Berejiklian ministers Hazzard and Dominello may have breached NSW Health Act prohibition on quarantine fee enforcement by having former NSW Police Commissioner Mick Fuller illegally impose quarantine fees using Revenue NSW

 by Ganesh Sahathevan 

                                                      

      Premier Gladys Berejiklian with NSW Police Commissioner Mick Fuller and Brigadier Mick                   Garraway


It has been previously reported that the former Berejiklian era ministers Brad Hazzard and Victor Dominello's COVID quarantine fee debt collection methods ignored the NSW Health Act requirement that their demand for the payment of quarantine fees be limited "to the person's means". 


It has then been reported on this blog  that while  NSW Police Commissioner Mick Fuller issued the notice of quarantine and imposition of quarantine fees, he appeared to do so without reference to the NSW Health Act. Rather he acted as if he was issuing a penalty notice that would be issued and enforced in the usual way by Revenue NSW. 

It does appear then that Hazzard and Dominello ignored  NSW Health Act in totality , including its  prohibition  on quarantine fee enforcement  for they like Fuller assumed that the fee was a matter under the purview of Revenue NSW, and its minister, one Victor Dominello. 

The question remains as to who  authorised Fuller to issue the quarantine notices in the form that they were issued.


TOE BREAD WITH 

Hazzard & Dominello's quarantine fee debt collection methods ignore legal requirement that demand is limited "to the person's means"- breach of law likely to involve Minister For Finance Damien Tudehope

October 22, 2021

 by Ganesh Sahathevan 


On 21 February 2021 the SMH quoting  NSW Minister For Finance and Small Business Damien Tudehope reported: 

The NSW government has called in debt collectors to chase $16.4 million owed by more than 7000 returning Australians for their stay in mandatory hotel quarantine in Sydney.

NSW Finance Minister Damien Tudehope said hotel quarantine was a key safeguard in fighting the COVID-19 pandemic and Australians returning from overseas or interstate needed to contribute to the cost.

"When it comes to paying your invoice for hotel quarantine, the message is a simple one - payment of your fee is not optional," Mr Tudehope said.

"Don't ignore it. If you are facing hardship or difficulty paying, contact us about making payment, entering into a payment plan, an extension to pay or other hardship measures."

Mr Tudehope said the bill was not just for the accommodation and food but also a contribution towards security, testing, cleaning, police, health personnel and other expenses.

As reported earlier on this blog, it was after a long delay that Minister for Revenue NSW, the Minister For Digital Victor Dominello's Revenue NSW has finally provided this explanation for Minister for Health Brad Hazzard's quarantine fee: 

Liability for the quarantine fees is provided for under section 70 of the Health Services Act 1997.  The fees were gazetted on 17 July 2020.  Revenue NSW is managing payment and recovery of the quarantine fees under the State Debt Recovery Act 2018.

Section 70 (1) provides that any person who receives any health service (other than a non-chargeable hospital service) from a public health organisation is liable to contribute towards the funds of the organisation, according to the person's means, such sum in respect of the health service (see story below).







Dominello, Hazzard and Tudehope have ignored repeated requests from this writer (who was quarantined for 14 days after arriving in Sydney by air) for an itemised invoice so it is impossible to say what Tudehope, Dominello and Hazzard are attempting to pass off as a "health service".


They had instead chosen to refer queries to their "internal debt collectors" who have threatened to issue statements of claim against anyone who seeks to question Dominello and Hazzard's demand. 

The demand, from their debt collectors, prefaced with threats of legal action are obviously in breach of the requirement in Section 70 (1) that any contribution to health services provided be according to the person's means.

TO BE READ WITH 








Dominello's Revenue says Hazzard relied on NSW Health Services Act to demand payment of quarantine fees- Act says Hazzard can only demand what a person can afford, Hazzard will still not say what "health services" he provided









October 22, 2021

 by Ganesh Sahathevan 




                                                      Brad Hazzard

                                                   
                                                    Victor Dominello


Minister for Revenue NSW, the Minister For Digital Victor Dominello's Revenue NSW has finally provided this explanation for Minister for Health Brad Hazzard's quarantine fee: 

Liability for the quarantine fees is provided for under section 70 of the Health Services Act 1997.  The fees were gazetted on 17 July 2020.  Revenue NSW is managing payment and recovery of the quarantine fees  under the State Debt Recovery Act 2018.

 


Section 70 states:



Liability of persons for health service fees

70 Liability of persons for health service fees

(cf PH Act s 30(1)-(5))

(1) Any person who receives any health service (other than a non-chargeable hospital service) from a public health organisation is liable to contribute towards the funds of the organisation, according to the person's means, such sum in respect of the health service as is calculated in accordance with the scale of fees fixed under section 69.


Hazzard and his NSW Health have refused to say what health services were provided to those sent into quarantine (without any notice of quarantine).

Note also that even if "health services" were provided, the liability is according to the person's means.

Readers will be aware that Dominello and Hazzard have hired private entities to collect their fees. 



TO BE READ WITH 



An invoice for a fee that is a penalty: Dominello's Revenue NSW will issue a statement of claim against anyone who seeks to challenge Hazzard's Quarantine Fee invoice





                    by Ganesh Sahathevan 

This writer has been informed in writing by  Minister for Digital Victor Dominello's Revenue NSW officers that anyone wishing to challenge Health Minister Brad Hazzard's  Quarantine Fee Invoice will be issued a statement of claim by Revenue NSW.

That turns what has been described as a fee for services provided anyone who is required to be quarantined into a penalty. The invoice issued by Ministers Hazzard and Dominello for quarantine fees has therefore become much like a penalty or fine for speeding or some other traffic infringement.

How NSW Health accounts for the above in its own books remains a mystery. 


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