More than 23,000 fines from the lockdowns during the pandemic will be withdrawn and repaid by the New South Wales government, valued by a legal firm at $15 million.
The announcement comes after more than 33,000 COVID-19 fines were already thrown out by the NSW Supreme Court after they were declared invalid in late 2022.
The campaign, led by Redfern Legal Centre and Maurice Blackburn Lawyers, will see people who have paid a withdrawn fine receive repayment, and comes after Maurice Blackburn notified the NSW Government this month of its intention to file a class action if Revenue NSW didn't withdraw and refund the remaining COVID fines.
"The goal has always been to seek justice for all people in NSW who were issued with an invalid fine," Supervising Solicitor at Redfern Legal Centre, Samantha Lee, said.
"The impact of COVID fines on marginalised communities and on children – was disproportionate, unreasonable, and unjust."
Ms Lee added: "Added to this was the unfairness of fines being unclear about what offence the person was alleged to have committed."
A report in May found disadvantaged and First Nations children in NSW were targeted by police during the COVID-19 pandemic, with fines up to $5000 being issued, pushing families into financial hardship.
Aboriginal Legal Service NSW/ACT chair Karly Warner, said at the time Aboriginal communities set the "gold standard" for caring for each other during the pandemic, yet Indigenous children "paid a higher price because of the Government's punitive approach to enforcing public health orders".
"Fines are an extension of the way Aboriginal children are criminalised and punished in NSW. It's time to reform the archaic and unjust fines system," she said.
In the aftermath of the lockdowns, a Dharriwaa Elders Group from Walgett in north-western NSW released a statement arguing the harm caused by NSW police in their COVID-19 response had damaged community-police relations.
"Police have a long history as an intimidating presence in Walgett, without a track record of building trust or communicating well with the local Aboriginal community," the statement said.
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Jennifer Kanis from Maurice Blackburn Lawyers said whilst they were pleased at the decision to withdraw the fines, it was only after the government was presented with a class action did they choose to do so.
"This case shows the strength of class actions in helping people achieve accountability for the injustices they've endured,' she said.
"When people are fined, they are entitled to know what offence they are alleged to have committed."
About $5.5 million will be refunded to individuals who have made full or partial payment of a Covid-19 fine, the Department of Customer Service said.
In 2021, footage emerged of then-police commissioner Mick Fuller telling officers they would not be held accountable for tickets they issued falsely during the COVID-19 Delta wave lockdowns.
The Department said whilst there was a "clearer explanation of the offences" for which they were issued than the 33,000 invalid ones previously withdrawn, they said "since receiving legal representations and further considering the descriptions in the remaining penalty notices it is appropriate to withdraw" the remaining fines.
"Ultimately, the Commissioner of Fines Administration considers the Covid-19 related penalty notices contained insufficient details which may render them technically deficient and place their validity in doubt," the Department said.
Commissioner of Fines Administration, Scott Johnston, said after representations were made to him and the Commissioner of Police about the "validity of Covid-19 penalty notices," he decided to exercise his statutory authority and withdraw the notices.
"Revenue NSW will be reaching out to all affected customers to support them through the finalisation of their matters," he said.
