NSWCCL on the application of COVID fines by NSW Police

Media coverage: 9News/AAP

Some NSW police are handing out fines arbitrarily to people confused about COVID-19 restrictions, with "already over-policed" marginalised groups being penalised unfairly, a lawyer says.

Under COVID-19 measures, police officers have the power to fine individuals $1000 and businesses $5000 breaching public health orders or ministerial directions.

As of April 20, state police had issued 95 court notices and 736 penalty infringement notices, with on-the-spot fines, since March 17.

And while some of these cases are for people legitimately refusing to comply with social-distancing measures, solicitor Peter O'Brien says people are confused about what they are allowed to do and are being penalised unfairly.

"The lack of real clarity from the political masters who put in place this legislation is leading to an arbitrary application in the streets. People are genuinely and sincerely not certain of what a reasonable excuse is," Mr O'Brien told AAP.

"I'm concerned it's being applied to people who are already over-policed, the mentally ill, those fairly marginalised in society, most of whom can't afford to pay those penalties," he said.

NSW Council for Civil Liberties president Stephen Blanks questions why some of these fines are in areas of NSW where no known COVID-19 infections exist.

"The ultimate purpose of these regulations is for protection of community health," Mr Blanks told AAP.

"There was a couple in Cobar who were fined for being outside their home. The police should take into account if the activity engaged by the couple did put the community at risk. I'm not sure there are currently any infections in Cobar."

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