More than 23,000 COVID-19 Fines Withdrawn in NSW

People line up at the Histopath pre-departure COVID testing clinic at Sydney International airport in Sydney, Australia on Dec. 23, 2021. Jenny Evans/Getty Images

The New South Wales government will withdraw over 23,500 COVID-19 fines in the state for breaching public health orders during the pandemic.

These orders included rules on social distancing, indoor and outdoor gatherings, visitor numbers, masks, stay-at-home orders, and curfews in certain local government areas.

The NSW Commissioner of Fines Administration, in consultation with the NSW Police Commissioner, confirmed the withdrawal of the fines on Nov. 26.

The government explained that the public health orders were issued to “protect the community” during the height of the COVID-19 pandemic.

Legal Basis for Withdrawal

In late 2022, the commissioner exercised his statutory power to withdraw about 36,000 fines related to four COVID-19-related offences.

“This was on the basis that limited information contained in some penalty notices made it difficult for fine recipients to understand the nature of the offence and did not comply with the specificity requirement of the Fines Act 1996,” the NSW Department of Customer Service said.

“The remaining 23,539 penalty notices were not withdrawn as part of this decision as they were formulated differently, with a clearer explanation of the offences for which they were issued.”

Since receiving legal representation and considering the descriptions of the remaining penalty notices, the government decided it was appropriate to withdraw them.

The government explained the public health orders were issued in a “complex and rapidly changing environment” and required frequent revisions to manage the evolving public health situation.

“Ultimately, the Commissioner of Fines Administration considers the COVID-19 related penalty notices contained insufficient details which may render them technically deficient and place their validity in doubt,” the government said.

“This decision does not impact matters which are in the process of being considered by, or have already been finalised, by the courts.”

Refund Process

Commissioner of Fines Administration Scott Johnston said Revenue NSW would contact all affected customers to support them as their matters were finalised.

“Following representations made to the Commissioner of Police and myself concerning the validity of COVID-19 penalty notices, I have decided to exercise my statutory authority and withdraw these notices,” he added.

Responding to the news, One Nation Senator Malcolm Roberts said refunding and cancelling COVID-19 fines was insufficient.

“The people responsible for making the fines should be in jail,” he claimed on X.