Covid fines could be scrapped due to government error

Victorians penalised over Covid breaches could have their fines scrapped after questions were raised about the ability of the state’s authorised officers to hand out the punishments.

The Department of Justice and Community Safety is reportedly investigating amid concern over whether dozens of authorised officers had the power to issue fines.

It means the government may be forced to scrap the fines, which could be deemed unlawful.

Retired police were among those hired under a recruitment drive in late 2020 to help with the state’s Covid response, with authorised officers being given powers to detain, move on, arrest and fine members of the public during the pandemic.

But the Herald Sun has been told that the officers’ powers were not properly gazetted and fines issued by them could be torn up.

Senior government sources told the publication up to 40 recently appointed officers were embroiled in the embarrassing blunder.

Of those, it is understood two dozen didn’t issue a single fine in their first three weeks of work.

But an investigation has begun reviewing the movements of more than a dozen other officers.

“They haven’t been declared as authorised officers. They don’t have the gazetted powers,” a source said.

“They’ve been discharging the powers of authorised officers when they don’t have those powers.”

Pandemic orders have been enforced through spot checks by Victoria Police and use of pandemic and public health risk powers by Authorised Officers.

Fines of up to $909 can be issued to adults for refusing or failing to comply with a pandemic order.

Those caught not wearing a mask can also be fined $100,

According to crime statistics released last year, almost 40,000 fines had been handed out for breaches of the chief health officer’s directions in 2020.

It brought Victoria’s total bill for Covid infringements to at least $61.9m at a standard amount of $1652 per fine.

That number is estimated to have doubled or tripled since the statistics were released early last year, as unrest in the state increased with dozens of political protests and people defying mask-wearing and lockdown restrictions in late 2021.

A spokeswoman from the Department of Justice and Community Safety confirmed a review was under way.

“We are currently reviewing our administrative processes relating to the appointment of a small number of authorised officers and the issuing of some enforcement outcomes under the Public Health and Wellbeing Act,” she said.

“If the review were to identify any issues, the department would then work to confirm whether any enforcement outcomes are affected.”