In July, a test case determined that fines issued in New South Wales for violating public health directives were unconstitutional. Currently, the Commissioner of Fines Administration has revoked 33,121 fines.
The largest state in Australia has announced it will cancel or refund tens of thousands of fines levied during the COVID outbreak after attorneys determined in a test case that certain fines were illegal.
During the pandemic, Australian governments and territories imposed stringent restrictions, including prohibitions on travel and movement outside the home.
The largest state in Australia, New South Wales, could levy fines of A$1,000 (£558) to violators of public health directives.
Redfern Legal Centre, a pro bono legal service, filed a test case on behalf of three plaintiffs in July, saying that their fines ranging from A$1,000 (£558) to A$3,000 (£1,674) were illegal because the penalty notifications did not adequately define the offense.
In a hearing before the New South Wales Supreme Court, government attorneys admitted that the plaintiff’s fines did not comply with the law.
In short order, the Commissioner of Fines Administration retracted 33,121 of the 62,138 COVID-related fines imposed.
The decision does not affect the remaining penalty.
All sanctions, including restrictions on driver’s licenses, will be lifted. Those who previously paid will receive a refund.
Today, three individuals who challenged the NSW government over the legitimacy of their COVID fines were granted justice,” said Samantha Lee, acting attorney for the plaintiffs.
Revenue New South Wales stated that the challenge was on a “technical basis” and that the court’s ruling did not negate the commission of the offenses.
