THE STORY
We are social creatures who cannot cope unless we are in a public environment. The days of eating out, spending a day at the beach, catching up with our friends or eating a kebab to feels like such a distant memory due to the new Coronavirus (COVID-19) laws.
In recent weeks, a man who was eating a kebab on a park bench has received a fine of $1,000 for breaching the new social distancing laws. Breaching these new social distancing laws are just as harsh as resisting arrest as the fine for resisting arrest is $1,100.
The young 21-year-old man was cautioned by police officers twice. On the third occasion, two New South Wales Police officers fined the young man for failing to comply with directions. To read the full story click here.
These fines have not stopped here. Recently, police officers have given fines to a 32-year old woman and a 27-year-old man for sitting in their car without “a reasonable excuse not be at home”. Another man was fined after he was involved in a minor car accident and allegedly told police that he had left his home in order to visit his drug dealer.
This pandemic continues where two young men who were allegedly loitering were both issued with infringement notices. Non-essential businesses have also been fined for continuing to operate. Specifically, a 57-year-old woman who ran a remedial massage business has been issued a fine of $5,000 for failing to comply with the shutdown orders.
The penalties for not obeying the new social distancing laws have brought our communities to a complete stop. The New South Wales Police can you give you an on-the-spot fine of $1,000 for an individual or $5,000 for a corporation.
If your charges are dealt by the court, the court can give you a punishment of $11,000 and/or six months in prison. In Victoria, police can issues on the spot fines up to $1,652 and up to $19,800 if dealt with by the court. Fines for body corporates are $100,000.
THE LAW
New South Wales Police officers also have the power to arrest you if you contravene the public health order that relates to Covid-19. Section 71A of the Public Health Act 2010 states the following:
“A police officer may arrest a person if the police officer suspects on reasonable grounds that the person is contravening a public health order relating to the COVID-19 pandemic.
(2) On being arrested, the person may be returned to—
(a) the person’s home or usual place of residence, or
(b) the place specified in the public health order that the person has been ordered to reside, or
(c) if the person is a public health detainee, the person’s place of detention”.
The new social distancing laws are a result of the Global pandemic of the COVID-19. Here, in Australia, the Government has issued an order, which deals with directions from the Minister about the public health risk of COVID-19 and its possible consequences. This order directs that a person must not, without reasonable excuse, leave the person’s place of residence.
The list of what is defined as a reasonable excuse can be found here.
HAVE YOU BEEN CHARGED?
Have you been charged with not obeying the law? Have you been fined for a matter where you think its just too harsh? Contact our office and speak to one of our extremely friendly staff who will help you understand the charges, penalties and the law. Our team of highly qualified criminal law experts will be able to help you understand the process and explore the possible defences for you!
Our staff are here to negotiate with the police to have the charges dropped and proceed to a defendant hearing. Here at National Criminal Lawyers we ensure that the justice has been served! We have over 80% of defendant hearings won and 94% no conviction record. If you or know someone who has been charged with a criminal offence call our office now and we will explore the possible defences for you! Our office is opened 24/7 and offer a first free consultation. Contact our office on phone, email, or facebook.