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.

 

[Rob44]

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.

Goodness me! You are not suggestion that vaccination prevented people from catching smallpox , poliomeyelitis and indeed tuberculosis?!!!! That's radical!

 

[AlanQ]

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!

And they said you're graduating grade 6 education wasn't going to get you far. Just what facebook page did you pull that BULLS#!T information from, or is just the voices you hear in your head. Another classic example of the ill-informed, uneducated opinion of someone that just reads rubbish that agrees with their level of understanding. BULLSH#!T FAKE STORIES from the internet with absolutely no foundation or basis of truth. I wish they did actually allow people that are like minded as yourself to not be vaccinated and go about their daily routine, most likely start the day with sunrise or today, then progress to some other meaningless rubbish on TV. Would have couple of benefits that I can think of. But, alas that's one hell of a slippery slop we'd be going down.

 

[Rob44]

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.

Our Federal LNP government wasn't unprepared. It was just bloody stupid nationally in dealing with a virus to which we had no immunity. OK, I suppose being bloody stupid would mean it was not willing to be prepared and that equates with being unprepared. How odd that Cuba had three vaccines ready to go within 18 months-2 years of the start of the endemic and Australia hasn't yet manufactured one and still pays some overseas corporation about $1100 per 5-day course of pills (30) to counteract the effects of C-19.

Does Australia have a home-grown government-run pharmaceutical research industry? Of course not; this is a colony dependent on people overseas for food, clothes, machine tools and biochemical research (amongst other things). But we do have an AFL; no-one else has that!

 

[AlanQ]

Our Federal LNP government wasn't unprepared. It was just bloody stupid nationally in dealing with a virus to which we had no immunity. OK, I suppose being bloody stupid would mean it was not willing to be prepared and that equates with being unprepared. How odd that Cuba had three vaccines ready to go within 18 months-2 years of the start of the endemic and Australia hasn't yet manufactured one and still pays some overseas corporation about $1100 per 5-day course of pills (30) to counteract the effects of C-19.

Does Australia have a home-grown government-run pharmaceutical research industry? Of course not; this is a colony dependent on people overseas for food, clothes, machine tools and biochemical research (amongst other things). But we do have an AFL; no-one else has that!

Apart from (publicly owned) research organisation that is ranked in the top 1% of the world scientific institutions, the CSIRO or the Baker Institute or the Florey Centre for research, I guess no.

 

[Rob44]

CSIRO, last time I heard about it, has to make 40% of its own research budget. Which means that blue-sky research comes low in priority. Rather like the former NZDSIR, now privatised as "Crown Research Corporations". Yes, there are competent researchers in Australia, but how many have to compete for research grants or lose their jobs?

 

[tonytheonetrickpony]

Should we ignore the 7million + deaths and just rubbish the government trying to reduce fatalities at the time? They were not perfect, but something had to be done. Why don't we just get on with living the moment and stop complaining about the past, we are alive.

 

[crabby2gmailcom]

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!

It was also to Enrich the Shareholders of the Pharmaceutical Companies as well. Thx Leanne D.

 

[Mika]

I would love to see some compensation by WA government to all the people who were banned from visiting dying family members. Every possible precaution was taken but still banned. (4 tests if going by road across Aust) Yet people from another state were allowed to fly in without any precautions and lo and behold, a Covid positive person flew in and walked the streets! It was outright discrimination.

 

[Bob’s Buddy]

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.

 

[Leanne D]

Goodness me! You are not suggestion that vaccination prevented people from catching smallpox , poliomeyelitis and indeed tuberculosis?!!!! That's radical!

I am definitely not an anti-vaxer! My mother nursed people in iron lungs, I come from a family of nurses ( myself included!) We are, my children are, as my grandchildren are! As per the Vaccinated Schedule. My point was how the world was held to fear-mongering and miscommunication. Do your own research and Wash your hands etc. By the way Allan, I called out the principal of my kids school newsletter and for printing out nonsense that poor younger Mums would take to be ‘ gospel ‘ It made the news. Grade 6
Have a great day

 

[AlanQ]

I would love to see some compensation by WA government to all the people who were banned from visiting dying family members. Every possible precaution was taken but still banned. (4 tests if going by road across Aust) Yet people from another state were allowed to fly in without any precautions and lo and behold, a Covid positive person flew in and walked the streets! It was outright discrimination.

by 'walked the streets' do you mean after they managed to escape their hotel quarantine facility? The measures taken by the WA State Govt didn't seem to be 'punished' at the polls. Like the VAST majority of people at the time said, they'd feel it at the next election only to result in increased majority govt's in ALL but SA. Go figure.

 

[AlanQ]

CSIRO, last time I heard about it, has to make 40% of its own research budget. Which means that blue-sky research comes low in priority. Rather like the former NZDSIR, now privatised as "Crown Research Corporations". Yes, there are competent researchers in Australia, but how many have to compete for research grants or lose their jobs?

Crown Research Corporation is still 100% NZ Govt owned. How they are funded is no different to all other govt owned 'enterprises'. They are not given bottomless buckets are money, much like the CSIRO they are expected to make a return on investments for research. Vast majority of scientific break throughs are public owned enterprises. The problem is they are required to make available results (positive & negative) for other bodies to review and often steal.

 

[IAN3005]

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.

1. Discovery and Early Research:
   • In the early 1960s, scientists discovered mRNA.
   • Research on how to deliver mRNA into cells began in the 1970s.
   • However, technical challenges hindered progress. One major hurdle was that mRNA would degrade before it could deliver its message to cells.
   • The solution came from nanotechnology: lipid nanoparticles that enveloped the mRNA, allowing it to enter cells and be translated into proteins.
2. First Human Clinical Trial:
   • In 2001, the first human clinical trial using ex vivo dendritic cells transfected with mRNA encoding tumor antigens (a therapeutic cancer mRNA vaccine) commenced.
   • Four years later, modified nucleosides were successfully used to transport mRNA inside cells without triggering the body’s defense system.
3. COVID-19 Pandemic Acceleration:
   • On 16 March 2020, the first mRNA vaccine designed to combat the SARS-CoV-2 virus was administered to Jennifer Haller in Seattle1.
   • The pandemic spurred manufacturers to develop numerous potential vaccines, including mRNA-based ones.
   • Pfizer’s COVID-19 vaccine, which