NSW to withdraw remaining Covid-19 fines

Around $5.5 million in total will be refunded to individuals who have made full or partial payment of a Covid-19 fine.

Revenue NSW will begin contacting customers affected by this decision over the coming days.

During the height of the Covid-19 pandemic Public Health Orders were put in place to protect the community, with NSW Police as the principal issuing authority and Revenue NSW responsible for the collection and administration of fines.

In late 2022 the Commissioner of Fines Administration exercised his statutory power to withdraw around 36,000 penalty notices in relation to four different Covid-19 related offences.

This was on the basis that limited information contained in some penalty notices made it difficult for fine recipients to understand the nature of the offence and did not comply with the specificity requirement of the Fines Act 1996.

The remaining 23,539 penalty notices were not withdrawn as part of this decision as they were formulated differently, with a clearer explanation of the offences for which they were issued.

However, since receiving legal representations and further considering the descriptions in the remaining penalty notices it is appropriate to withdraw the notices for these 23,539 Covid-19 fines.

The Covid-19 public health orders were issued in a complex and rapidly changing environment and necessarily underwent frequent revisions to manage the evolving public health situation.

Ultimately, the Commissioner of Fines Administration considers the Covid-19 related penalty notices contained insufficient details which may render them technically deficient and place their validity in doubt.

This decision does not impact matters which are in the process of being considered by, or have already been finalised, by the courts.

Quotes attributable to Commissioner of Fines Administration Scott Johnston:

“Following representations made to the Commissioner of Police and myself concerning the validity of Covid-19 penalty notices, I have decided to exercise my statutory authority and withdraw these notices.”

“Revenue NSW will be reaching out to all affected customers to support them through the finalisation of their matters.”