The Law Society of NSW welcomes the decision by the Commissioner of Fines Administration to withdraw the remaining 23,539 fines issued during the pandemic in relation to alleged breaches of COVID era public health orders (PHOs).
This decision, taken in consultation with the Commissioner of Police, is unambiguously good news for those affected, and importantly, consistent with good public administration and the rule of law.
The Law Society and other legal stakeholders, have long advocated for the withdrawal of PHO fines, especially those imposed on children and other vulnerable cohorts.
We note that this decision does not apply to matters 'in the process of being considered by, or have already been finalised, by the courts'. To the extent that any of those matters have resulted or may result in fines or convictions, against vulnerable people including children and young people, the Law Society urges their withdrawal.
The Law Society recognises that the pandemic presented an unprecedented challenge of enormous complexity to the Government and law enforcement authorities to contain the spread of the COVID-19 virus. This decision recognises that those whose role it is to enforce the law, must do so within the requirements of the law.
