Over 3,600 Children in Australian State Fined for COVID-19 Violations
Some fines were as high as $5,000, as noted in the report.
Legal advocacy groups are calling for reform of the New South Wales (NSW) fines system after 3,628 children received COVID-19 fines during the pandemic in the Australian state.
A 2024 report investigating children and COVID-19 fines in NSW found that the penalty notice regime used in NSW was deemed unsuitable for achieving public health outcomes for children.
Despite this, NSW Police defended their response due to the rapidly changing public health orders at the time that required enforcement to limit movement for all, regardless of age.
The Redfern Legal Centre, Public Interest Advocacy Centre, and Aboriginal Legal Service commissioned the research, which analyzed statistical data and interviews with lawyers and youth workers.
Despite the maximum fine for children found guilty of an offense in the NSW Children’s Court being $1,100, some fines reached as high as $5,000, according to the report.
“Children faced the same penalty notice fines as adults for almost all Public Health Order offenses, except for two age-based offenses related to face coverings,” the report stated.
The report highlighted the frequent changes in public health orders during the pandemic, with 266 orders issued between March 2020 and January 2022.
During the Delta wave of COVID-19, a new public health order was introduced or modified every 1.5 days, making it difficult for children to understand and leading to errors in policing decisions, as per the report.
According to one interviewee, some children were working off fines for infractions they may not have deserved in the first place.
Authors of the report found that children in socioeconomically disadvantaged areas were disproportionately policed during the pandemic.
Discussing these findings, Redfern Legal Centre’s CEO Camilla Pandolfini emphasized that fines are oppressive, discriminatory, and ineffective for children, calling for policy changes to prevent compounding disadvantage.
Police Note Serious Nature of COVID-19 Led to Rapid Orders
NSW Police spokesperson explained that compliance with public health orders was crucial for community safety, leading to enforcement actions regardless of age.
Meanwhile, report author Julia Quilter advocated for police to cease issuing fines to children and instead engage in diversionary and problem-solving approaches.
Aboriginal Legal Service’s CEO Karly Warner called for reform of the fines system, labeling it archaic and unjust, especially for marginalized children.
Public Interest Advocacy Centre’s CEO Jonathon Hunyor echoed the sentiment, emphasizing that burdening children with fines only amplifies existing disadvantages.
Police Faced Challenges During the COVID-19 Response: Inquiry
The Police Federation of Australia raised concerns about access to personal protective equipment during COVID-19, impacting police resources and community perceptions.
The Australian Federal Police noted the strain on frontline officers enforcing COVID-19 restrictions, with increased risks of virus transmission.
