e-Bulletin | July /August 2022

July was a big month for RLC, with two landmark cases filed in the Supreme Court of NSW. A class action was filed against NSW Police for invasive and unlawful strip searches, and an administrative law test case that will challenge legal deficiencies with COVID-19 fines.

If successful, both cases have the potential to impact many thousands of people and pave the way for legislative change. To support our work, donate to RLC. Together we can make change happen.

Katherine McKernan
CEO
Redfern Legal Centre

Support RLC: Donate today

Law reform news:
COVID fines

Test case launched in NSW Supreme Court

In July, RLC filed a case in the Supreme Court of New South Wales representing plaintiffs who seek to challenge the validity of their COVID-19 fines.

If successful, this case may set a precedent that could invalidate tens of thousands of similarly worded COVID-19 fines.

If a person is not provided with the details of the alleged offence for which they have been fined, it makes it exceedingly difficult to seek advice about review options or contest a fine in court.

There have been over 62,000 COVID-19 fines issued in NSW, amounting to a total value of $56,499,080. The majority of these fines remain unpaid, and have now reached enforcement stage.

For the majority of clients seen by RLC, we are of the view that they did not break the law, but that the law was applied incorrectly, and with internal fine review system processes providing little to no recourse.

COVID fines and children

Over 3,800 COVID-19 fines have been issued to children in NSW in the last financial year. Media outlets reported in July that, of these, 8% (around 307 children) were being resolved by a Work Development Order (WDO).

Dr Noam Peleg, senior lecturer at UNSW’s Faculty of Law & Justice described the idea of using WDOs on children to work off fines debt as "outrageous” and a potential breach of Australia's international obligations under the International Convention on the Rights of a Child.

READ MORE>

IN THE MEDIA

Lawyers push to waive COVID fines issued to children as young as 13 (ABC 730, 10 August 2022)

NSW government suggested children as young as 10 could work off $1,000 Covid fines (The Guardian, 21 July 2022)

Indigenous Australians losing driving licences and face crushing debts over NSW Covid fines, lawyers say (The Guardian, 20 July 2022)

COVID-19 fine withdrawn in test case that could see thousands more torn up (Sydney Morning Herald, 17 July 2022)

COVID fine: Rohan's story

One afternoon during the August 2021 lockdown, Rohan met up with his partner to exercise in a park two minutes away from his house.

After taking a lap around the park, the couple sat down to rest, being careful to sit far away from anybody else.

After sitting for a short while, the pair were approached by a group of police officers who asked why they were there.

The officers asked the couple if they were aware they were in breach of the Public Health Orders and told them they would each receive a $1000 fine. The officers then directed them to leave the park.

Rohan believed he had been abiding by the rules. The park was not in a designated 'area of concern', and the incident occurred at a time when outdoor exercise and recreation were permitted.

Rohan sought a review of his fine with Revenue NSW on two occasions but was unsuccessful.

Shortly after RLC's judicial review request was filed with the NSW Supreme Court, Rohan was informed by Revenue NSW that his fine had been cancelled. He was given no explanation for this decision.

This new decision about our client’s fine means that it may be possible that other fines similar in nature may also be cancelled. We encourage anyone who thinks they may have been fined unfairly to seek a review, even if they have previously had a review request rejected by Revenue NSW.

You can seek a review through Revenue NSW, or for confidential and free legal advice, contact:

your local community legal centre
Legal Aid
or contact Redfern Legal Centre (www.rlc.org.au/contact, phone 02 9698 7277)

Law reform news:
Landmark NSW Strip Search Class Action filed

On 21 July 2022, RLC and Slater and Gordon Lawyers issued a class action proceeding on behalf of people who have been invasively and unlawfully searched by police at festivals in NSW.

“With this class action, Redfern Legal Centre and Slater & Gordon are seeking compensation and redress for the significant numbers of people believed to have been unlawfully searched,” RLC police accountability solicitor, Samantha Lee said.

In just over a decade, police strip searches in NSW have jumped from less than 500 per year to over 5,000 searches per year. RLC does not believe this increase is justified.

This landmark action builds on RLC's 2018 Safe and Sound campaign, and findings of the Law Enforcement Conduct Commission (LECC) that the law is failing to provide clear guidance to police officers in relation to the legal threshold for conducting a strip search, with some officers unaware of the legal requirements governing strip searches of young people.

We urge anyone who has been subjected to an invasive police search at a NSW festival over the past six years to come forward and register for the class action.

Image: Splendour in the Grass, (Sniff Off, July 2022).

"Ultimately, we need legislative change to ensure safer policing and real change. Until that time, we are looking to the courts to clarify in what circumstances strip-searches are lawful,” Samantha Lee said.

Over 4000 strip searches conducted by NSW Police during COVID-19

In August, RLC released strip-search figures obtained under access to information laws which showed that throughout the COVID-19 pandemic, thousands of people were still being subjected to police strip searches, with Aboriginal and Torres Strait Islander people and children disproportionately targeted.

In just under a two-year period from 1 July 2020 to 24 May 2022, NSW Police conducted a total of 4,477 strip searches, including 108 children.

The proportion of Aboriginal and Torres Strait Islander people being strip searched was 9% (2020-21) and 11% (2021-24/5/22), while only comprising 3.4% of the NSW population.

