A Dandenong magistrate has downgraded a series of “unjust” Covid fines of more than $20,000 against local businesses.
Among the cases on 7 October were a husband and wife slapped with a $27,261 infringement while cleaning up their severely flooded business in Keysborough in late 2021.
Industry Engagement and Enforcement Operation (IEEO) inspectors fined the pair for being unvaccinated in their Kosmos Carpets warehouse on 24 November.
Another facing a $20,000-plus fine was a Noble Park pizza shop which didn’t have a formal COVIDSafe plan, and a Dandenong South timber yard which disputed allegations it didn’t have proof of workers’ vaccination statuses.
Kosmos Carpets pleaded guilty to what its lawyer described as a “technical breach”.
The husband and wife were the only ones in the warehouse, had no other staff and their insurers wouldn’t provide cleaners to mop up the flood damage.
At that stage, Kosmos wasn’t operating due to Covid lockdown – so no sub-contractors were on site.
Magistrate Greg Connellan noted the clean-up was arguably grounds for a “reasonable excuse”. It would have been “dangerous” to have not removed the damaged carpet, he said.
Noting the “extraordinary circumstances”, he said the “substantial” $27,261 infringement would not be a just penalty even though it was set by the State.
He imposed a $1000 fine without conviction.
Meanwhile, Lumber Softwoods Timber Sales successfully argued for its charges to be dropped.
Its director told the court he had photos of his workers’ vaccination certificates on a phone but IEEO inspectors “didn’t want to look at it”.
Lei & Min Pty Ltd had its $21,800 infringement on 8 November downgraded to $1000 without conviction.
Its director argued that he mistakenly thought his takeaway pizza shop with two masked, vaccinated staff and a QR entry code was exempt from having a COVIDSafe plan.
Mr Connellan said it would be “unjust” to impose the full infringement on a small takeaway business.
He also dismissed the State prosecutor’s argument to add a further $5632 legal costs against it.
As of June 2022, more than 1100 Covid fines totalling $10.96 million were issued to businesses – an average of $9657.
Of them, just 125 – or less than 10 per cent – had been paid.
There were still 543 fines outstanding as of 6 June, 232 fines withdrawn and 235 being heard at court.
Most were for breaches of COVIDSafe plan requirements (364), followed by vaccination-related breaches (328), face masks (60), electronic record keeping (37) and 289 other breaches.
A Department of Justice and Community Safety spokesperson said Covid infringements for breaching public health orders remained active.
“(They) played an important role in keeping Victorian businesses, their workers and the community safe, and stopping the spread during the pandemic”.
“Breaches of public health restrictions by businesses had the potential to put staff, customers or the community at risk.”
The spokesperson said there were “many flexible options for those experiencing disadvantage or with special circumstances to deal with their fine”.
“We encourage people with outstanding fines to contact Fines Victoria”.
The options include requesting a review, applying for a Work and Development Permit, having the matter heard in court and applying for a special circumstance review.
