Penalties in NSW for Not Complying with Social Distancing? Is this enforced?

DaDollarz on 07/04/2020 - 18:24
Last edited 07/04/2020 - 21:07

Hi guys,

In NSW individuals would be given fines of $1,000 and corporations would be hit with fines of $5,000 for breaches for new social distancing measures that have been implemented with exception for the following:

  • obtaining food or other goods or services for the personal needs of the household or
    other household purposes (including for pets) and for vulnerable persons
  • travelling for the purposes of work if the person cannot work from the person’s place of residence
  • travelling for the purposes of attending childcare (including picking up or dropping another person at childcare)
  • travelling for the purposes of facilitating attendance at a school or other educational institution if the person attending the school or institution cannot learn from the person’s place of residence
  • exercising
  • obtaining medical care or supplies or health supplies or fulfilling carer’s
    responsibilities
  • attending a wedding or a funeral in the circumstances referred to in clause 6(2)(d) and (e) or 7(1)(h)
  • moving to a new place of residence (including a business moving to new premises) or between different places of residence of the person or inspecting a potential new place of residence
  • providing care or assistance (including personal care) to a vulnerable person or providing emergency assistance
  • donating blood
  • undertaking any legal obligations
  • accessing public services (whether provided by Government, a private provider or a non-Government organisation), including—
    (a) social services, and
    (b) employment services, and
    (c) domestic violence services, and
    (d) mental health services, and
    (e) services provided to victims (including as victims of crime)
  • for children who do not live in the same household as their parents or siblings or one of their parents or siblings—continuing existing arrangements for access to, and contact between, parents and children or siblings
  • for a person who is a priest, minister of religion or member of a religious order— going to the person’s place of worship or providing pastoral care to another person
  • avoiding injury or illness or to escape a risk of harm
  • for emergencies or compassionate reasons

To back these measures, apparently there will be increased police patrols in the community and random checks based on tipoffs through the Crime Stoppers hotline.

My questions is - have you seen this being enforced?

I know quite a few people that continue to live life as per normal (visiting friends and family, going to the shops regularly).

Edited 7/04/20 @ 9.06pm: Updated information on exemptions in NSW

General Discussion

Comments

    • DaDollarz on 07/04/2020 - 18:56
      +1

      Thanks for sharing - I've asked the questions because I'm a part time frontline healthcare worker and notice when I do go out for work people are out for non-essential reasons and I wonder if this is being enforced.

      • Hybroid on 07/04/2020 - 19:09

        I've mentioned this a couple of times, but it seems this week many people have gone back to normal for some reason. The CBD is suprisingly busy throughout the day and plenty people around in stark contrast to last week. Not sure what's changed, either fed up of sitting at home or feel they're OK now been isolating for 2 weeks.

        It's being enforced but definitely not everyone or on a regular basis right now. That may change.

        • DaDollarz on 07/04/2020 - 19:21

          Also noticed the same as I drive through the CBD to get to work.

          The people that seemed to be getting fined are those in obvious violation - drinking in public, eating on a bench or two people loitering at night.

          It seems to me it is only being enforced for glaringly obvious violations - but I think if police were to ask a few basic questions to those people in the CBD a lot of them couldn't justify their activities as 'essential'.

  • spackbace on 07/04/2020 - 18:25
    +4

    Only have to take 1 look at the news to see that yes, people are getting fined

  • saintpotter on 07/04/2020 - 18:26
    +4

    Its like drink driving - some people do it but not everyone gets caught.

    Yes they are enforced. It's all over the news.

    • DaDollarz on 07/04/2020 - 19:02

      Yes that seems to be what I've observed too. I've noticed the cases of people being charged for violating social distancing are people who are very clearly and conspicuously in public for non-essential reasons.

      I wonder in cases such as:
      - A car full of people driving
      - People shopping at shopping centres doing non-essential shopping
      - Stopping someone while driving, checking a driver's license and seeing how far they are form home and why

      I wonder if the police are discerning social distancing in situations like this?

      • SnoozeAndLose on 07/04/2020 - 19:31
        +1

        A car full of people driving

        Can come from the same household so won't get fined

        People shopping at shopping centres doing non-essential shopping

        PM said if the shop is open then it is essential,do shopping in a not so essential shop still classified as essential

        Stopping someone while driving, checking a driver's license and seeing how far they are form home and why

        They can go as fast as they want. I.e. living in Blue mountain and going to Costco. You cant judge people base on the distance away from home, PM or police didn't draw a line how far they can go, just when they justified themself when police approach them.

        Also different people have different common sense, it can be quiet high or low.

        • DaDollarz on 07/04/2020 - 19:43

          Look point taken… But I think if no line has been drawn on how far they can go and if there are grey areas and loop holes in the law…then these laws are redundant.

  • JimmyF on 07/04/2020 - 18:30

    My questions is - have you seen this being enforced?

