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Courts puts remaining COVID fines on hold

Western Plains App

Luke Williams

19 April 2023, 9:20 PM

Courts puts remaining COVID fines on hold Image: Pixabay.

All remaining Covid breach matters in the local, children’s, and district courts have been put on hold temporarily following a NSW Supreme Court decision that annulled most fines handed out during the COVID. 


Communities across the Western Plains were among the hardest hit during the peak. Walgett and Brewarrina had the highest rate of fines across the state, with Warren, Gilgandra, and Bourke residents also featuring amongst the top 10 most penalised for Covid offences suburbs in the state.  


The Supreme Court decision found that 33,000 of the 62,000 fines handed out state-wide needed more detail and therefore withdrawn. 





A Western Plains App analysis Revenue NSW data shows the total number of COVID fines withdrawn from the Western Plains, as a result, was around 1300 of 1740 issued. It means residents still have around $400,000 worth of fines to pay. However, for people contesting fines in the courts, those fines have been put on hold as NSW Police consider legal advice on what the decision means for the remaining fines. 


Authorities have directed court registries to adjourn any Covid breach matter until after 8 May to allow time police to obtain legal advice. 


A notice at the top of the NSW local court website also said that “work is currently underway” to determine how it will deal with the remaining Covid fines. 


“The judgment relates to penalty notices issued for certain offences under the Public Health Act 2010. Work is currently underway to determine if or how cases in the Local Court may be affected by the decision,” the message said. “This website will be updated as soon as further information becomes available.” 


It is not clear at this stage whether NSW police will withdraw all fines still before the courts. 


Redfern Legal Centre wrote to NSW police’s office of general counsel last week, asking for clarification on what would happen to the fines still before the court. 


BREW ARRINA

Image: Wikipedia. 


“It is clear from the judgment that all Covid fines are invalid because the fines do not meet the requirements as outlined in the judgment to ensure the fines are valid,” Lee wrote,. “For this reason, I request that clarification be provided as to whether the Covid fine elected matters before the Local Court will be withdrawn”. 


Data collated by the University of NSW has shown that the areas most affected by the fines were lower socio-economic communities and those with high indigenous populations.