In a major win for Australians, more than 33,000 fines issued during the COVID-19 pandemic are being scrapped, and $5.5 million will be refunded to those who paid.
This decision comes after new legal advice revealed that the penalty notices didn’t contain enough information, making them invalid.
A Breach of the Fines Act
The announcement was made after Revenue NSW’s Commissioner of Fines Administration Scott Johnston consulted with NSW Police, following the new legal advice. It was found that the penalty notices didn’t comply with the requirements of the Fines Act, which meant they didn’t contain enough information about the alleged breaches.
What Does This Mean for You?
If you’re one of the thousands of people who received a fine during the pandemic, you might be wondering what this means for you. Well, if you’ve already paid your fine, whether in full or partially, you’ll be getting a refund. Revenue NSW will start contacting customers this week to sort out the details.
But What About Court Cases?
It’s worth noting that this decision won’t affect fines that are already in front of or have been finalized by the court system. These cases are now out of the government’s hands, so you won’t be eligible for a refund.
A Similar Situation in 2022
This isn’t the first time something like this has happened. In 2022, around 36,000 penalty notices were scrapped due to lacking information. At the time, it was found that the limited details in some notices made it hard to understand the nature of the offences, and they didn’t comply with the Fines Act.
The Draconian Pandemic Rules
You might remember the strict pandemic rules that saw NSW residents fined up to $11,000 or six months in prison, or both, if they breached public health orders. It was a tough time for many, with police cracking down on anyone who disobeyed the rules.
Some Notorious Cases
Do you recall the story of the homeless woman who was fined $3,000 for leaving Sydney without a permit? Or the man in Newcastle who got fined $1,000 for sitting on a bench eating a kebab? These cases might seem ridiculous now, but they were a harsh reality for many during the pandemic.
A “Victory” for Common Sense
Sky News host Chris Kenny has called the decision to scrap the fines a “victory” and demanded an apology from the state government. “Thank goodness for that, that’s just a little flash of common sense. Belated, but at least it’s the right call,” he said.
A Royal Commission?
Kenny has also called for a national royal commission to investigate the handling of the pandemic. “They should all apologise, and there should be a national royal commission to delve into this stuff, they’re all trying to skate away and pretend they didn’t do this to us,” he said.
A Lesson Learned?
Former NSW premier Dominic Perrottet has already conceded that the mandates were “wrong” during his parliamentary valedictory speech. Maybe this decision will serve as a lesson for future pandemics and emergencies – that sometimes, it’s better to err on the side of caution and ensure that the laws are fair and just.