First Nations children made up 18% of all children searched, but in some regional areas they were dramatically overrepresented. In Dubbo, more than 50% of people strip-searched were among First Nations people.

Dr Vicki Sentas, a lecturer at the University of NSW, told the Guardian that the response showed officers “misunderstand the legal purpose of strip-searches”.

The data showed nothing illegal was found in about 60% of searches conducted during the period.

“I was astounded by the high number of searches with very few people on the street,” RLC police accountability solicitor, Samantha Lee said. “It’s a clear indication the policy changes are not putting any brakes on this practice.”

READ MORE>

IN THE MEDIA

Data shows NSW police still using strip-search, including on children (ABC News Radio, 23 August 2022)

NSW police strip-searched more than 100 children as young as 13 in two-year period (The Guardian, 21 August 2022)

More than 100 children were strip-searched by NSW Police during the pandemic (7 News, 23 August 2022)

'Simply unacceptable': Dubbo tops the state for strip searches on Indigenous people (Daily Liberal, 24 August 2022)

Call for better solutions for victim-survivors

RLC has joined more than 70 organisations calling on NSW Government to remove requirement to prove injury in Victims Support applications.

The NSW Victims Support Scheme provides counselling and financial support to victim-survivors of violent crime in NSW. But in order to receive assistance for economic loss, a victim-survivor must prove:

that they were the victim of an “act of violence”, and
that they were injured as a result.

Consequently, when victim-survivors apply for some aspects of victims' support, they are required to lodge two separate forms of documentary evidence to prove injury.

This means victim-survivors have to repeat their story to multiple people, compounding their trauma. This creates a barrier to accessing support, which victim-survivors are entitled to and need.

We are calling on the NSW Government to remove the requirement to prove injury in Victims Support applications. Establishing an act of violence should be sufficient.

READ THE JOINT LETTER AND ADD YOUR NAME>

RLC Submission: Victims Rights and Support Act 2013 (NSW)

RLC has made a submission to the statutory review of the Victims Rights and Support Act 2013 (the Act), and made a joint submission as a member of the Economic Abuse Reference Group NSW. We also endorse the submission made by Women’s Legal Service NSW.

READ MORE>

Legal self-help:
Factsheets

Obtaining legal solutions to financial issues

RLC has updated its range of credit, debt and consumer law factsheets to help people to seek support or self-manage the resolution of financial problems.

The factsheets provide detailed information and tips, and offer links to services and resources that can assist.

Support for COVID-affected international students

Updated visa options were announced by Government during the pandemic to assist international students whose studies have been impacted by COVID-19.

Download our factsheets on:

Protest laws in NSW

NSW Parliament recently changed laws related to protest. Both the Crimes Act 1900 (NSW) and the Roads Act 1993 (NSW) have been amended so that it is now an offence to cause damage or disruption to major roads and major facilities.

It is now an offence to enter, trespass, climb on, jump from, or remain on, any part of any major bridges, tunnels and roads if that conduct:

causes damage to the major bridge, tunnel or road, or
seriously disrupts or obstructs vehicles or pedestrians attempting to use the major bridge, tunnel or road.

DOWNLOAD FACTSHEET>

More RLC factsheets are available at www.rlc.org.au

Resolving Financial Abuse Issues: Fringe Lenders

Fringe lenders market their products towards people who might have been knocked back by the banks because of a poor credit score, or people who just want money in a hurry with few questions asked.

Unfortunately, this makes fringe lending products, such as payday loans and Buy Now Pay Later arrangements, ideal tools of financial abuse.

This webinar covers the obligations of fringe lenders, recent updates to the law and strategies for negotiating remedies.

This is part of a series of webinars from RLC’s statewide Financial Abuse Service NSW. It includes updated content focused on the experience of our clients during the COVID-19 pandemic.

VIEW MORE WEBINARS>

Other news

Youpla-ACBF funeral benefit program announced

An estimated $4M in emergency relief will be made available to hundreds of Aboriginal families left without money to pay for their families’ funerals as a result of the collapse of insurer Youpla-ACBF in March 2022.

The interim scheme, announced by the Australian Government in July, will offer urgent assistance to families that need to pay for funerals now.

The announcement follows the nationwide 'Save Sorry Business' campaign that saw 140 organisations including RLC call on government to compensate victims through a remediation scheme and enable Aboriginal families the opportunity to provide a dignified burial for their loved ones.

Through the relief package, people who held policies with Youpla-ACBF as of 1 April 2020 will receive a payout for funeral expenses equal to the one they were originally promised by the company.

The support will be available until 30 November 2023, with the Government finalising the details of the program. Register for updates here.

RLC's Credit and Debt team and our First Nations Justice Unit have been engaging in community consultation and outreach to ensure local Aboriginal communities are aware of the changing circumstances, and are offered free legal advice and assistance.

READ MORE>

Download RLC's Youpla factsheet

Stolen Generations Reparations Scheme extended

Applications to the Stolen Generations Reparations Scheme have been extended to 30 June 2023. RLC can help you apply.

If you or another First Nations person are a surviving member of the Stolen Generations and were removed by, committed to, or otherwise came into the care of the New South Wales Aborigines Protection or Welfare Boards before June 1969, you may be eligible for assistance.