New South Wales’ Pandemic Fines Shed Light on Policing Problems

A report recently released by the University of New South Wales’ Center for Crime, Law and Justice argues that the New South Wales (NSW) government’s “law and order” response to the COVID-19 pandemic led to significant fines debt – often in low socio-economic and Indigenous communities – and damaged community-police relations.

The report comes in the wake of the NSW government withdrawing over 33,000 COVID-19 fines after a Supreme Court hearing. The case was originally brought by the Sydney-based Redfern Legal Centre on behalf of Brendan Beame, Teal Els, and Rohan Pank, and was the spark for the mass invalidation and refunding of fines. 

A total of 62,128 COVID-related fines and infringements were issued in NSW during the pandemic.

Katherine Richardson, acting for the plaintiffs, said Els was unaware of what she was fined for when she was approached by police while sitting in a park after exercising with her sister. 

Richardson stated that more than 160 people had received A$3,000 fines identical to  Els’, and more than 500 had similar wording. 

“Our submission states they are entitled to a refund. They have been charged money invalidly and we are pressing for a full range of relief to be sought,” Richardson told the court.

Redfern Legal Centre argued that their clients received little information and the fines lacked details about the supposed health order they were said to have breached.

In a statement, Redfern Legal Centre noted that “Revenue NSW withdrew one of the fines [Rohan Pank] soon after we filed the case.”

“On 29th November 2022 the remaining two cases were due to be heard. The day before the hearing, the government conceded or agreed that the two plaintiff’s fines were invalid.”

The case focused on the technical argument that the fine notices did not provide a sufficiently detailed description of the offense that was supposedly committed. This would render them void.

In a statement, Revenue NSW stated that “where fines are withdrawn, all sanctions, including drivers license restrictions or garnishee order activity will be stopped.”

“Where a fine has been withdrawn and a customer has made a payment – either in part or in full – Revenue NSW will make contact to arrange a refund or credit the payment towards other outstanding debts.”

The report by the University of New South Wales (UNSW) Center for Crime, Law and Justice noted that lockdowns in NSW – in response to the Delta wave of COVID-19 that impacted the world in 2021 – and the resulting fine burden “fell heavily on socio-economically disadvantaged individuals, families and communities.” 

The report emphasized that NSW residents were caught up in a quagmire of law-and-order decision making, often dealing with “frenetic and voluminous law-making, excessive financial penalties, hyperbolic rhetoric from political leaders and aggressive enforcement by police”

Over a six-month period, 123 amendments were made to public health orders. In July 2021, 13 amendments were made over 15 days. One lasted less than four hours before being amended. 

From July to September 2021, fines exceeding A$45.9 million were imposed on NSW residents.