Police have slapped NSW children with nearly 4000 fines for breaching COVID-19 rules during the pandemic, hundreds of which are being “worked off” through community work or mentoring and counselling programs.
Revenue NSW said 794 of the 3840 COVID-19 fines issued to children during the pandemic – about one in five – had been or were being “resolved” through work and development orders (WDOs), which allow people experiencing hardship to reduce their debt by other means.
Police enforcement of COVID-19 rules escalated in August 2021 in the midst of the Delta lockdown.Credit: Renee Nowytarger
Legal advocacy groups have mixed feelings about WDOs being used to reduce minors’ COVID fines. They say the option works for vulnerable people who can’t pay their debt but may contribute to more children being fined when they should just receive a caution or warning.
At present, 145 children are still paying off a total of 324 COVID-19 fines through WDOs, Revenue NSW told the Herald , reflecting the fact that some children received multiple fines for breaching public health orders.
Revenue NSW said WDOs were “entirely voluntary” and the vast majority of children aged 10 to 17 on the orders elected to undertake mentoring, educational or life skills courses, counselling or other treatment - rather than unpaid work.
Those who do undertake labour might volunteer at a community event, referee a sports match or assist at a canteen.
“Revenue NSW acknowledges it can be difficult for a young person to find a WDO sponsor or find activities which are suitable, which is why there is a range of options for resolution all tailored to each customer on a case-by-case basis,” a spokesperson said.
Last week The Guardian revealed the chief commissioner of state revenue had rejected a call from legal groups to waive COVID-19 fines for minors and replace them with cautions.
Jane Sanders, principal solicitor at the Shopfront Youth Legal Centre, said she had succeeded just once in having a penalty issued to a child - a 15-year-old with problems at home who was fined for breaking lockdown rules - withdrawn through the official review process.
Sanders said WDOs were “really good” at helping disadvantaged people reduce their debts, but she was concerned they also made authorities blasé about fining minors in the first place.
“I think it is encouraging these agencies to just write out fines without really thinking about the consequences or being accountable,” she said. “It seems that issuing a penalty notice is a first resort. Why are kids not entitled to a caution for these kinds of offences?”
Data obtained under freedom of information laws by the Redfern Legal Centre shows about half the COVID-19 fines issued to NSW children were for failing to wear or carry a face mask. The other half were mostly the “catch all” offence of failing to comply with a public health order - typically, being outside home without a reasonable excuse.
The same data shows that between July 1, 2021 and June 4, 2022, police issued minors with 3579 COVID fines and issued 2672 warnings under the Young Offenders Act - and 113 formal cautions.
Redfern Legal Centre senior solicitor Samantha Lee said COVID-19 fines should never have been issued to children in the first place. “Kids should be in school, not working off fines,” she said.
“We’re of the view that many fines out there have not been issued according to law. We could have these children on WDOs … who were issued the fine unlawfully anyway.
“They [WDOs] sound like a good solution. But a lot of these kids are from low socio-economic areas and most likely quite vulnerable. It requires compliance. They have to turn up at a certain time, at a certain place. It’s just not suitable for a lot of kids whose lives may be a little bit more fragile.”
The government has been determined to chase payment for tens of thousands of fines issued for breaching COVID rules, some of which are now being challenged in court.
Last week the Herald reported on the case of Rohan Pank, whose $1000 fine for sitting in a park during lockdown was withdrawn after he filed papers in the Supreme Court.
Revenue NSW said of the nearly 4000 fines issued to minors, only 17 were unresolved. More than 90 per cent had been paid, written off or withdrawn, and the rest were being resolved through WDOs.
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