e-Bulletin | November/December 2021
Calls for COVID fines reprieve
As the year draws to a close, RLC's final e-bulletin for 2021 highlights calls from the legal profession to take action on unjust COVID-19 fines over the holiday season. We also prepare for the welcome return of international students to NSW, with a comprehensive resource to support returning students transitioning back into full-time study. RLC relies on generous donors to support the work we do. These holidays, why not give the gift of social justice, by donating to RLC? Our expanded range of RLC merch also makes the perfect gift!
Over $2.1M in COVID fines issued to childrenThis week, RLC released NSW Police data showing that just over $2.1 million dollars in COVID fines have been issued to children aged 10-17 years, since 1 July last year. The data has prompted Redfern Legal Centre (RLC), Aboriginal Legal Service (NSW/ACT) (ALS), and Public Interest Advocacy Centre (PIAC) to make statements calling on government to cancel all COVID-19 fines issued to children. In September, RLC, ALS, PIAC and Community Legal Centres NSW sent an open letter signed by over 100 members of the legal
profession, calling on government to revoke unlawfully issued COVID-19 fines ('We cannot fine our way out of the pandemic'.) In the media Almost 3,000
children in NSW hit with fines of up to $5,000 for minor Covid rule breaches (The Guardian, 16 December 2021)
Call for immediate pause on enforcement of COVID-19 fines over the holidays
Earlier this month, a coalition of 33 civil society organisations, including RLC, ALS and PIAC, issued an open letter to government expressing grave concerns about the impact of COVID-19 fines on people already experiencing hardship. The call comes after statistics obtained by RLC revealed that almost 50,000 COVID-19 fines were issued between July-September 2021, one-third of which
remain unpaid, and with 99% escalated to enforcement stage. The letter calls on NSW Finance Minister Damien Tudehope and Attorney General Mark Speakman to introduce an immediate four-month pause on enforcement action. "The data RLC has uncovered clearly shows that a significant number of people are struggling to resolve their fines, many of which we believe have been wrongly issued," RLC CEO, Joanna Shulman said.
"We are asking for a reprieve over the holiday period to give people additional time needed to seek advice and obtain a fair and just resolution of their fines." READ MORE> See also Open letter: Civil society organisations call for an immediate pause on the enforcement of COVID-19 fines
Wrongfully issued COVID fine: James story James* is a social worker who works with COVID-19 patients in the health system. In August 2021, James was running by himself in a park, 2 km from his home, not in an area of concern. James sat down after his run to make a phone call. Three officers entered the park and walked towards James in a manner he found intimidating. The police told James they were issuing him a fine, and gave him a move-on direction to leave the park.
James received a $1,000 fine and lodged a review request with Revenue NSW, but was told the fine still stood. James has elected to take the matter to court. RLC believes the fine was issued unlawfully and has provided James with further assistance regarding Court representation. * Name has been changed.
Splendour in the Grass strip search class action investigationIn November, RLC and Slater and Gordon Lawyers announced a class action investigation into NSW Police activity at Splendour in the Grass festival, where hundreds of festival-goers are believed to have been unlawfully searched. Anyone searched by NSW Police at Splendour in the Grass since 2016 – including those asked to lift or remove clothing during a search, or who had police peer into their trousers or look under their tops – is being urged to immediately register at www.slatergordon.com.au/splendour
to find out our how this potential case might affect them. Registration is free and confidential.
This unprecedented legal action builds on Redfern Legal Centre’s Safe and Sound campaign to reform strip search law in NSW, and aims to seek significant compensation for people who have been unlawfully searched by NSW Police. RLC's campaign to reform strip search legislation has already made significant inroads in helping to change NSW police guidelines and policies around strip searches.
The announcement is part of a larger investigation launched in 2020 by RLC and Slater and Gordon into NSW Police strip searches over the last six years. “This ground-breaking class action will seek redress for the many people subjected to invasive and traumatic searches," RLC Principal Solicitor Alexis Godstone said. "We also hope this test case will pave the way for a series of cases focusing on other locations or music festivals, and importantly, help stop unlawful police searches in NSW.”
READ MORE>
In the media Potential class action over NSW Police strip searches focuses on Splendour in the Grass (The Guardian, 16 November 2021).
