NSW Commissioner of Fines Administration withdraws COVID fines for lack of details, refuses to withdraw COVID hotel quarantine fees (which were in fact a fine) despite ministers Hazzard and Dominello refusing to provide details of the "fee"
by Ganesh Sahathevan
The NSW Commissioner of Fines Administration in consultation with the NSW Police Commissioner will withdraw all remaining 23,539 Covid-19 penalty notices. In late 2022 the Commissioner of Fines Administration exercised his statutory power to withdraw around 36,000 penalty notices in relation to four different Covid-19 related offences. This was on the basis that limited information contained in some penalty notices made it difficult for fine recipients to understand the nature of the offence and did not comply with the specificity requirement of the Fines Act 1996.The remaining 23,539 penalty notices were not withdrawn as part of this decision as they were formulated differently, with a clearer explanation of the offences for which they were issued.
This then brings us to the that other COVID fine, the hotel quarantine fine which former Premier Gladys Berejiklian, her Police Chief Mick Fuller administered which was for all intents and purposes a system of fines masquerading as a fee for service.
As reported previously,Berejikilian ministers Damien Tudehope , Brad Hazzard and Victor Dominello refused to issue itemised invoices for their so-called "quarantine fee"and Tudehope admitted that the Health Services Act was used as cover to charge for police and other security Berejiklian and Fuller ordered for quarantine hotels.
Commissioner of Fines Administration issuing garnishee orders to recover COVID quarantine fees adds to evidence that former Premier Gladys Berejiklian, her Police Chief Mick Fuller administered a system of fines masquerading as a fee for service -Berejikilian ministers Damien Tudehope , Brad Hazzard and Victor Dominello refused to issue itemised invoices for their so-called "quarantine fee", Tudehope admitted that the Health Services Act was used as cover to charge for police and other security Berejiklian and Fuller ordered for quarantine hotels
by Ganesh Sahathevan
Commissioner of Fines Administration issuing garnishee orders to recover COVID quarantine fees adds to evidence that fromer Premier Gladys Berejiklian, her Police Chief Mick Fuller administered a system of fines masquerading as a fee for service -Berejikilian ministers Damien Tudehope , Brad Hazzard and Victor Dominello refused to issue itemised invoices for their so-called "quarantine fee", Tudehope admitted that the Health Services Act was used as cover to charge forpolice and other security Berejiklian and Fuller ordered for quarantine hotels
Reported by the SMH in October 2023:
A 2021 investigation by the Ombudsman found Revenue NSW had unlawfully used an automated system to issue garnishee orders between 2016 and 2019, leaving financially vulnerable people unable to pay rent.
The agency’s spokesperson said all recent decisions to issue garnishee orders for outstanding quarantine fees had been made by an officer delegated by the Commissioner of Fines Administration.
TO BE READ WITH
Revenue NSW COVID Quarantine Fee payment demand notices suggest that Police Commissioner Mick Fuller breached the law with his demand for quarantine fees
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
by Ganesh Sahathevan
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
by Ganesh Sahathevan
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.