    Take your head out of the sand and read the news, yes its being enforced.

    • DaDollarz on 07/04/2020 - 19:23
      +1

      My head isn't in the sand and I do see the news - but what I see for myself when I go outside to go to work is quite inconsistent to what the government has mandated to be "social distancing".

  • Tee Rex Arms on 07/04/2020 - 18:33
    +1

    It’s like fishing, do you catch every single fish when you wet the line?

  • kerfuffle on 07/04/2020 - 18:34
    +2

    I know quite a few people that continue to live life as per normal (visiting friends and family, going to the shops regularly).

    Let's hope they get caught then!

    • DaDollarz on 07/04/2020 - 19:50
      -1

      How would they get caught though? Besides a neighbour snitching on them.

      • kerfuffle on 07/04/2020 - 20:02

        Wrong place at wrong time … much rather like getting done for drink driving or speeding

  • Ocker on 07/04/2020 - 18:41
    -2

    Welcome to Victoria where Comrade Dan has found a new way of balancing the State budget.
    Evey day he boasts how many $1,653 fines have been issued for the likes of people not visiting their nearest Coles store to buy what they want. The fact my nearest Coles store has sold out of my product is not a defence.

    • kahn on 07/04/2020 - 18:50
      +1

      Your favourite product is toilet paper?

      • Ocker on 07/04/2020 - 18:57
        +1

        Actually dunny paper is not a problem any more, but try to buy flour and that is a different issue. Go figure!

        • BewareOfThe Dog on 07/04/2020 - 19:17

          Panic buying - People knew they could make Bread, Cakes, Pizzas and pasta at home.

          I heard the shortage now is packaging. I assume the companes are mainly supplying bakereries etc with the 20-25kg bags as a priority.

  • p1 ama on 07/04/2020 - 19:20
    +2

    There's been quite a lot of news about this, but overall, I don't think the enforcement has been very effective. It seems that a lot of the news is just outrage over very silly fines whilst there are much more heinous acts are not going unpunished.

    For example, in my group of work colleagues, we still regularly see the following:

    (1) People hanging out in parks and gardens.

    (2) People walking to get takeaway food in groups larger than 2 people.

    (3) People still going shopping - e.g. Chadstone carpark is still pretty full.

    There are plenty of other examples of people breaking social distancing rules, but it seems that this has been going under the radar. This isn't to mention that the laws are actually very confusing and there is not sufficient guidance on what is and isn't allowed. I suspect that many of these fines will be challenged in court and will probably not be upheld. E.g. the fine for that girl who went out for a driving lesson. Overall, I think the enforcement strategy has been a shambles and not enough is being done to deal with the serial offenders.

    • DaDollarz on 07/04/2020 - 19:49

      Yes - I agree with everything you have said. The law seems to enforced in very obvious cases but not so much in the types of instances you have listed in your comment.

      The cases that have been reported on the news seem to be a drop in the ocean of the social distancing violations we see every time we go out.

    • cauilfield on 07/04/2020 - 20:18

      (3) People still going shopping - e.g. Chadstone carpark is still pretty full. <<
      What's wrong with chadstone, David Jones, Coles, Kmart, Chemists are all essential businesses.

      • p1 ama on 07/04/2020 - 20:37
        +1

        Plenty of non-essential shops are open. People are clearly not more than 1.5-2m away from others at all times…etc.

        • cauilfield on 08/04/2020 - 14:06

          but Dan Andrews said if the shops are open, then they are essential

  • elgrande on 07/04/2020 - 20:04
    +1

    There are more than 4 exceptions in NSW, there are 16. Check schedule 1 of the Gazette.

    • DaDollarz on 07/04/2020 - 20:16
      +1

      Yes as follows:

      • 1 obtaining food or other goods or services for the personal needs of the household or
        other household purposes (including for pets) and for vulnerable persons
      • 2 travelling for the purposes of work if the person cannot work from the person’s place of residence
      • 3 travelling for the purposes of attending childcare (including picking up or dropping another person at childcare)
      • 4 travelling for the purposes of facilitating attendance at a school or other educational institution if the person attending the school or institution cannot learn from the person’s place of residence
      • 5 exercising
      • 6 obtaining medical care or supplies or health supplies or fulfilling carer’s
        responsibilities
      • 7 attending a wedding or a funeral in the circumstances referred to in clause 6(2)(d) and (e) or 7(1)(h)
      • 8 moving to a new place of residence (including a business moving to new premises) or between different places of residence of the person or inspecting a potential new place of residence
      • 9 providing care or assistance (including personal care) to a vulnerable person or providing emergency assistance
      • 10 donating blood
      • 11 undertaking any legal obligations
      • 12 accessing public services (whether provided by Government, a private provider or a non-Government organisation), including—
        (a) social services, and
        (b) employment services, and
        (c) domestic violence services, and
        (d) mental health services, and
        (e) services provided to victims (including as victims of crime)
      • 13 for children who do not live in the same household as their parents or siblings or one of their parents or siblings—continuing existing arrangements for access to, and contact between, parents and children or siblings
      • 14 for a person who is a priest, minister of religion or member of a religious order— going to the person’s place of worship or providing pastoral care to another person
      • 15 avoiding injury or illness or to escape a risk of harm
      • 16 for emergencies or compassionate reasons
  • whooah1979 on 07/04/2020 - 20:10

    Can a worker drive another worker to work if they work at a the same work place?

