Christopher Knaus reporting in The Guardian.
The court ruled Covid fines were not lawful if they did not properly spell out the offence that was alleged to have been committed or the relevant offence provisions.
The RLC is representing clients who are disputing Covid fines through the NSW local court. Their cases have been in limbo waiting for the NSW Supreme Court decision and the subsequent response from the state government.
On Wednesday morning, RLC senior solicitor Samantha Lee wrote to the NSW police’s office of general counsel, asking that “clarification be provided” on how fines currently before the court will be treated.
“It is clear from the judgment that all Covid fines are invalid because the fines do not meet the requirements as outlined in the judgment to ensure the fines are valid,” she wrote, according to correspondence seen by Guardian Australia. “For this reason, I request that clarification be provided as to whether the Covid fine elected matters before the Local Court will be withdrawn.”
In a statement, NSW police said it was still considering what to do about the fines that remained before the courts.
Lee said she was most concerned about those who could not afford or were not able to access legal representation to advise them on the validity of the infringements.
“People who have representation or legal advice may be able to contest the matters, but we’re more concerned about those who are not our clients, and are most vulnerable, and may not be able to contest these fines on their own,” Lee told Guardian Australia.
“That’s why it would be better if Revenue NSW and the police commissioner came out and said they’re withdrawing these fines.”
Read the full article here (13 April, 2023).
