The estimated value of the fines comes to about $15m
The Commissioner of Fines Administration in NSW is set to rescind and pay back 23,539 COVID-19 fines.
The outcome is a win for the Redfern Legal Centre (RLC) and Maurice Blackburn, the two organisations that mounted a legal challenge against the government. Maurice Blackburn estimated that the value of the fines is around $15m.
According to the government, those who have paid a withdrawn fine will be entitled to a refund. Fines were generally in the $1,000-$5,000 range.
“The impact of COVID fines on marginalised communities and on children was disproportionate, unreasonable, and unjust”, RLC supervising solicitor Samantha Lee said. “Added to this was the unfairness of fines being unclear about what offence the person was alleged to have committed”.
Lee described the case as “a significant win for accountability and will help make the fine system in NSW fairer, ensuring it abides by the rule of law”.
In November 2022, a ruling by the NSW Supreme Court led to about 33,000 fines being withdrawn. Earlier this month, Maurice Blackburn advised the government that it planned to file a class action over the remaining 23,539 fines – according to principal lawyer Jennifer Kanis, this spurred the government to take action.
“This case shows the strength of class actions in helping people achieve accountability for the injustices they’ve endured,” Kanis said. “We look forward to fines being issued fairly, transparently and in accordance with the law in the future”.
NSW Law Society President Brett McGrath described the NSW government’s decision to withdraw the fines as “a just and sensible outcome”.
“This decision, taken in consultation with the Commissioner of Police, is unambiguously good news for those affected, and importantly, consistent with good public administration and the rule of law”, McGrath said.
Nonetheless, he pointed out that the 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”.
