“These new orders are very confusing… it makes me really worried in terms of how police might be interpreting them,” RLC solicitor Sam Lee said.
“NSW has around seven different orders to navigate, but in summary those orders require people to have a reasonable excuse to leave their house, to not gather in public places and for certain types of businesses to be closed. It’s not a complete lockdown, and that probably creates more confusion because there are so many different variations to these orders.”
“These new public health orders are a new way or ‘in’ to stop and search individuals, and no doubt they’re being used to stop and search those who are already being policed in different states and territories.
Many of the newly drafted NSW laws leave a lot open to interpretation."
“If you have breached the general public health orders, the on-the-spot fines range from $1000 to $1600 in some jurisdictions, now that’s higher than some speeding fines, and again it leaves a lot open to the discretion of police to enforce these hefty fines.”
“These laws haven’t extended any of the police’s general powers,” Ms Lee said. "The obligation for police to prove reasonable suspicion and to meet reasonable suspicion remains."
Listen to the interview here (Let’s Talk 98.9FM, 22 April 2020)
