Hundreds of Australians have been slapped with heavy fines for breaching coronavirus rules in recent weeks, with police clamping down hard on restrictions around people unnecessarily leaving home or gathering in groups.
But several well-publicised fines have been overturned after they were issued.
Police and politicians are encouraging citizens to dob in people doing the wrong thing, but lawyers and critics have argued the laws around Australia are confusing and may not stand up to court challenges.
Sydney criminal lawyer, Annabel Wurth, has set up a new legal service called COVID Rights, aiming to help people who come into contact with police over the coronavirus rules, and give advice to people confused by the restrictions.
“Most people never have to think about criminal law, so people are anxious to do the right thing. But overnight, acts that everyone was doing before have been criminalised,” she told 10 daily.
There is a finite list of ‘reasonable’ excuses to go outside – shopping for essentials, work and school, exercise, or obtaining medical care, being chief among them – but Samantha Lee, police accountability solicitor at Redfern Legal Centre, said there were still limits on how police could enforce the rules.
“If you are approached by police, it is best to be cooperative but ask police why you have been approached. Police are legally required to provide you reasons, and still need to meet legal thresholds,” she said.
It is also important to know that there is no obligation to provide police with your ID, unless you have been found to have committed an offense.”
Coronavirus fines can be disputed in much the same way as a speeding fine or a parking fine – either through a written explanation, asking for a review, or in court. Further for NSW specifically, a person issued with a fine can request a review of their penalty notice by contacting Revenue NSW.
Read the full article here (10 Daily, 13 April 2020)
