Login
Government to withdraw over 23k COVID fines worth $15m
Following a two-year legal campaign and the threat of a potential class action, the Australian government will withdraw and repay more than 23,000 invalid COVID-19 fines, worth an estimated $15 million.
Lauren Croft
After a lengthy legal campaign by Redfern Legal Centre and Maurice Blackburn, the government has agreed to repay COVID-19 fines that were improperly issued to socioeconomically disadvantaged people.
Two years ago, a test case brought by Redfern Legal Centre found that 33,000 COVID-19 fines distributed by the government during the pandemic were invalid, as they did not pass the “bare minimum” test established by the 2022 Supreme Court ruling in the case: Beame; Els v Commissioner of Police & Ors.
In July 2023, as reported by Lawyers Weekly, Redfern Legal Centre filed an NSW Supreme Court application seeking the withdrawal of the additional fines. A total of 23,539 COVID-19 fines will now be withdrawn, which Maurice Blackburn has valued at approximately $15 million.
This comes after the firm notified the NSW government of its intention to file a class action this month if Revenue NSW did not withdraw and refund the remaining COVID-19 fines, Maurice Blackburn social justice principal Jennifer Kanis said.
“We are pleased the New South Wales government has agreed to withdraw and refund the remaining 23,000 invalid COVID fines. But it’s important to note that it was only after the government was alerted to the prospect of a class action that it agreed to act.
“This case shows the strength of class actions in helping people achieve accountability for the injustices they’ve endured. Redfern Legal Centre [has] been tireless in advocating on this issue for a number of years, and we are pleased to bring Maurice Blackburn’s class actions expertise and knowledge to resolve the issue for thousands of people,” she said.
“When people are fined, they are entitled to know what offence they are alleged to have committed. We look forward to fines being issued fairly, transparently and in accordance with the law in the future.”
The fines were between $1,000 and $5,000 and, according to Redfern Legal Centre supervising solicitor Samantha Lee, were disproportionately given out to socioeconomically disadvantaged individuals, families and communities, particularly in south-western and western Sydney and western NSW.
“This outcome is the result of a significant and lengthy effort by Redfern Legal Centre, a team of dedicated counsel and Maurice Blackburn. The goal has always been to seek justice for all people in NSW who were issued with an invalid fine,” she said.
“The impact of COVID fines on marginalised communities and on children – was disproportionate, unreasonable, and unjust. Added to this was the unfairness of fines being unclear about what offence the person was alleged to have committed.”
In August last year, the NSW government also decided not to replace fines issued to about 3,000 children, with cautions, with the suggestion that children as young as 10 could work off COVID-19 fines by engaging with work and development orders (WDOs), a program that places children in unpaid work, counselling courses or treatment programs, to work off their fines. This suggestion was revealed to be a potential breach of international law.
This came after a number of legal bodies urged the government to exercise caution when issuing COVID-19 fines, with the Aboriginal Legal Centre back in 2021 warning that excessive public health fines and charges would only cause further harm to communities.
“This case is a significant win for accountability and will help make the fine system in NSW fairer, ensuring it abides by the rule of law. We now turn our attention to the unfairness of the fines system on children,” Lee said.
“Redfern Legal Centre and a coalition of other organisations [are] calling for immediate reform of the NSW fines system, which is oppressive, discriminatory and ineffective when used against children.”
This sentiment was echoed by Law Society of NSW president Brett McGrath, who welcomed the decision and said it was “consistent with good public administration and the rule of law”.
“The Law Society and other legal stakeholders have long advocated for the withdrawal of PHO fines, especially those imposed on children and other vulnerable cohorts,” he said in a statement.
“We note that this decision does not apply to matters ‘in the process of being considered by, or have already been finalised, by the courts. To the extent that any of those matters have resulted or may result in fines or convictions, against vulnerable people, including children and young people, the Law Society urges their withdrawal.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
