Backdown: planned class action forces NSW government to withdraw 23,000 invalid COVID fines

25 November 2024

Two years ago, the government withdrew around 33,000 fines after a test case brought by Redfern Legal Centre found they were invalid. The remaining 23,000 COVID fines will now be withdrawn, which Maurice Blackburn had valued at approximately $15 million.

The government has said that people who have paid a withdrawn fine will receive a repayment.

The win comes after Maurice Blackburn this month notified the NSW Government of its intention to file a class action if Revenue NSW did not withdraw and refund the remaining COVID fines.

Maurice Blackburn alleges the fines were improperly issued as they did not pass the “bare minimum” test established by the 2022 Supreme Court ruling in a case brought by Redfern Legal Centre: Beame; Els v Commissioner of Police & Ors [2023] NSWSC 347.

In that 2022 decision, the court ruled that fines are invalid if they do not include sufficient detail about the relevant Act and provision related to the offence.

In response, the NSW Government withdrew approximately 33,000 fines. However, despite ongoing requests, advocacy and legal action by Redfern Legal Centre asserting that the remaining fines had the same defect, the government refused to withdraw the remaining 23,000 fines.

This win is the culmination of years of advocacy by Redfern Legal Centre’s Police Accountability Practice against the heavy-handed criminal justice response to the pandemic and its discriminatory impact on marginalised people and communities.

These fines, typically ranging from $1000 to $5000, were disproportionately issued to socio-economically disadvantaged individuals, families and communities, especially in south-western and western Sydney, and western NSW.

Among those disproportionately issued fines were First Nations children, children with cognitive impairments, and children experiencing socio-economic challenges, homelessness and unsafe home environments.

Quotes attributable to Jennifer Kanis, Maurice Blackburn Lawyers

“We are pleased the New South Wales Government has agreed to withdraw and refund the remaining 23,000 invalid COVID fines.

“But it’s important to note that it was only after the Government was alerted to the prospect of a class action that it agreed to act.

“This case shows the strength of class actions in helping people achieve accountability for the injustices they’ve endured.

“Redfern Legal Centre have been tireless in advocating on this issue for a number of years, and we are pleased to bring Maurice Blackburn’s class actions expertise and knowledge to resolve the issue for thousands of people.

“When people are fined, they are entitled to know what offence they are alleged to have committed.

“We look forward to fines being issued fairly, transparently and in accordance with the law in the future.”

Quotes attributable to Samantha Lee, Supervising Solicitor, Redfern Legal Centre

“This outcome is the result of a significant and lengthy effort by Redfern Legal Centre, a team of dedicated counsel and Maurice Blackburn.

“The goal has always been to seek justice for all people in NSW who were issued with an invalid fine.

“The impact of COVID fines on marginalised communities and on children – was disproportionate, unreasonable, and unjust.

“Added to this was the unfairness of fines being unclear about what offence the person was alleged to have committed.

“This case is a significant win for accountability and will help make the fine system in NSW fairer, ensuring it abides by the rule of law.

“We now turn our attention to the unfairness of the fines system on children.

“Redfern Legal Centre and a coalition of other organisations is calling for immediate reform of the NSW fines system, which is oppressive, discriminatory and ineffective when used against children.”

Media enquires:
Paddy Murphy at Maurice Blackburn Lawyers, pmurphy@mauriceblackburn.com.au, 0490 297 391
Lauren Gillin at Redfern Legal Centre, lauren.gillin@rlc.org.au, 0493 315 023