Man is fined $1,000 for going for a morning walk despite exercise being allowed - because he gave police 'several different reasons' for leaving home

  • A man in the NSW city of Bathurst was fined $1,000 for taking a morning walk
  • Exercise is allowed under the state's new coronavirus public health orders
  • Police said man was fined for giving 'several different reasons' for leaving home
  • Civil libertarians say police would lose respect if they issued arbitrary penalties

A man in country New South Wales has been fined $1,000 simply for taking a morning walk.

Ten days ago, the state's Health Minister Brad Hazzard issued a late night public health order banning people from leaving home unless they were buying food or medicines, travelling for work or study or attending a funeral.

Exercise was also allowed as part of the coronavirus restrictions.

Despite that, police in the regional town of Bathurst, in the NSW central west, yesterday issued a $1,000 penalty infringement notice to a 41-year-old man because 'he gave several different reasons for being out of his home'.

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A man in country New South Wales has been fined $1,000 simply for taking a morning walk even though exercise is allowed under coronavirus rules. Police in the NSW central west town of Bathurst (pictured) issued a $1,000 penalty infringement notice to a 41-year-old man because 'he gave several different reasons for being out of his home'

A man in country New South Wales has been fined $1,000 simply for taking a morning walk even though exercise is allowed under coronavirus rules. Police in the NSW central west town of Bathurst (pictured) issued a $1,000 penalty infringement notice to a 41-year-old man because 'he gave several different reasons for being out of his home'

The NSW Police Force confirmed in a statement officers from the Chifley police district were patrolling the area at 8am on Wednesday 'when they sighted a man walking along the footpath'.

Queensland Council for Civil Liberties president Michael Cope, a solicitor, said the public would stop respecting the police if they arbitrarily imposed fines on people who didn't appear to have breached COVID-19 ministerial directives.

'If they start applying these laws in an arbitrary or an unfair fashion, they are going to lose the trust of the community and they are going to lose the consent to police these laws,' he told Daily Mail Australia on Thursday.

'The whole thing is going to break down with appalling consequences.'  

Mr Cope said that until each state's police commissioners properly explained how the COVID-19 rules would be applied, police were set to abuse their powers.

'This is the problem, this is the issue,' he said. 

'When you give people extraordinary powers then you run the risk that they will abuse those powers - we need to be very careful.

'If the police are going to abuse these powers, the result could be a disaster.' 

Anyone issued with a fine has the right to challenge it in court, like a parking or a speeding fine and Mr Cope said there was a chance many people could get off.

Courtrooms, however, are closed for now because of coronavirus, with some proceedings video streamed. 

The NSW Police Force confirmed in a statement officers from the Chifley police district were patrolling the area at 8am on Wednesday 'when they sighted a man walking along the footpath'. Pictured are people going for a walk between Manly and Curl Curl on Sydney's northern beaches on April 3, 2020

The NSW Police Force confirmed in a statement officers from the Chifley police district were patrolling the area at 8am on Wednesday 'when they sighted a man walking along the footpath'. Pictured are people going for a walk between Manly and Curl Curl on Sydney's northern beaches on April 3, 2020

Mr Cope suggested the man in Bathurst did not appear to have broken the COVID-19 ministerial directive simply by being out of his home and having several excuses.

CORONAVIRUS CASES IN AUSTRALIA: 6,089

New South Wales: 2,773

Victoria: 1,228

Queensland: 953 

South Australia: 420

Western Australia: 481 

Australian Capital Territory: 99

Tasmania: 107

Northern Territory: 28

TOTAL CASES:  6,089

RECOVERED: 2,813

DEAD: 51

'Giving different reasons is not an offence,' he said.

'If he had a legitimate reason, it seems to me he was walking out of his house for exercise, that will be an interesting one to see if it ever ends up in court.' 

The man in Bathurst was far from the only NSW resident to have copped a fine, even for obeying social distancing rules to stay 1.5 metres apart from others in public. 

Last week, a 21-year-old man in Newcastle was fined $1,000 for eating a kebab on a park bench after exercising.

The police said he had ignored two warning that same day.

Western Australia's Labor Premier Mark McGowan struggled to stop laughing describing the scenario of someone being fined for 'going for a run and buying a kebab'.

NSW is far from the only state issuing COVID-19 fines, even in situations where social distancing rules are observed.

Queensland Council for Civil Liberties president Michael Cope, a solicitor, said the public would stop respecting the police if they arbitrarily imposed fines on people who didn't appear to have breached COVID-19 ministerial directives. Pictured are people at Bondi in Sydney's east reprimanding a woman sitting alone on the grass

Queensland Council for Civil Liberties president Michael Cope, a solicitor, said the public would stop respecting the police if they arbitrarily imposed fines on people who didn't appear to have breached COVID-19 ministerial directives. Pictured are people at Bondi in Sydney's east reprimanding a woman sitting alone on the grass 

In Victoria, 17-year-old learner driver Hunter Reynolds was fined $1,652 learning to drive in wet conditions with her mother, Sharee, as the passenger on the weekend.

