COVID fines data reveals gaps in the data, problems with data collection and concerns with the internal review process.
Recently, the Crime Statistics Agency (CSA) released snapshot of COVID-19 related offences recorded between March and June 2020.
Where are the Internal Reviews?
Victoria Police has not released any data on the number internal reviews they have done, or if any fines have been withdrawn after an internal review. A joint request from Community Legal Centres (CLC) in Victoria for Victoria Police review data was refused.
CLCs have not seen any fines withdrawn on appeal, despite many of our clients having legitimate excuses. This is despite Victoria Police claiming that COVID-specific fines that do not pass “a common-sense test” would be withdrawn.
It is our experience that internal review applications have all been refused and the issuing of the fine has been confirmed, even when people were breaching unintentionally, or there was no breach at all.
Case study
Sara and Abdul* were driving home from work on Eastlink. They work together as cleaners at various sites around Melbourne. Their employer gave them a permit to continue working throughout the lock down.
They were pulled over by police on their way home, and asked for their permit and why they were traveling.
Abdul told police that they were on their way home from work, and showed the permit. The police officer said that as they were coworkers, they still needed to wear masks in the car. They were nervous but agreed to the statement, not thinking about explaining that there were married and lived together.
They each later received a fine in the mail for failing to wear a mask.
Breaking down the data
- The CSA states there were 6,050 alleged COVID-19 offences recorded, with approximately 5808 fines given out between March and June 2020.**
- There were 94 arrests.
- People aged between 20 – 24 years were highly represented in the data, and males committed 76% of alleged offences.
- There were 279 alleged offences associated with Aboriginal and Torres Strait islander peoples.
- One in three offences were committed between midnight and 6am.
- In Southern metropolitan Melbourne, including Dandenong, Casey and Cardinia, where Springvale Monash Legal Service services, 1,654 offences were recorded.
It is important to consider what reasons people may have for breaching the lockdown laws. This way we can shed light on the links between the time of the offence, an offender’s age, and how young people are policed.
Speaking English as a second language is a significant disadvantage when trying to navigate your way through extremely complex lockdown laws.
Problems with the data
The data lacks adequate information about how policing and COVID related offences are affecting various diaspora communities around Victoria.
‘Country of Birth’ data was collected, however significant issues arise when police collect country of birth data. It is often used alongside census data to reflect proportions of populations involved with the justice system in some way. However, data collection does not always engage with complex migration journey many Australians have experienced. For example, if you are born to Afghan parents in Pakistan, or South Sudanese parents in Ethiopia or Uganda, questions like ‘Where are you from?’, or ‘Where were you born?’ in a stressful police interaction may become difficult to answer.
Country of birth data can under-estimate a population by ignoring children born in other countries (including Australia). It can over-estimate a population by including children of migrants and refugees who are temporarily hosted in a country.
Getting help
COVID-19 has dramatically changed the way CLC’s engage with their communities. Social and economic barriers to justice exacerbated by the pandemic may be affecting people self-referring in to CLCs for COVID-19 related offences. Most CLCs are operating virtually, so please seek help if you can.
CLCs around Victoria, such as Inner Melbourne, Youth law, Flemington Kensington CLC, Barwon Community Legal Service, Fitzroy Community Legal Service, WEstjsutice and Northern Community Legal Service have been working hard to support people who have received COVID fines, as well as advocate for a fairer fines system.
If you, or someone you know has received a COVID fine, please contact SMLS or your local CLC for advice.
*Please note, SMLS changes people’s names and details have been altered in case studies in order to protect client confidentiality
**A Freedom of Information request from Victoria Police reveals 16,565 penalty notices were issued before 15 September 2020.
