In an announcement on its web site, the NSW Local Court mentioned it’s reviewing the circumstances that may be impacted by the Supreme Court resolution.
“On 6 April 2023, the Supreme Court published its reasons for judgment in the case of Beame; Els v Commissioner of Police & Ors [2023] NSWSC 347,” the assertion reads.
“The judgment relates to penalty notices issued for certain offences under the Public Health Act 2010.
“Work is at the moment underway to find out if or how circumstances within the Local Court could also be affected by the choice.”
In the test case, the Supreme Court found the penalties issued to people not complying with lockdown orders or social distancing measures weren’t specific enough to be considered valid fines, as they did not adhere to the legal definition of a fine or penalty notice.
There are currently a little more than 29,000 COVID-19 fines in NSW that have not been withdrawn.
Following the April 6 decision, the Redfern Legal Centre urged the state government to withdraw those penalty notices.
This judgment calls into disrepute all remaining COVID-19 fines because the fines do not meet the legal requirements of a valid penalty notice,” Samantha Lee, Redfern Legal Centre’s police accountability solicitor, mentioned on the time.
“The government must now do the right thing and withdraw all COVID-19 fines that were issued – including those offences which individuals elected to take to court and any work and development orders – and reimburse fines already paid.
“This case just isn’t about COVID-19 or about public well being orders. It is about guaranteeing the rule of legislation is adhered to even in a time of disaster.”
Source: www.9news.com.au
