About 500 children aged under 15 were fined a total of $20,000 for not wearing or carrying a mask in New South Wales in the past 12 months, including 34 who remain in an unpaid work and development scheme to reduce their debts.
The state government has faced sustained criticism for its pursuit of children over Covid rule breaches, particularly given the confusing and shifting nature of public health orders and the disproportionate impact Covid fines are having on the most disadvantaged.
Figures obtained by the Redfern Legal Centre show the state issued 493 fines to children aged 15 or under for failing to wear a mask, worth a total of $19,720, in the past financial year.
About 84 of those had been paid and 390 remained outstanding as of 8 July. More up-to-date figures provided by the government late on Thursday showed 501 fines were issued in the financial year, 147 of which had been paid, and 295 of which had been withdrawn or waived.
An alliance of community legal centres have repeatedly urged the NSW government to replace fines issued to children with cautions. They have warned the fines are significantly affecting vulnerable children, who have neither the capacity to pay or understand the enforcement system.
The NSW government has refused the request, instead suggesting that children could be placed on work and development orders (WDOs) – a scheme allowing individuals to use unpaid work, education, courses, or counselling to reduce their fines.
The suggestion, made in private correspondence revealed by the Guardian, prompted an angry response from community legal centres, who say fines for Covid breaches should not have been issued to children in the first place.
Revenue NSW confirmed late on Thursday that WDOs were being used for children fined for mask offences.
It said 34 of the 501 fines issued to children for the offence were still outstanding. All 34 were being paid off using a WDO, which Revenue NSW argues is a voluntary process designed to aid those without the financial means to pay back fines.
Of the 147 fines that had been paid back in full, 44 had been fully paid via a WDO. The rest were resolved via normal payment.
No fines have been issued to children under the age of 13.
Redfern Legal Centre senior solicitor Samantha Lee said the pandemic had shown the state’s fine enforcement system was “unduly harsh” on children.
“A warning or caution should be a first port of call for any child alleged to have committed a summary offence,” Lee said. “The NSW fine system basically treats children the same way as adults, which is unjust and sets children up for failure.”
Lee said the legal centre’s casework on Covid fines, which includes a NSW supreme court challenge to the legality of fines in three test cases, showed that many of the penalties were not issued according to law. That is because the “law was rapidly changing and no one, not even police, were able to keep up with the law”, she said.
“We also know the majority of fines were issued to those from low socioeconomic areas,” Lee said. “It was a hard and confusing time for children to live through. It’s time for the government to show compassion and withdraw these fines.”
Revenue NSW said it was committed to striking the right balance between “helping resolve fines and ensuring hardship is not experienced by customers”.
Fines were reviewed by a senior police officer before being referred to Revenue NSW, a spokesperson said, and young people had the ability to request their fines be reviewed.
“Revenue NSW considers withdrawing or cautioning fines on a case-by-case basis, having regard to the Public Health Order at the time and may do so in consultation with issuing authorities,” the spokesperson said. “Revenue NSW cannot comment on decisions made by issuing authorities.”
A total of 3,840 fines had been issued to children or teenagers under 18, and 91% of them had been resolved in some way. About 8% were subject to WDOs.
The Aboriginal Legal Service has also warned of the significant impact Covid fine enforcement was having on Indigenous communities. Indigenous Australians were having their licences suspended for non-payment, the ALS said, including young people who were left unable to obtain their learner licences.
ncG1vNJzZmhqZGy7psPSmqmorZ6Zwamx1qippZxemLyue8eemKWsmGK7psPSaKWsr12ewLTBxJ1kbmhhYrOqusSsZK2nXZi1qrjDq5ynZaWjsaa%2BjGpsZqGeYr2iv9NmsJ6ZomKzsL6Mp6atZaearrO1zaBkqKpdmK6zvtiipaBlnZbArHnNnq5mq5%2Bqwal51pqjnqtf