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.

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.

Key Takeaways

• A NSW Supreme Court ruling could invalidate thousands of COVID-19 fines issued during the pandemic.
• The court found that for a fine to be legal, it must clearly indicate the specific government act and offence it relates to, which many issued fines failed to do.
• Despite having refunded over 33,000 fines previously, Revenue NSW will not automatically withdraw and repay all COVID-19 fines but will review each case individually.
• Redfern Legal Centre offers free legal advice for those seeking to have their COVID-19 fines quashed or refunded and may pursue further action if fines that don't meet legal standards are not 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.

 

[Bob’s Buddy]

The whole thing was unlawful! Excellent news!

 

[Kelpie]

Love it. The whole thing was a scam and only used to increase their powers regardless of our consequences and we were even promised that vaccine would protect us from getting Covid10, and that was a big lie.
It is coming out more and more that the vaccine wasn't doing what it was supposed to do and where many people have and still are now suffering from the consequences of receiving the vaccine. I am one of them and finally I got a specialist to admit it to me while my GP was silent.
Make the Government pay all that money back WITH INTERESTS AS WELL.

 

[Mrtnst]

Make the Government pay all that money back WITH INTERESTS AS WELL.

That would be just.

Unfortunately the prior, and current, government have already spent all the money.

Which means that it will be taxpayers who will have to pay the money and interest back.

 

[piggyp]

Time to implement NUREMBERG CODE 1947 for any person who benefited momey wise from the mandates Politiciams Federal State and Health Departments Pharma no exemptions as per the Code .

 

[Dethick]

So they should the controlling government, fines worth thousands for just walking to close to someone or leaving your home to get groceries just outside a five mile radius was ridiculous and too expensive. We live in the Ranges and to go off the hill was more than 5 kilometres...so they wanted us to starve......

 

[Dutchy1942]

Every decision has a cause and effect. The cause being a pandemic in which our administration was found to be totally unprepared. The effect was rushed decisions and political interference and incompetence.
This Supreme Court decision is just one of many injustices to be addressed.

 

[Kelpie]

That would be just.

Unfortunately the prior, and current, government have already spent all the money.

Which means that it will be taxpayers who will have to pay the money and interest back.

True, but it will have to come out from their budget and they will be the ones having to face it at the next elections..
I wonder of QLD, WA and Vic will be in the same position now, after all a precedent has now been created and they will have to follow the rules as set out under the English Laws.

 

[Kelpie]

Every decision has a cause and effect. The cause being a pandemic in which our administration was found to be totally unprepared. The effect was rushed decisions and political interference and incompetence.
This Supreme Court decision is just one of many injustices to be addressed.

I don't know just about been unprepeared, my question is about the Health Chielf in each state who have usurped their powers with a little or no experience when they would not take notice of people more intellgent and knowledgeable than themselves. Everyone was saying that schools shouldn't be shut nor having to wear masks but it wasn't taken up.

 

[Leanne D]

I wondered if people realized the absurdity of a vaccine that a. Didn't give immunity and needed more than 2 vaccines. b. Changed our DNA with the ‘spike’ proteins, leading to Lower immunity. ( These are available to see in the pziser(?) website )
The reason many fit 50-year-old men were dropping dead suddenly! I could go on, but I think you all get what I mean? People should always wash their hands frequently and stay home if you are sick!

 

[Abby2]

I wondered if people realized the absurdity of a vaccine that a. Didn't give immunity and needed more than 2 vaccines. b. Changed our DNA with the ‘spike’ proteins, leading to Lower immunity. ( These are available to see in the pziser(?) website )
The reason many fit 50-year-old men were dropping dead suddenly! I could go on, but I think you all get what I mean? People should always wash their hands frequently and stay home if you are sick!

Unfortunately People will not obey the basics of washing hands and staying at home if they are sick... hence the virus and bacteria spreads.

 

[Ziggy]

I guess, now you can expect extra tax to cover lost revenue... trust the politician.
It was so easy to print money, create this hyperinflation and blame Putin for it...

