NSW COVID-19 fine cases under review following Supreme Court decision

In a statement on its website, the NSW Local Court said it is reviewing the cases that may be impacted by the Supreme Court decision.

“On 6 April 2023, the Supreme Court published its reasons for judgment in the case of Beame; Els v Commissioner of Police & Ors [2023] NSWSC 347,” the statement reads.

“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.”

In the test case, the Supreme Court found the penalties issued to people not complying with lockdown orders or social distancing measures weren’t specific enough to be considered valid fines, as they did not adhere to the legal definition of a fine or penalty notice.

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There are currently a little more than 29,000 COVID-19 fines in NSW that have not been withdrawn.

Following the April 6 decision, the Redfern Legal Centre urged the state government to withdraw those penalty notices.

This judgment calls into disrepute all remaining COVID-19 fines because the fines do not meet the legal requirements of a valid penalty notice,” Samantha Lee, Redfern Legal Centre’s police accountability solicitor, said at the time.

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

“This case is not about COVID-19 or about public health orders. It is about ensuring the rule of law is adhered to even in a time of crisis.”