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A court ruling could pave the way for tens of thousands of Covid fines to be scrapped.
The failure on the part of the New south Wales Supreme Court On January 31 allowed Angelika Kosciolek to escape a $3000 fine imposed on her for leaving the greater Sydney area in 2021 without a permit.
Samantha Lee, senior attorney at the Redfern Legal Center, who challenged the fine on behalf of Ms Kosciolek, said the victory could invalidate another 29,000 Covid fines in the state issued during the pandemic, even if they have been paid in full or in part.
The cancellation of a $3,000 fine from the Covid period could see thousands of other infringement notices declared invalid (generic image in the photo)
In handing down his sentence, NSW Supreme Court Justice Desmond Fagan said for the fine to stand it must clearly state the relevant government law to which it applies and the provision relating to the offence.
The violation imposed on Ms. Kosciolek did not meet this “minimum” standard and Ms. Lee believes that would apply with other Covid fines imposed.
In 2022, New South Wales had to recall and refund 33,121 fines after the New South Wales Supreme Court previously decided the penalties were worded too vaguely and without correspondence to a particular offence.
“We now have two Supreme Court judges confirming that for a sentence to be valid, it must contain the law or specify the offence,” Ms Lee said. news.com.au.
“So if anyone else with Covid fines looks at their actual penalty notice and it doesn’t contain the Act, we are of the view that all those fines are now invalid.”
Despite handing out previous massive refunds, NSW Fines Administration Commissioner Scott Johnston told state parliament’s Budget Estimates on Thursday that Revenue NSW will not automatically withdraw or refund the remainder of Covid fines issued.
He said each matter will be reviewed “on a case-by-case basis.”
Ms Lee called on Mr Johnston to pay all fines and said her center was prepared to pursue the matter.
“The commissioner is refusing to follow a Supreme Court ruling and do the right thing and give people their money back and remove these fines that don’t meet legal requirements,” he said.
New South Wales has already had to withdraw or refund more than 33,000 Covid fines due to a previous court ruling (generic image pictured)
‘We are giving the commissioner time to come to his senses and make the correct decision to withdraw these fines. If not, then watch this space.’
He said Redfern Legal Center would offer free legal advice to anyone who wanted their fines quashed or refunded.
There was also the option of submitting a review to Revenue NSW claiming the fine does not meet the minimum legal test and should be withdrawn.