Key Points
- Revenue NSW announcedthey would withdraw the 33,121 fines after the NSW Supreme Court ruling.
- The Aboriginal Legal Service are contesting a remaining 29,000 fines.
- Aboriginal communities in far-west of NSW make up the top five highest-fined locations.
Following an announcement that the NSW Government would withdraw over 30,000 covid fines, The Aboriginal Legal Service has called on it to cancel the remaining penalties.
On Tuesday, the Supreme Court found that two fines were invalid due to not meeting the requirements under section 20 of the fines act, throwing the legality of thousands more into question.
Revenue NSW confirmed that they would withdraw the 33,121 fines in a statement after the ruling.
“Where fines are withdrawn, all sanctions, including driver licence restrictions or garnishee order activity will be stopped," it said.
“Where a fine has been withdrawn and a customer has made a payment - either in part or in full - Revenue NSW will make contact to arrange a refund or credit the payment towards other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.”
ALS CEO Karly Warner told NITV that it was a huge win for the people of New South Wales.
New South Wales Aboriginal Legal Service CEO Karly Warner says the state government must cancel the remaining covid fines. Source: NITV / NITV News
'These fines cannot stand'
While the ALS are hoping the remaining 29,017 covid fines are also cancelled, Revenue NSW said people “will still be required to be paid if not already resolved and are not affected by this decision.”
Ms Warner said the state government “must cancel all remaining COVID fines”.
“We've been telling the government there's a problem since the first lockdown, and now it's clear that these fines cannot stand," she said.
“How many more people does the government plan to drag through the courts, adding to the court backlog before accepting that all COVID fines must be cancelled?
"The people of New South Wales deserve a fairer fine system."
Disproportionate fining of Aboriginal communities
It was revealed in February that regional communities with high Aboriginal populations topped the COVID fines per capita list.
Far-west communities of Walgett, Brewarrina, Wilcannia, Coonamble and Bourke were the top five locations.
Miss Warner said the fines have disproportionately affected Aboriginal people.
“It is clear from the top 10 areas for COVID fines per capita, that low-income regions with high Aboriginal populations [are] the target," said Ms Warner.
“Fines are inherently a blunt and unequal tool for enforcing the law and the government needs to stop relying on them.
"They aren't means tested and always impose a heavier financial burden on people who are already marginalized.”
The remote New South Wales town of Wilcannia is one of the communities that has been hit hard with covid fines. Source: NITV / NITV News
