Almost 3,000 children in NSW hit with fines of up to $5,000 for minor Covid rule breaches

Almost 3,000 children have been hit with hefty fines of up to $5,000 for minor Covid breaches in New South Wales, prompting a furious response from legal groups, who say the punishments are crushing disadvantaged families.

Data obtained by the Redfern Legal Centre under freedom of information shows fines worth $2.1m have been issued to 2,844 children aged 10-17 since the middle of last year.

More than half the children received a fine of $1,000. Seventeen children were fined $5,000 and 39 were fined $3,000.

The penalty amounts, she said, were disproportionately hurting those from disadvantaged areas, causing both financial burden and stress.

The most common breach resulting in a fine was failing to comply with a direction under the public health act, which Lee said was a catch-all offence used to fine people who had, for example, sat on a park bench but not breached a gathering rule, sat alone in their car, gone to the shop with another member of their household, or walked on the street without a valid reason.

More than 1,500 fines were issued for that offence, accounting for $1.59m of the fines.

Other breaches included not wearing a mask, not complying with curfews, not carrying identification outside greater Sydney, and not complying with restrictions on outdoor gatherings.

Lee said fines for such breaches should only be issued as a last resort. Even where they were issued, fines for children in NSW were significantly higher than other states.

In Victoria, the maximum penalty for Covid-19 fines is $4,181 for children under 15 and $726.96 for children aged 15-18.

The Redfern Legal Centre, the Aboriginal Legal Service (NSW/ACT) and the Public Interest Advocacy Centre are calling on the NSW government to revoke the fines and issue cautions instead.

Acting chief executive of ALS NSW/ACT, Nadine Miles, said the data reveals a failure by police to exercise discretion.

She said fines were issued disproportionately in Indigenous communities.

Tudehope said everyone was entitled to request a review of their fines through Revenue NSW.

But Chief executive of the Public Interest Advocacy Centre, Jonathon Hunyor, said the fines were setting children up to fail.