COVID-19, police powers and public health
Update: As of Friday 1st May 2020, the NSW Government will ease some lockdown laws, but advise that we should continue to be vigilant in keeping yourself and your family safe. The regulations will continue to change, so be sure to keep up to date by visiting the NSW Health website.
In this post we answer some questions about your rights and responsibilities for keeping yourself and your community safe during Covid-19.
We have all heard about the new social distancing and isolation laws and we all know that NSW police can now enforce these laws by administering fines. But how do these laws affect us? Here are some of the answer’s you might be looking for:
The COVID-19 virus has proven pretty contagious so the intent of the new laws is to keep us from spreading it to each other. The rule of thumb is to pretend like you might have the virus if you’re in contact with someone else, that means keep a good distance of at least 1.5 m away, cover your mouth with your elbow when you cough and wash your hands with soap and water when you get home. You cannot be fined for standing less than 1.5 m from others but it’s just a good idea to keep you and your community safe.
Of course we are also told to stay home but, when are we allowed to leave?
The new laws allow us to leave home if we have a ‘reasonable excuse’ to do so. Even if you have a ‘reasonable excuse’, gatherings must not be more than two people in a public space, unless they are within your own household, at a wedding (5 ppl max), funeral (10 ppl max), catch public transport, or at a hospital, court, care facility, supermarket or retail store. Remember that your care is considered a ‘premises’ so you must have a ‘reasonable excuse’ to be in your car in a public place and every person must meet the reasonable excuse test.
So what is a ‘reasonable excuse’?
If you need to get food or goods for yourself or your pets
If you cannot work from home and are travelling to and from work
If your children are at childcare, school or any educational institution, you can drop off or pick them up
If you are exercising, including if you are going for a walk.
For health care reasons such as medical care or supplies
To attend a wedding or funeral
If you are moving home or work, or if you are inspecting these premises
If you are providing care or assistance, including emergency assistance, to a vulnerable person
If you are donating blood
Undertaking legal obligations
Going to Centrelink or other services like domestic violence, mental health or victim’s support or other public services.
Children moving between parental households
Member of religious order going to place of worship or providing pastoral care
To escape or avoid injury, illness, risk or harm
For an emergency or compassionate reasons.
These conditions do not apply for people who are homeless.
What can I get in trouble for?
Police can issues $5000 fines for spitting or coughing at a public official intentionally if they are likely to fear the spread of COVID-19. Visit the fact sheet for a definition of ‘public official’.
It is an offence to not self isolate or quarantine yourself. If you are diagnosed with COVID-19, you must immediately self-isolate and not allow anyone to enter your home unless they live there. be sure to be medically cleared before you break isolation.
If you have returned from outside of Australia, you must isolate yourself for 14 days. You will be advised if you need to go to a quarantine or medical facility.
If you are stopped by police, you must provide them with your name and address. You do not need to give police the reason for being out of your residence, however, if you have a ‘reasonable excuse’, then it’s a good idea to cooperate.
If you are a child aged 10 older or an adult, you can be fined $1000 ($5000 for corporations) for breaching these conditions. Under some circumstances, police also have the power to arrest anyone they consider, on reasonable grounds, to be committing an offence. It is up to the police’s discretion if they want to issue a fine or not. If you are issued a fine, you can appeal, request a review or seek a reduction or waiver on financial grounds, or arrange instalments.
For more information, you can contact Law Access/Legal Aid NSW on 1300 888 529 or Aboriginal Legal Service on 1800 765 767
You can also contact your community legal centre.
For Glebe and Forest Lodge, your community legal centre is Redfern Legal Centre (RLC). Their number is 9698 7277.
RLC are providing support remotely during the COVID-19 outbreak. Go to their online contact form to get support (scroll a little way down for the form).
This information is sourced from the Redfern legal centre’s Factsheet no. 7