Webinars and other resources
After 18 months of disruption to face-to-face study, RLC's International Student Legal Service NSW is thrilled to be welcoming back international students to our shores this month. To support the return of international students, RLC has created a comprehensive information pack to provide students with
access to information to support the transition into full-time study in NSW.
RLC's Welcome Back guide includes information on important topics like employment, tenancy, and healthcare, key organisational contacts and much more. The free resource will be made available to education providers across the state and distributed to students via RLC's International Legal Service NSW. It can also be accessed via RLC's website. READ MORE>
This free webinar, delivered by RLC Police Accountability Solicitor Sophie Leaver, covers a broad range of issues connected with police street powers, including move on directions, identity requests, personal searches, strip searches and seizing property. It also examines how to make police complaints and potential compensation claims. The webinar also includes example scenarios illustrating how police safeguards operate, and how this may impact a person's ability to seek compensation or challenge a wrongfully issued fine or police direction. WATCH WEBINAR> VIEW RLC's FULL TRAINING CALENDAR>
Social housing repairs and policyIn November, RLC's tenancy team released two webinars for community workers, focused primarily on public and social housing. The first examined repairs in NSW public housing and private rentals. For tenants in social housing or private rental, there are always repairs that need doing. But tenants may not know their rights or may feel nervous requesting repairs. This webinar provides comprehensive tips for advocates working with public and private housing tenants. This recording is available free to RLC training program subscribers and eligible concession holders here.
The second was an Introduction to Social Housing Law & Policy which provides an overview of law and policy in public and community housing. This recording is available free to RLC training program subscribers and eligible concession holders here. VIEW RLC's FULL TRAINING CALENDAR>
Kids in NSW slapped with over $2.1 million in COVID-19 fines (Nine News, 16 December 2021) 3000 children hit with $2.1m in Covid fines (News.com.au, 16 December 2021) NSW Police collect over $2 million from Covid-related fines against children (Daily Mail, 16 December 2021) Unfair Covid fines causing hardship and should not be enforced, advocates say (The Guardian, 7 December 2021) More than 7000 people challenge COVID-19 fines, but most fail (Sydney Morning Herald, 5
December 2021) New research links policing at festivals to ‘panic overdoses’ of drugs (The Industry Observer, 19 November 2021) ‘Ground-breaking’ class action launched against NSW Police (Lawyers Weekly, 17 November 2021) Lawyers behind Splendour In The Grass police searches class action detail investigation (NME, 17 November 2021) Class action investigation launched into police strip searches at Splendour in the Grass (SBS News, 16 November 2021) Cops face music festival stripsearch lawsuit (Daily Telegraph, 16
November 2021) NSW Police face stripsearch lawsuit from Splendour in the Grass attendees (The Australian, 16 November 2021)
New bill aims to end the removal of First Nations’ children (Green Left, 3 November 2021) Nearly 35,000 fines issued for COVID-19 breaches by NSW Police - but they’re not all legitimate (Seven News, 16 October 2021) NSW Police drop 22 of 34,000 COVID fines (The West Australian, 15 October 2021) Police charged 59 kids, one aged 13, in two-week lockdown blitz (Sydney Morning Herald, 10 October 2021) ‘Ridiculous’: NSW police accused of handing out unfair Covid fines and targeting young people (The
Guardian, 6 October 2021) Sydney news: COVID fines for July and August dwarf the total for all of 2020 (ABC News, 28 September 2021) Legal experts lobby Premier for less punitive approach to COVID-19 (The Age, 16 September 2021) Police blitz nets 22,000 fines in 3 1/2 weeks. But did it help? (Sydney Morning Herald, 12 September 2021) More RLC in the Media>
If you or your client need free and confidential migration advice about student visa issues, contact us at www.rlc.org.au/contact or phone 02 9698 7645.
Position vacant: Solicitor | General Practice
An exciting opportunity for a general practice solicitor to join our team! RLC is seeking a part-time solicitor to support people experiencing vulnerability, with a focus on providing urgent and drop-in assistance. Applications close: 11.59pm Sunday 9 January 2022.
APPLY NOW>
Expressions of interest: Family Law Practical Legal Training
RLC is seeking a Practical Legal Trainee (PLT) with an interest in family law to volunteer with RLC’s Financial Abuse Service NSW. Applications close: 11.59pm Monday 24 January 2022. APPLY NOW>
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