Sydney NYE Public Health Rules To Avoid Criminal Sanction During Celebrations
Highlighting Some Important Rules and Regulations For Public Health During Sydney NYE Celebrations
Cautious partying and an awareness of the potentially confusing Public Health rules during this NYE celebrations may avoid criminal charges; or the potential double up of on-the-spot fines after midnight tonight.
The focus should not just be on drink driving offences and the double de-merit points for speeding with the increased police presence on the roads this holiday period, said Goldman & Co Lawyers today.
KEY RULES FOR NYE IN SYDNEY
1. Watch out for any coughs or spits.
2. Don’t lose masks- carry them if needed.
3. Wear the masks properly
4. Careful when speaking or being close to others not to cause any COVID fear
5. Ensure that there is no anger at wives, husbands, girlfriends, housemates, or party attendees for the issue of an AVO.
Post the COVID lockdown, Goldman & Co has seen an upsurge of criminal and other offences during the 2021 Christmas New Year break. Our initial reports already indicate that 2022 could be a record-breaking year for criminal complaints and court attendances for family disputes and domestic offences.
Mr Jaswinder Sekhon, a Director of Goldman & Co Lawyers, states concerns that even if partygoers and fireworks attendees are not driving on the roads, or just stay at home (stay calm), they could get stung celebrating NYE unless carefully observing the current Public Health and domestic violence rules.
“Our senior criminal lawyers have cancelled any holiday plans in January 2022 because of this post COVID court upsurge”, according to Mr Sekhon.
“We are currently representing clients in increased numbers for loss of driving licence, assault, AVOs, family law and other domestic situations.” said Mr Sekhon.
WHAT IS A “FITTED FACE COVERING” (Mask)
The regulations state:
“fitted face covering means a mask or other covering that—
(a) fits securely around the face, and
(b) is designed or made to be worn over the nose and mouth to provide the wearer with protection against infection”
Bandannas and scarves, for example, simply will not do and could risk fines of $5000 before midnight and an additional $5500 after midnight.
CARRY A MASK EVEN IF UNSURE
Whilst attending the Sydney fireworks, we suggest to carry a suitable mask. The laws require masks in most indoor facilities such as bars and restaurants.
If using any form of public or ridesharing transport, such as uber, bus, trains and public transport will require the wearing of a mask.
COUGH OR SPIT NEAR ANY WORKER, UBER DRIVER OR SECURITY GUARD
Spitting or coughing on public official or other worker, including bus and train drivers, hospitality workers and security guards is a potentially serious offence.
The Regulations state:
“(1) A person must not intentionally spit at or cough on any of the following persons in a way that would reasonably be likely to cause fear about the spread of COVID-19—
(a) a public official,
(b) another worker while the worker is—
(i) at the worker’s place of work, or
(ii) travelling to or from the place of work.
(2) If the worker’s place of work is the worker’s residential premises, the place of work
does not, for the purposes of this clause, include a part of the premises used solely
for residential purposes.
(3) Without limiting subclause (1)(b), a worker includes the following—
(a) a retail worker,
(b) a person who works at an airport,
(c) a person who works for an electricity, gas, water or other utility company,
(d) a person who works in the transport industry or a transport-related industry,
(e) a member of the Australian Defence Force.
For Example— Public officials and workers include hospital staff, bus drivers, train drivers, ferry deckhands, taxi drivers, ride share drivers, food delivery workers, security guards, electricity, gas and water meter readers and postal delivery staff, including persons working for an entity under a contract, directly or indirectly, on behalf of the NSW Government.
PENALTIES FOR BREACHING A PUBLIC HEALTH ORDER CAN SPAN PAST MIDNIGHT
• Includes imprisonment for six months or up to $11,000; an additional $5500 after midnight if the offence continues.
$5000 ON THE SPOT FINES FOR COUGHING OR SPITTING OR NOT FOLLOWING DIRECTIONS OR PROVIDING INFORMATION
• $5000 for an individual.
• $5000 for a breach of a direction prohibiting coughing or spitting on a public official or other worker,
• $5000 for individuals who breaches a direction to answer questions, provide other information about a person's movements, or provide contact details if requested to do so by an authorised contact tracer.
ON THE SPOT FINES FOR NOT WEARING OR CARRYING A MASK
• On the spot fines can be issued to individuals and corporations for a breach of an Order relating to not wearing or carrying a mask:
• $40 for a person aged 15 and under;
• $80 for a person aged 16-17; and
• $500 for a person aged 18 and above.
Goldman & Co Lawyers, a national law firm has opened a 24-hour Criminal and Law Hotline during the 2021-2022 holiday period.
www.goldman-lawyers.com; www.gold-criminal-lawyers.com
Source Public Health (COVID-19 General) Order (No 2) 2021. As amended on 14, 16, 23, 24 and 27 December 2021.
Jaswinder Sekhon
Goldman & Co Lawyers Pty Limited
+61 2 8880 0750 ext. 100
jas@goldman-lawyers.com
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