Police tasked with enforcing social distancing and self-isolation measures

Police in New South Wales now have the power to fine people who disobey the social distancing rules and other measures introduced to stem the spread of COVID-19 (coronavirus).

The power to enforce these ministerial orders comes from amendments made to the NSW  Public Health Act 2010.

In summary, police can issue Penalty Infringement Notices (PINs) of $1,000.00 for individuals and $5,000.00 for corporations. These are in addition to existing enforcement powers that allow police to issue court attendance notices for offences with maximum penalties of fines of up to $11,000.00 and/or six months in gaol.

The amendments to the Public Health Act give police the power to issue on-the-spot fines to people or companies for breaching the social distancing and self-isolation rules, or for attending or organising a gathering of more than ten people, including parties in someone’s home. [Editor’s note: Immediately after this article was published, the federal government announced a further tightening of restrictions, limiting gatherings to two people.]

Weddings are limited to a total of five people and funerals to ten.

Initially it was announced that there would be a 30-minute limit on time spent at a hairdresser, but this rule has since been relaxed.

Police will also charge and prosecute anyone found to be profiteering from the onselling of essential items such as toilet paper, baby formula, hand sanitiser and medicines.

Additional police on patrol to enforce new measures

The NSW Police Commissioner Mick Fuller has announced there will be more police on patrol to enforce these measures, including police at shop checkouts to ensure public order is maintained.

Police in other states have also been enforcing state border travel restrictions and checking on people who are self-isolating.

Anecdotally police are gearing up for an increase in domestic violence offences, as well as theft and fraud-related offences.

Rising unemployment due to the closure of businesses may force some people to steal items of food or money to meet their daily needs.

Police can charge people for intentionally spreading coronavirus

Police could charge people for intentionally causing the spread of coronavirus. This is similar to other offences relating to the intentional transmission of other communicable diseases, most notably HIV-AIDS.

Section 79 of the Public Health Act relates to duties of persons in relation to sexually transmissible diseases or conditions:

A person who knows that he or she has a notifiable disease, or a scheduled medical condition, that is sexually transmissible is required to take reasonable precautions against spreading the disease or condition.

A notifiable disease or scheduled medical condition includes avian influenza, SARS, MERS and Novel Coronavirus 2019 (COVID-19). Penalties for this offence include a fine of up to $1,100.00 and/or six months in gaol.

In more serious instances police could also charge someone under  section 33 of the  Crimes Act 1900, where a person causes grievous bodily harm with intent to another person. The maximum penalty for this offence is up to 25 years in gaol.

Grievous bodily harm includes inflicting a grievous bodily disease. It would be open to the court to determine in the circumstances whether COVID-19 fitted this definition.

Police warn of emergence of coronavirus scams

Police have warned about a new risk posed by coronavirus scammers, both in person and online.

Overseas there have been reports of scammers pretending to be from the local council, health workers or members of a charity going door to door and being invited inside and stealing property or asking for donations. The elderly especially have been targeted.

As well there have been reports of online scams from fraudulent charities asking for donations, a fake coronavirus e-newsletter and scams targeting people working from home.

Police have reminded everyone to be extra vigilant to these scams. (Please see  Coronavirus scams to watch out for to read an overview of scams doing the rounds in the UK and  COVID-19 (coronavirus) scams for current information for Australia from the ACCC.)

What to do if you receive a penalty infringement notice for breaching a public health order

Police have the power to stop you and question you if they have a reasonable suspicion that you may have broken the law.

You are bound to give them your name and address, but you don’t have to say anything that may incriminate you. They can search you if they believe you may have something on you that is stolen or is illegal.

If they determine you have breached the public health orders, they will issue you with a penalty infringement notice. You can deal with it either by paying the fine before the due date, or by taking it to court and either pleading guilty with an explanation, or pleading not guilty and having the matter go to a defended hearing.

Be aware, though, that if you plead not guilty, defended hearings are not being listed in the Local Court for the foreseeable future – so it could be a long time before you get your day in court.

If you are fined or want to take your matter to court, contact us for advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mark Warren

Criminal law

Stacks Collins Thompson