The Australian government has implemented further restrictions to slow the spread of Covid-19 in light of several reports demonstrating the nations continued disregard and disobedience.
The Prime Minister has announced the following restrictions which will take effect from Midnight tonight:
- Seniors 70 years and older are urged to self-isolate and limit interactions with the public;
- Outdoor gatherings are now limited to only two people, however, this is exclusive of members of a household. This may include being in your backyard, indoor gatherings etc.
The circumstances in which you may leave your house include:
- Exercise;
- Education;
- Shopping for necessities; and
- Work.
These restrictions are now enforceable in NSW amongst other states working together with the federal government to maintain a strict stance on flatting the curve.
Section 7 of the Public Health Act 2010 (NSW) (“PHA”) gives the Minister the power to give directions or orders to reduce or remove any risk to public health. Under these powers, the NSW Premier has announced that these new restrictions will be enforceable in addition to the current restrictions by way of Penalty Infringement Notices for $1,000 and even six months imprisonment for repeat offenders.
There have been many cases to date where individuals are being fined for not abiding with self-isolation directions, social distancing directions and keeping businesses open that were directed to shut.
A recent example reported by the Police allegedly involves a 30-year old male who returned to Sydney on March 18 after flying in from overseas. The male was subject to self-isolation for 14 days and was issued with an outstanding warrant for which bail conditions required that he obey the isolation directions. The male breached this direction on 28 March and was given a fine of $1,000.
On the same evening, the male was later found in Sydney’s CBD where police arrested him for disobeying section 7 of the PHA which is an offence under section 10 of the PHA.
Section 10 states that it is an offence not to comply with Ministerial direction and a person who is subject to a direction and has notice of this direction must not, without reasonable excuse, fail to comply with the direction. Maximum penalties for individuals are a fine of $11,000 or imprisonment for 6 months or both. For continuing offences, a fine of $5,500 may be imposed for each day the offence continues.
The male was granted conditional bail and was ordered to complete isolation in a serviced apartment. The police allege that the male attempted to leave the accommodation and was arrested for failing to comply with these directions. The male was refused bail and is due to appear in court today.
Although the rates of infection are slowing in NSW, the government is maintaining its stance that more needs to be done to continue to flatten the curve because the reality is, it only takes one person to spread this contagious disease for our infection rates and death tolls to sky rocket. The government is firm about harsh penalties being imposed on offenders who are recklessly putting the community at risk of harm. This serves purposes of not only acting as a deterrent for specific offenders committing these offences but as a general deterrent to the community and denunciation of these types of offences.
If you have been charged with a criminal offence, give Pannu Lawyers a call to speak to one of our experienced criminal lawyers on (02) 9920 1787 to find out how we can assist with your case. Some of our staff are working remotely and have the resources to facilitate telephone and skype conferences to ensure we do our part in flattening the curve whilst delivering quality legal services to those in need.
