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Should I contest a lockdown fine?

Tougher fines for Victorians during State of Disaster


On Sunday 2nd August, the Victorian Premier announced a State of Disaster and detailed the impact of Stage 4 restrictions on Victorians in metropolitan Melbourne and Stage 3 restrictions on regional Victoria. The new Stage 4 restrictions include a night-time curfew, limit to one hour of exercise a day, a ban on being more than 5 kilometres away from home and a massive reduction to business operations.

Spot Checks

With these new Stage 4 rules come tougher penalties for breaches, especially for those who have been asked to self-isolate. Penalties for those who are infected with COVID-19 and are flouting the rules, can carry up to $20,000 in fines. Authorities are bolstering their manpower to monitor the restrictions and make regular house and road checks. According to published reports, an additional 500 Australian Defence Force troops will be joined by 750 Victoria Police officers, plus 300 extra health officials, for widespread checks across the state.

Masks

The Chief Health Officer has mandated that all Victorians wear a mask or face covering when they leave their home. For those who do not comply can receive a fine for $200. However, there are a number of exceptions such as when doing a physical activity where you are out of breath, for infants and children under 12 years of age, a person who suffers from a relevant medical condition (both physical or mental), and some nominated occupations.

Workplaces

From Wednesday 5th August, employees in approved industries will need to carry a ‘Worker Permit’ completed by an employer if they are required to attend a physical place of work like an office or factory. Due to the 8pm-5am curfew, law enforcement officers are able to carry out checks on public transport and monitor foot traffic.

The Police are also conducting checks on businesses to ensure they are adhering to the Chief Health Officer’s directives. There are significant penalties for businesses not following the restriction guidelines.

Reduced travel

There are fewer COVID-19 cases in regional Victoria allowing those areas to have less stringent Stage 3 restrictions. Travel between metropolitan Melbourne and regional Victoria is heavily monitored to ensure that rules are being adhered to. Travel to other parts of the State is only allowed for permitted reasons. Those caught trying to get through check points and roadblocks with misleading information may be subject to large fines.

If you were fined based upon insufficient or unreliable evidence, you might be able to contest your fine. You can ask the Police to review your fine. It is recommended that you seek legal advice before you contact the Police to try and persuade them to withdraw the fine.

Call De Kretser Law now on 1800 800 LAW to discuss your fine with an experienced criminal lawyer.


#lockdownfines #covid19restrictions

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