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Over 33,000 COVID-19 fines withdrawn in NSW after Supreme Court ruling

Gary Hardgrave
Article image for Over 33,000 COVID-19 fines withdrawn in NSW after Supreme Court ruling

More than half of the 62,138 fines handed out to people in NSW over COVID-19 breaches will be withdrawn, following a fight by a community legal centre.

The Redfern Legal Centre issued a challenge against fines issued for COVID Public Health Order breaches on the basis they didn’t provide a detailed-enough description of what the wrongdoing actually was.

NSW handed out 62,138 COVID-19 related fines in total, 33,121 of those fines have been rescinded as a result of today’s decision.

Brisbane Live reached out to Queensland Police, who were unable to provide the number of fines handed to Queenslanders.

Principal lawyer at Fuller and White Solicitors, Brittany White, said Queensland had a similar provision in the Penalties Enforcement Act, that says offences must be “adequately particularised” in infringement notices.

But she said the decision is unique to NSW.

“Feasibly, one could challenge a Queensland infringement notice, including a COVID-19 notice on the same basis,” she told Neil Breen.

“I don’t know how it works in NSW, but in Queensland, the prosecuting authorities can issue a complaint and summons in lieu of an infringement notice if it is challenged.

“So potentially in Queensland, you might have that extra hurdle to get over, if you did decide to challenge an infringement notice on that basis.”

Press PLAY below to hear her explain the difficulty in challenging infringement notices

Image: Nine News

 

Gary Hardgrave
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