Former NSW Police Commissioner Mick Fuller's COVID quarantine gymnastics may have left the newly minted PwC partner personally liable for the refund of COVID quarantine fees - Police Commissioners cannot have others pay their costs

 by Ganesh Sahathevan 

                                           

     

It has been previously revealed on this blog that former NSW  Police Commissioner Mick Fuller may have breached the law with his demand for quarantine fees (see story below)..

However,  having taken responsibility for ordering overseas arrivals into quarantine, Fuller then seems to have taken it upon himself to have the  Sydney Local Health District (SLHD) provide health services to the persons held in quarantine. Readers will recall that Revenue NSW issued orders for payment (pretending to be invoices) on behalf of the SLHD  to persons who had been held in quarantine, for health services they never requested.

It appears then that Fuller had requested SLHD provide the health services, but  then determined that his department and he would not foot the bill.



It surely cannot be the case that the Police Commissioner's powers include having others pay his bills and therefore, not only would the quarantine fees charged those held in quarantine be illegal, but liability for repayment may  fall on Fuller personally.


Procedurally fees would need to be refunded by SLHD and Revenue NSW, but then the NSW taxpayer would be entitled to reimbursement from Fuller. Fuller is now a partner at PwC.




Revenue NSW COVID Quarantine Fee payment demand notices suggest that Police Commissioner Mick Fuller breached the law with his demand for quarantine fees


July 31, 2023

 By Ganesh Sahathevan 


Anyone who has received a Revenue NSW Quarantine Fee demand for payment notice  will be familiar with these words that are contained in the notice:

What is the quarantine service fee?

A mandatory quarantine service fee applies to all travellers arriving in New South Wales (NSW) who are required to quarantine as part of the public health order. Mandatory quarantine is needed to stop the spread. of COVID-19 in NSW


The qurantine fee has been charged pursuant to Section 70 of  the NSW Health Act. However, as previously reported, that section does not permit any imposition of mandatory fees. 

However, in apparent defiance of Section 70 of the Health Act, Fuller issued a notice  in which he said  that Revenue NSW " will be charging a mandatory quarantine fee".




TOE BE READ WITH 


Former NSW Police Commissioner Mick Fuller said in his notice that Revenue NSW " will be charging a mandatory quarantine fee" - Former NSW Ministers Hazzard, Tudehope insisted that the quarantine fees charged by Sydney Local Health District, pursuant to the NSW Health Services Act

May 02, 2023

 by Ganesh Sahathevan 

                                                                 

                       Mick Fuller and his premier, Gladys Berejiklian

The former NSW Police Commissioner Mick Fuller said in his notice to returning air travellers that Revenue NSW " will be charging a mandatory quarantine fee"  for their hotel quarantine. 

On the other ,  former NSW Ministers  Hazzard, Tudehope  have insisted that the  quarantine fees are being  charged by  Sydney Local Health District, pursuant to the NSW Health Services Act (HSA). 

Tudehope did however insist that the fee included police and Army security (which are not provided for in the HSA) 

The HSA does not confer Revenue NSW with powers to provide or charge for health services. 


To Be Read With 

Damien Tudehope, NSW Minister for Finance using Health Services Act to recover costs that fall outside the Act; Dominello's Revenue NSW enforcing collection of costs under the guise quarantine fees


October 23, 2021

 by Ganesh Sahathevan 



                                  Tough talking Damien Tudehope may not have the power to impose the
                                  bulk of his quarantine fee, if any



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


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.



The imposition and collection of the fee is permitted pursuant the provisions of section 70 of the Health Services Act 1997, for the provision of health services(see article below).

Minister Tudehope however has made it clear that the bill was not just for the accommodation and food but also a contribution towards security, testing, cleaning, police, health personnel and other expenses.

It does seem as if Tudehope, by his own words, relies on Section 70 of the HSA to collect payment for a whole range of costs incurred by NSW Health, in whose name Revenue NSW issues the bill.

TO BE READ WITH 




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