The NSW Supreme Court has found that a $3,000 fine for leaving Greater Sydney without a permit in 2021 was unlawful, casting doubt on the validity of around 30,000 similar fines issued during the pandemic.
This is the second such ruling.
The state’s Revenue NSW, however, says it will not withdraw the fines and, will instead, treat each one on a “case-by-case basis,” likely meaning those fined will need to argue their case with the government and potentially take the matter to court.
The case centred on a $3,000 fine imposed on Angelika Kosciolek for leaving Greater Sydney in 2021. She was homeless and made plans to travel to South Australia after being offered accommodation there.
But Justice Desmond Fagan said fines issued during COVID-19 must pass the “bare minimum test,” established in a 2022 Supreme Court ruling. That ruling said that for a fine to be valid, the penalty notice must clearly state the relevant Act, and the provision related to the offence.
‘Withdraw and Repay’: Redfern Legal Centre
“If a COVID fine fails to state the specific offence, the fine is invalid,” Samantha Lee, senior solicitor at the Centre, said. “RLC considers that the judgment supports the conclusion that the remaining COVID fines are invalid and urges Revenue NSW to withdraw and repay the 29,000 remaining fines.”
Yet Commissioner of Fines Administration Scott Johnston, from Revenue NSW, told a Budget Estimates hearing that it would not be withdrawing any of the remaining fines, but will continue to “review and treat every matter on a case-by-case basis.”
However, Ms. Lee urged Mr. Johnston to “come to his senses.”
“The commissioner is refusing to honour a supreme court judgement and do the right thing and give people back their money and withdraw these fines that don’t meet the legal requirements,” she said. “We’re giving the commissioner time to come to his senses and make the right decision to withdraw these fines. If not, then watch this space.”
More than 33,000 COVID fines, worth millions of dollars, were cancelled after a NSW Supreme Court ruling in 2022 found that details of the offences were insufficient.
In that instance, Revenue NSW withdrew 33,121 fines, meaning roughly half of the 62,138 COVID-related infringement notices issued in the state during the pandemic were invalid. However, it emphasised that the decision to withdraw the fines did not mean the offences had not been committed.
