Report in Sydney Criminal Lawyers.
On 14 July 2022, three plaintiffs, Rohan Pank, Brenden Beame and Teal Els, filed challenges in the Supreme Court of New South Wales against penalty notices (a form of fines) issued to them for allegedly failing to comply with a public health order.
The challenges were based on the fact the fines were not sufficiently particularised; in other words, the conduct alleged was not specific enough to meet the requirements of the Fines Act 1996 (NSW) as they merely recorded:
- “Fail to comply with noticed direction in relation section 7/8/9 – COVID-19 – individual” (for Rohan Pank and Brenden Beame), and
- “Unlawfully participate in outdoor public gathering – area of concern – individual” (for Teal Els).
The actions were filed after Revenue NSW refused to withdraw the fines after a review.
On Thursday, 6 April 2023, Supreme Court Justice Dina Yehia SC delivered just that in the decision of Beame; Els v Commissioner of Police & Ors [2023] NSWSC 347.
Her Honour made clear that the penalty notices issued to the remaining plaintiffs did not comply with the Fines Act.
Read the full article here (8 April, 2023).
