Sitting in a park, riding a bike: Covid fines in NSW riddled with problems, legal centres say

The pair had no reason to think they were doing anything wrong. They were clearly exercising and had taken care to stay within 5km of their home in inner Sydney.

Determined to fight the fine, the pair engaged lawyers from Redfern Legal Centre and sought a review. Their first review was rejected.

Their second was made on the same grounds, but sent to a different part of government. The fines were withdrawn.

Pank filed two reviews and received wildly different responses. One suggested he was fined because he was away from his place of residence without reasonable excuse; the other that he had crossed into the City of Sydney from Newtown. The rules at the time allowed him to be 10km from his home for certain purposes, regardless of LGA.

Both reviews failed and Pank took his case to the NSW supreme court, along with two other plaintiffs, with the help of Redfern Legal Centre. The test case, if successful, could have consequences for tens of thousands of other NSW residents fined by police.

Within days of initiating proceedings, the fine against Pank was withdrawn. No reason was given to Pank.

Roughly 3,000 Covid fines have been issued to children aged 10-17 in NSW, most commonly for failing to comply with a direction under the public health act, and usually for amounts of $1,000. That includes children in out-of-home care, children with intellectual disabilities, with mental health conditions or who were experiencing interrupted schooling.

The fines are also having a significant impact on Indigenous Australians.

Data obtained by the Redfern Legal Centre, which shows a breakdown of enforcement across LGAs, shows areas with significant Indigenous communities have received the largest volume of fines per capita. That includes Brewarrina, Coonamble, Gilgandra, Moree Plains, Walgett, Bourke and Gunnedah.

The Aboriginal Legal Service NSW this week warned that some of its clients were having their driving licences cancelled, an action that had significant ramifications for an already disadvantaged cohort.

An alliance of community legal centres have repeatedly called for the state government to cease chasing debts, citing the impact on disadvantaged groups and the clear problems in enforcement. The state government has so far shown no willingness to change tact.

Roughly 45,000 fines issued in 2021-22 are now overdue, according to NSW government data, and the vast majority are being enforced.

The agency said it provides support for vulnerable customers and has a range of alternatives to payment, including, in some cases, a waiving of the debt. The agency employs a First Nations team, does not impose driving licence sanctions as a first course of action, and was proactively contacting vulnerable customers, including children, to discuss their fines.

Aaron has a message for people like him, who have received fines they believe are incorrect.

* Aaron is a pseudonym used to protect anonymity.