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Renewed push to cancel remaining COVID fines

Western Plains App

Luke Williams

17 April 2023, 7:40 AM

Renewed push to cancel remaining COVID finesSix western plains towns were among the most-fined communities in NSW during COVID restrictions.

The NSW Supreme Court has made it official - most fines handed out for breaches of COVID regulations are invalid, unlawful, and must be canceled.


Communities across the Western Plains App were hit hard in the lead up to and during peak infection times across the 2021-22 period.


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. Brewarrina had five in 100 residents fined.


Coonamble's fine rate trailed only Walgett and Brewarrina on a per-population basis as the most fined local government areas (LGAs) across all of NSW.



Data from Revenue NSW shows Walgett residents were hit with nearly $200,000 worth of fines during the 2021-22 period - bringing the total penalties for the year to double their normal yearly average.


In November, Revenue Commissioner withdrew 33,000 of the 62,000 fines for breaking COVID-19 following pre-trial concessions made by government lawyers in the test case brought by Redfern Legal Centre found those fines lacked sufficient written detail of the offense. 


Despite the department's concession, the NSW Supreme Court's matter was still finalised - last week the court confirmed that the penalty notices lacked sufficient unambiguous detail.


However, this does not apply to all fines handed out to our region's residents.


The Supreme Court of NSW. Image: Google


Our analysis of Revenue NSW data shows the total number of COVID fines withdrawn from the Western Plains as a results was around 1300 of 1740 issued.


It means residents still have around $400,000 worth of fines to pay. While most of those are now subject to pending or active enforcement orders, which can lead to driver license revocation or wage garnishing, those paying are having it deducted from their Centrelink each fortnight.


Legal advocates and indigenous leaders are now urging the NSW Government to withdraw all remaining fines. It has so far declined to do so.


Samantha Lee, Redfern Legal Centre's police accountability solicitor, said Thursday's ruling might also affect those remaining fines.


"This judgment calls into disrepute all remaining Covid-19 fines because the fines do not meet the legal requirement to be a valid penalty notice," she said.


"The government must now do the right thing and withdraw all Covid-19 fines that were issued, including withdrawing those offences for which individuals elected to take to court, any work and development orders and reimburse fines already paid."


In response to the Supreme Court decision The Dharriwaa Elders Group said since discovering Walgett had the highest rate of covid fines in NSW they were "outraged & working to limit the impacts since. Police managing public health? Never again. Withdraw all covid fines! Thank you".