    • mubd1234 on 07/04/2020 - 20:17

      Yeah, it counts as a work gathering. Just get them to sit in the back and open the windows if you can.

      • whooah1979 on 07/04/2020 - 20:26

        They are company vehicles and all 3 seaters.

        • mubd1234 on 07/04/2020 - 20:57

          Nah that's ok still. You are exempted for work reasons.

  • mubd1234 on 07/04/2020 - 20:22
    +1

    Yes, people are getting fined.

    However, enforcement in NSW appears to be taking a very light touch compared to some of the stories you're heading out of Victoria.

    It seems that the only people in NSW getting slapped with fines are belligerent idiots who have been pulled up for other reasons and acting like a goose to police officers. The extremely small number of fines issued in NSW seems to reflect this.

    • DaDollarz on 07/04/2020 - 21:08

      Agreed - I wonder how things will be this easter long weekend

      • elgrande on 07/04/2020 - 22:20

        I'm suspecting roadside stops similar to breath testing but instead they ask where are you going.

        • SnoozeAndLose on 07/04/2020 - 23:09

          Breath test has been suspended because it putting risk on the police.

  • Trying2SaveABuck on 07/04/2020 - 21:20

    Death by snoo snoo?

  • Donaldhump on 07/04/2020 - 21:34

    I’d love to go on a road trip over Easter, best loop hole would be to get invited to a wedding somewhere remote.

    • mubd1234 on 07/04/2020 - 21:48

      Print your own dodgy fake funeral invites and pack a tux in your bag.

      But seriously, stay home please.

    • Brendoo on 08/04/2020 - 12:26

      You’d have to be the groom, celebrant, priest or witness. That’s the only way a bloke can get into a wedding nowadays.

  • ozhunter on 08/04/2020 - 03:22

    https://www.theguardian.com/australia-news/2020/apr/07/austr…

    NSW and VIC seem to have it the worst.

    SA and NT have it good for having guests over in that the gathering must be less than 10.

    • whooah1979 on 08/04/2020 - 05:25

      Can I give someone a lift to work, even if they don’t live with me?

      NSW – Yes you can drive a colleague to work with you, however, it is unclear if you can leave the house to drive someone to their job if you do not also work there. If they can not drive themselves this is likely covered under “care”.* You can only take one passenger or anyone who is part of your household.

  • Lurk Hartog on 08/04/2020 - 09:09

    "I know quite a few people that continue to live life as per normal (visiting friends and family, going to the shops regularly)."

    You can report them to crimestoppers. The police can only act on what they stumble across or what is reported to them.

    • ozhunter on 08/04/2020 - 14:29

      You can visit friends in some states. Is there an actual limit on how many times you can go to the shop? How about getting take out every day?

  • Brendoo on 08/04/2020 - 12:21

    Most definitely being enforced. And in the lead up to Easter the Police are stepping it up a notch in particular for anyone who tries to drive out of town for non-essential travel, such as a long weekend away.

  • LV-426 on 08/04/2020 - 12:21

    My biggest current question is ‘exercise’.
    Does that mean tennis?
    Does that mean shooting hoops by yourself?
    Does that mean I can ride a bike only around the block?
    So personal trainer in the park is ok if 1 on 1? Even if it’s not a park near you?

    It seems to be quite broad and from what I can gather [from various levels of interpretation] it seems to be ok as long as only in your neighbourhood. But what if there are no courts close to your house?
    Can you not go to your regular [non local courts] to play or risk being dobbed in?

    They want us to keep sane and exercise our bodies when possible yet seemingly telling you only when you can and what you can and can’t do.. is it being kept purposely vague so they can fine?

    TL;DR - exercise seems purposely vague and not specific. So how are you meant to enjoy it if you don’t know if you will get in trouble doing it

  • OzHunterNSW on 08/04/2020 - 17:22

    I've got neighbours with friends over all the time… parties till 3am…. where are the cops?

    • TEER3X on 08/04/2020 - 17:25

      Sounds like you should've acted before the pandemic, no excuse not to act now.

    • Lurk Hartog on 08/04/2020 - 18:50
      +1

      Did you call them? Do you expect police to magically know when parties are taking place?

  • DaDollarz on 09/04/2020 - 20:21

    for those interested in this topic 151 fines have been issued in NSW: https://www.smh.com.au/national/police-issue-165-000-in-covi…

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