The Law Society of NSW welcomes the decision by the Commissioner of Fines Administration to withdraw the remaining 23,539 fines issued during the pandemic in relation to alleged breaches of COVID era public health orders (PHOs).

This decision, taken in consultation with the Commissioner of Police, is unambiguously good news for those affected, and importantly, consistent with good public administration and the rule of law.

The Law Society and other legal stakeholders, have long advocated for the withdrawal of PHO fines, especially those imposed on children and other vulnerable cohorts.

We note that this decision does not apply to matters ‘in the process of being considered by, or have already been finalised, by the courts’. To the extent that any of those matters have resulted or may result in fines or convictions, against vulnerable people including children and young people, the Law Society urges their withdrawal.

Indeed, the authors of a recent study, Children and COVID-19 Fines in NSW: Impacts and Lessons for the Future Use of Penalty Notices found that COVID-19 fines were ‘disproportionately issued in areas of socio-economic disadvantage’ and ‘children who had not previously had criminal justice system contact found themselves in the sights of the police’.

The Law Society recognises that the pandemic presented an unprecedented challenge of enormous complexity to the Government and law enforcement authorities to contain the spread of the COVID-19 virus. This decision recognises that those whose role it is to enforce the law, must do so within the requirements of the law.

MEDIA CONTACT:
Damien Smith | Director, Media and Public Relations
The Law Society of New South Wales
M: +61 417 788 947 | E: Damien.Smith@lawsociety.com.au