More than half of the COVID-19 fines issued in New South Wales during the pandemic will be withdrawn after a court battle between a Sydney legal centre and the state government.
The NSW Supreme Court today heard two test cases brought by Redfern Legal Centre arguing the offence descriptions provided on the fine notices were too vague and therefore were legally invalid.
The Commissioner of Fines Administration's lawyer, David Kell SC, conceded the two notices did not "sufficiently state or describe the offences in general terms" nor did the fines "identify the offence-creating provision", ruling the fines invalid.
The government agreed to refund all money paid, withdraw their fines and pay the legal costs.
Shortly after the hearing, Revenue NSW announced 33,121 COVID-19-related fines would be withdrawn.
The total number of fines issued in NSW during the pandemic was 62,138.
The fines that have been withdrawn include the offence description "fail to comply with noticed direction in relation section 7/8/9" for both individuals and companies.
"Redfern Legal Centre has challenged penalty notices issued for contraventions of COVID-19 Public Health Orders on the technical basis that the notices do not provide a sufficiently detailed description of the offence committed and are therefore invalid," Revenue NSW said in a statement.
"The Commissioner of Fines Administration is able to independently review or withdraw penalty notices."
Revenue NSW said for NSW residents issued fines in that category, any consequences would be lifted.
"Where fines are withdrawn, all sanctions, including driver licence restrictions or garnishee order activity will be stopped," Revenue NSW said.
"Where a fine has been withdrawn and a customer has made a payment - either in part or in full - Revenue NSW will make contact to arrange a refund or credit the payment towards other outstanding debts."
The other 29,017 COVID-19 fines will still be required to be paid if they have not been already.
Redfern Legal Centre's acting principal solicitor Samantha Lee said "justice has been granted to three people who took on the NSW government regarding the validity of their COVID fines and won".
However, the legal centre is calling for penalty notices with the description "unlawfully participate in outdoor public gathering – area of concern - individual" should also be withdrawn by the government.
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