State government scraps thousands of fines translating to millions in refunds—are you eligible?
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In a significant move, thousands of fines issued during the COVID-19 pandemic are being withdrawn.
This decision comes as authorities reassess the enforcement measures that were put in place during the height of the health crisis.
The move has sparked widespread discussion and raises questions about the management and fairness of penalties imposed during this unprecedented period.
Residents impacted by these fines may now see changes that could have financial and legal implications.
In a stunning turn of events that will have many New South Wales residents breathing a sigh of relief, the state government has announced the withdrawal of all remaining COVID-19 fines, with millions of dollars set to be refunded to those who have already paid.
The move is a significant one, as it affects more than 20,000 fines that were still in place following a Supreme Court ruling two years ago that deemed 36,000 out of 62,000 fines invalid due to their vague nature.
The state government had previously refrained from addressing demands to revoke the remaining penalty notices, but announced on Tuesday, November 26, that these notices will indeed be cancelled.
The decision will result in the cancellation of 23,539 fines, although it will not affect those who have already proceeded to court.
Revenue NSW will refund a total of $5.5 million to residents who have partially or fully paid these fines.
The Department of Customer Service noted that while the fines not affected by the 2022 court ruling provided clearer descriptions of the offences, they may still be sufficiently vague to be deemed invalid.
‘Since receiving legal representations and further considering the descriptions in the remaining penalty notices, it is appropriate to withdraw the notices for these 23,539 COVID-19 fines,’ the department said in a statement.
‘Ultimately, the Commissioner of Fines Administration considers the COVID-19-related penalty notices contained insufficient details, which may render them technically deficient and place their validity in doubt.’
The decision also follows a Supreme Court ruling from January, the reasons for which were only made public last month.
The case involved a $3,000 COVID-19 fine issued to Angelika Kosciolek for leaving Sydney without a permit.
Although the court did not declare the fine invalid—since Revenue NSW had already withdrawn it, refunded the payment with interest, and acknowledged it was invalid on another basis—it did rule that all COVID-19 penalty notices must clearly state the offence they were issued for.
This ruling led Redfern Legal Centre, which had brought the case and a previous one in 2022, to call for the withdrawal of all remaining pandemic fines.
Revenue NSW will reach out to affected residents due for a refund.
We encourage our members to share their experiences with COVID-19 fines and refunds in the comments below. Have you been affected by these fines? Are you expecting a refund? Let's discuss the implications of this decision and how it has impacted our community.
This decision comes as authorities reassess the enforcement measures that were put in place during the height of the health crisis.
The move has sparked widespread discussion and raises questions about the management and fairness of penalties imposed during this unprecedented period.
Residents impacted by these fines may now see changes that could have financial and legal implications.
In a stunning turn of events that will have many New South Wales residents breathing a sigh of relief, the state government has announced the withdrawal of all remaining COVID-19 fines, with millions of dollars set to be refunded to those who have already paid.
The move is a significant one, as it affects more than 20,000 fines that were still in place following a Supreme Court ruling two years ago that deemed 36,000 out of 62,000 fines invalid due to their vague nature.
The state government had previously refrained from addressing demands to revoke the remaining penalty notices, but announced on Tuesday, November 26, that these notices will indeed be cancelled.
The decision will result in the cancellation of 23,539 fines, although it will not affect those who have already proceeded to court.
Revenue NSW will refund a total of $5.5 million to residents who have partially or fully paid these fines.
The Department of Customer Service noted that while the fines not affected by the 2022 court ruling provided clearer descriptions of the offences, they may still be sufficiently vague to be deemed invalid.
‘Since receiving legal representations and further considering the descriptions in the remaining penalty notices, it is appropriate to withdraw the notices for these 23,539 COVID-19 fines,’ the department said in a statement.
‘Ultimately, the Commissioner of Fines Administration considers the COVID-19-related penalty notices contained insufficient details, which may render them technically deficient and place their validity in doubt.’
The decision also follows a Supreme Court ruling from January, the reasons for which were only made public last month.
The case involved a $3,000 COVID-19 fine issued to Angelika Kosciolek for leaving Sydney without a permit.
Although the court did not declare the fine invalid—since Revenue NSW had already withdrawn it, refunded the payment with interest, and acknowledged it was invalid on another basis—it did rule that all COVID-19 penalty notices must clearly state the offence they were issued for.
This ruling led Redfern Legal Centre, which had brought the case and a previous one in 2022, to call for the withdrawal of all remaining pandemic fines.
Revenue NSW will reach out to affected residents due for a refund.
Key Takeaways
- NSW will withdraw all remaining COVID-19 fines, with a total of 23,539 fines being cancelled.
- Residents who have already paid a COVID-19 fine, partially or fully, will be refunded a combined $5.5 million by Revenue NSW.
- The removal of the fines follows a Supreme Court ruling that earlier fines were invalid due to vagueness, and subsequent legal considerations indicated the remaining fines might also be too vague.
- Revenue NSW will contact individuals who are owed a refund following the decision to cancel the fines.