Today, new COVID-19 public health directions have come into force under the Public Health Act 2010 (NSW) regarding gatherings and movement.

The key changes starting today are:

• You must not leave your place of residence without a reasonable excuse. Reasonable excuses include:
  • Getting groceries
  • Travelling for work, childcare, education
  • Exercise
  • Obtaining medical care and supplies
  • Weddings with no more than 5 people
  • Funerals with no more than 10 people
  • Moving house
  • Providing care to a vulnerable person or emergency assistance
  • Donating blood
  • Complying with legal obligations
  • Accessing public services
  • Seeing a parent, sibling or child whom you do not live with
  • Other emergencies

• You must not participate in a gathering in a public place of more than 2 persons, unless it is an “essential gathering” OR it is for one of the following purposes:
  • Work
  • Gathering of persons of the same household
  • Weddings and funerals (as above)
  • Moving house
  • Providing care to a vulnerable person or emergency assistance
  • Fulfilling a legal obligation (e.g. attending court or complying with bail)

Last week, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 No 1 (NSW), providing the NSW Police with additional powers to enforce the COVID-19 health directions.

Here are the key points you need to know:

• It is a criminal offence to fail to comply with a public health order and can lead to a prison sentence of up to 6 months. (See our blog on 26 March 2020 for more information on this).

• The police can now issue on-the-spot penalty notices to you if it appears to the officer that you have failed to comply with a public health order. The penalty notice amounts are $1,000 for individuals and $5,000 for corporations.

• The police now have the power to arrest you if they suspect on reasonable grounds that you are contravening a public health order relating to the COVID-19 pandemic. Upon arrest, you can be returned to your home or any place where you have been ordered to reside.

• A police officer (or other authorised officer) can direct you to provide your full name and residential address, if they suspect you have contravened a public health order. A person who appears to be in charge of premises where a contravention is occurring or has occurred can also be required to provide the name of the occupier of the premises.

Streeton Lawyers strongly urges everyone to stay safe and act responsibly during this pandemic.

If you require legal advice, or if you have received a penalty notice, been arrested or charged, our office is open for business as usual. Please contact us on 9025 9888 or by sending an online enquiry.

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