Kosciolek v Commissioner of Police

In the case of Kosciolek v Commissioner of Police, the plaintiff sought judicial review of a penalty notice issued for breaching a COVID-19 public health order. The defendant, the Commissioner of Police, issued the penalty notice to the plaintiff. The dispute centred on whether the penalty notice met the legal requirements outlined in section 20 of the Fines Act 1996 (NSW), specifically regarding the specification of the offence on the notice. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue was whether the penalty notice was validly issued, given the statutory requirement that the offence be specified on the notice. A secondary issue was whether the court should issue a declaration and provide reasons when the notice was admitted to be invalid and subsequently withdrawn. The court had to consider the obligation of the Commissioner of Police to administer the law as interpreted by the Court and whether the public interest warranted a declaration and an explanation of the Court's reasons for invalidity.

The court held that the penalty notice was invalid as it did not specify the offence as required by the statute. It found that the Commissioner of Police was obligated to administer the law as interpreted by the Court. The court acknowledged the public interest in providing clarity and transparency, particularly in the context of public health orders during a pandemic. Consequently, it decided to make a declaration and give reasons for the invalidity of the notice despite it being withdrawn. This approach was taken to ensure legal certainty and to prevent similar issues in the future.

The court's final order was to declare the penalty notice invalid and to provide reasons for its decision. The court emphasised the importance of adhering to statutory requirements in issuing penalty notices and the need for clear communication of the grounds for any penalty imposed. The court's decision underscored the importance of precise compliance with legislative mandates in administrative actions, especially those impacting public health and safety.