Explosive court verdict may scrap all COVID-19 fines in this state
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In a landmark decision that could have far-reaching implications, a state’s Supreme Court has ruled that a COVID-19 fine was unlawfully issued, setting a precedent that may lead to the scrapping of tens of thousands of similar fines across the state.
This bombshell ruling has sparked a conversation about the legality of the fines imposed during the pandemic and the potential for widespread refunds.
Leading the charge to retrieve citizens' money from the coffers of the state government, Samantha Lee, Senior Solicitor at the Redfern Legal Centre, successfully contested a $3000 fine, for an alleged violation of the Public Health Act, on behalf of Angelika Kosciolek.
The outcome of this case has implications for approximately 29,000 other COVID-19 fines issued within the state during the pandemic, even those that have been fully or partially paid.
Justice Desmond Fagan of the New South Wales Supreme Court has established that any issued fine must clearly reflect the relevant government act it applies to and the provision connected to the offence.
The infringement that was slapped on Ms Kosciolek failed to meet these 'bare minimum' legal standards, leading Lee to claim that this same flaw may extend to other COVID-19 fines dispensed out during the pandemic.
This year already witnessed the NSW having to withdraw and refund 33,121 fines, following the court's decision that the penalties were weakly worded, lacking reference to any specific offence.
'We now have two Supreme Court judges confirm that if a penalty is to be valid, it must have the Act or specify the offence,' stated Ms Lee.
'Therefore, if anyone else with [COVID-19] fines out there looks at their actual penalty notice and it doesn't have the Act on it, we are of the view (that) all those fines are now invalid.'
Despite the precedent set by the Supreme Court and the consequent withdrawal and refund of massive numbers of fines, the NSW Commissioner of Fines Administration, Scott Johnston, has not committed to an automatic withdrawal of fined amounts.
Mr Johnston stated in NSW parliament's Budget Estimates meeting that each case will undergo independent review.
Ms Lee called on the commissioner to repay all fines and expressed that her centre is prepared to pursue the matter.
She also urged him to honour the Supreme Court's judgement, saying, 'The commissioner is refusing to honour a Supreme Court judgement and do the right thing and give people back their money and withdraw these fines that don't meet the legal requirements.'
'We're giving the commissioner time to come to his senses and make the right decision to withdraw these fines. If not, then watch this space.'
Encouraging citizens not to lose hope, she mentioned that the Redfern Legal Centre would offer free legal advice to anyone wanting to challenge their fines or seek refunds.
She advised citizens there was an option of submitting a review with Revenue NSW claiming that their fine fails to meet the legitimate test and thus should be withdrawn.
What are your thoughts on this latest news? Are you one of those affected by COVID-19 fines? Let us know your thoughts in the comments below.
This bombshell ruling has sparked a conversation about the legality of the fines imposed during the pandemic and the potential for widespread refunds.
Leading the charge to retrieve citizens' money from the coffers of the state government, Samantha Lee, Senior Solicitor at the Redfern Legal Centre, successfully contested a $3000 fine, for an alleged violation of the Public Health Act, on behalf of Angelika Kosciolek.
The outcome of this case has implications for approximately 29,000 other COVID-19 fines issued within the state during the pandemic, even those that have been fully or partially paid.
A New South Wales Supreme Court ruling may lead to the scrapping of thousands of COVID-related fines. Image source: Aboriginal Legal Service.
Justice Desmond Fagan of the New South Wales Supreme Court has established that any issued fine must clearly reflect the relevant government act it applies to and the provision connected to the offence.
The infringement that was slapped on Ms Kosciolek failed to meet these 'bare minimum' legal standards, leading Lee to claim that this same flaw may extend to other COVID-19 fines dispensed out during the pandemic.
This year already witnessed the NSW having to withdraw and refund 33,121 fines, following the court's decision that the penalties were weakly worded, lacking reference to any specific offence.
'We now have two Supreme Court judges confirm that if a penalty is to be valid, it must have the Act or specify the offence,' stated Ms Lee.
'Therefore, if anyone else with [COVID-19] fines out there looks at their actual penalty notice and it doesn't have the Act on it, we are of the view (that) all those fines are now invalid.'
Despite the precedent set by the Supreme Court and the consequent withdrawal and refund of massive numbers of fines, the NSW Commissioner of Fines Administration, Scott Johnston, has not committed to an automatic withdrawal of fined amounts.
Mr Johnston stated in NSW parliament's Budget Estimates meeting that each case will undergo independent review.
Ms Lee called on the commissioner to repay all fines and expressed that her centre is prepared to pursue the matter.
She also urged him to honour the Supreme Court's judgement, saying, 'The commissioner is refusing to honour a Supreme Court judgement and do the right thing and give people back their money and withdraw these fines that don't meet the legal requirements.'
'We're giving the commissioner time to come to his senses and make the right decision to withdraw these fines. If not, then watch this space.'
Encouraging citizens not to lose hope, she mentioned that the Redfern Legal Centre would offer free legal advice to anyone wanting to challenge their fines or seek refunds.
She advised citizens there was an option of submitting a review with Revenue NSW claiming that their fine fails to meet the legitimate test and thus should be withdrawn.
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