 

[Rob44]

Ironies of ironies. The NSW LNP government unleashed Covid-19 upon Australia through incompetence or deliberate bloody-mindedness when it came to organising effective quarantine when a covid cruise ship entered Sydney harbour and also subsequently by slack practices in trying to control the disease. Yes; Covid-19 would have got into Australia but a sane Australia-wide response by the then useless LNP Federal government could well have ameliorated the problem. And now NSW has to repay fines awarded those who infringed whatever regulations had been put in place in NSW.

 

[AlanQ]

True, but it will have to come out from their budget and they will be the ones having to face it at the next elections..
I wonder of QLD, WA and Vic will be in the same position now, after all a precedent has now been created and they will have to follow the rules as set out under the English Laws.

It's based on the wording of the NSW legislation. Unless the other State have the same wording another test case would be required. I don't believe any of the State are pursuing unpaid fines, but those that just pay are the ones that will potentially benefit.

 

[IAN3005]

The whole thing was unlawful! Excellent news!

The whole thing was a farce from beginning to end 'PANDEMIC' They should look up the true meaning of the word....

 

[AlanQ]

The whole thing was a farce from beginning to end 'PANDEMIC' They should look up the true meaning of the word....

I think the same was said about, small pox vaccine and polo syrup. Will assume most people on this site still have memories of iron lung wards or kids wearing calipers. Strangely neither of which are seen today, wonder why. Just reading someone post on facebook that has preached to the choir doesn't have any validation of what was actually happening and what potentially was achieved from covid vaccinations. I will pointout that Dr Pepper is a drink and Dr Phil isn't acutally a Dr. Just putting Dr against your name on some idiot social media post means diddly squat.

 

[IAN3005]

I think the same was said about, small pox vaccine and polo syrup. Will assume most people on this site still have memories of iron lung wards or kids wearing calipers. Strangely neither of which are seen today, wonder why. Just reading someone post on facebook that has preached to the choir doesn't have any validation of what was actually happening and what potentially was achieved from covid vaccinations.

Ahhh that was different..... the vaccines were tried and tested and didn't mess with the MRNA..

 

[Rob44]

Unfortunately People will not obey the basics of washing hands and staying at home if they are sick... hence the virus and bacteria spreads.

Alas but viruses mutate and hence the need to modify vaccines, and C-19 mutates rapidly. And of course people simply are too lazy to consider the welfare of others and object to undertaking even the most mild of precautions such as washing hands and wearing masks in crowded places so as to reduce spread of infection. And the less the spread of infection, the less a virus would mutate to render a vaccine ineffective.

 

[Gil]

I wondered if people realized the absurdity of a vaccine that a. Didn't give immunity and needed more than 2 vaccines. b. Changed our DNA with the ‘spike’ proteins, leading to Lower immunity. ( These are available to see in the pziser(?) website )
The reason many fit 50-year-old men were dropping dead suddenly! I could go on, but I think you all get what I mean? People should always wash their hands frequently and stay home if you are sick!

Leanne D:​

GET YOUR FACTS RIGHT - STOP SPREADING FAKE NEWS​

Can COVID-19 vaccines alter my DNA?​

No, COVID-19 vaccines do not alter your DNA.

Some COVID-19 vaccine use a fragment of messenger RNA (mRNA) to instruct your body to make an immune response against COVID-19.

There is a crucial difference between mRNA and DNA.

DNA, which makes up our genetic code, is larger, double stranded and very long. The mRNA is a single stranded copy of a small part of the DNA, which is often released to send instructions to other parts of the cell.

DNA is stored in the protected centre of our cells – the nucleus. The mRNA is broken down quickly by the body. It never enters the nucleus, and cannot affect or combine with our DNA in any way to change our genetic code.

Instead, COVID-19 mRNA vaccines teach the cell how to make a protein that triggers an immune response specific to COVID-19. The vaccines work with the body’s natural defences to develop immunity to disease.

 

[AlanQ]

Ahhh that was different..... the vaccines were tried and tested and didn't mess with the MRNA..

Maybe do some research on how long MRNA vaccines have ACTUALLY been around. Here's a hint, was potentially when you first started work or may still have even been in early secondary school.