The duo had travelled about 30km from their Hampton home, in Melbourne's south-east, to Frankston before a police officer pulled them over and said they were breaking the stage-three restriction rules.

She was slapped with a huge fine but after publicly sharing their story Victoria Police reviewed the fine and dropped it.

Nonetheless, police haven't ruled out fining others in future in similar circumstances under the COVID-19 crackdown on everyday life.

In Victoria, 17-year-old learner driver Hunter Reynolds (pictured) was fined $1,652 learning to drive in wet conditions with her mother, Sharee, as the passenger on the weekend

In Victoria, 17-year-old learner driver Hunter Reynolds (pictured) was fined $1,652 learning to drive in wet conditions with her mother, Sharee, as the passenger on the weekend

'Undertaking a driving lesson by itself, to go out and simply drive off somewhere to undertake a driving lesson with your parent - you are not able to do it,' deputy commissioner Shane Patton told 3AW on Tuesday. 

In Victoria, Pat Riordan, 34, was fined $1,652 for cycling to a mountain bike trial from his home at Bonbeach in Melbourne's south-east on Sunday.

The man had thought he was complying with social distancing measures.

It's not just public areas attracting the attention of Victorian police.

In Melbourne's east, three friends who didn't live together were each fined $1,652 on Tuesday night after being caught playing video games in the loungeroom.

Ten days ago, NSW Health Minister Brad Hazzard issued a public health order banning people from leaving home unless they were buying food or medicines, travelling for work or study or attending a funeral. Exercise was also allowed as part of the coronavirus restrictions

Ten days ago, NSW Health Minister Brad Hazzard issued a public health order banning people from leaving home unless they were buying food or medicines, travelling for work or study or attending a funeral. Exercise was also allowed as part of the coronavirus restrictions

Under stage three restrictions, which were introduced on March 31 to curb the spread of the deadly coronavirus, gatherings are restricted to no more than two people except for members of your immediate household.

Residents are only allowed to leave their homes for essential reasons, those being for food, work or education, exercise and medical care or compassionate needs.

Anyone who breaks COVID-19 measures in New South Wales is liable for a $1,000 fine, with the same penalty also applying in Western Australia, South Australia and the Australian Capital Territory.

In Queensland it's $1,334.50, in Victoria it's $1,652 and in the Northern Territory, $1,099. 

SOCIAL DISTANCING LAWS EXPLAINED STATE-BY-STATE: HOW TO AVOID GETTING CAUGHT OUT

Queensland

Gatherings are restricted to two people, with residents only allowed out of their homes for a few essential reasons. 

This includes buying food or essential goods, getting a medical treatment or engaging in physical exercise. 

You can also visit a terminally ill relative or attend a funeral.

Students are also allowed to attend childcare, school, college or university.

From April 3, the state's borders will be closed to everyone except residents and essential workers.

New South Wales

NSW officials are also enforcing the two-person limit, with residents legally obliged to stay at home unless they have a 'reasonable excuse'. 

This includes travelling to work or school, buying food or other essentials, exercise and medical reasons.

It is left up to police officers to decide who will get the fines, with the maximum being an $11,000 fine or six months in prison.  

Victoria 

The state has also brought in the two-person limit inside and outside the home - not counting pre-exisitng members of the household.

Its chief medical officer Dr Brett Sutton confirmed an exception would made for people visiting their boyfriend or girlfriend if they lived separately. 

Otherwise, people are allowed to leave the house for one of five reasons - shopping for food, work and education, care reasons, exercise or other extenuating circumstances. 

Australian Capital Territory

The ACT is also enforcing the two-person limit, but people are allowed up to two guests inside their homes - only if there is at least four square metres per person.   

It also only allows people to leave home for essential reasons, including shopping for essentials, medical reasons, exercise, work or study.

Offenders are being issue with warnings, but may get a fine if they are found to be breaking the rules again.

Western Australia 

As well as closing its borders to non-residents, WA has also introduced fines for people who cross out of their region.

Nine regions have been carved up, and people cannot move between them for anything but an essential reason.

This includes going to work, medical appointments, school or other types of education.

Drivers are also allowed to transport freight, and people can go to a shop outside of their area if the essentials are not available closer to home.  

Northern Territory 

In NT, police are still enforcing a 10-person limit rather than just two people.

But chief minister Michael Gunner warned it may take further action if people don't stick to the rules.

All non-essential arrivals in the state must self-quarantine for 14 days, and people are not allowed to visit remote communities.

Tasmania

Tasmania also has brought into law the two-person limit, with residents only allowed to leave home for essential reasons.

This includes shopping, exercising, and going to healthcare apppointments. 

Going to a vet is also allowed, as is going to school or caring for another person.  

Arrivals must self-isolate for 14 days. 

South Australia

SA has also stuck to the 10-person limit, with $1,000 on-the-spot fines for people who have a larger group.

Again, all arrivals into the state must self-isolate for 14 days. 

 

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Man in NSW town of Bathurst fined $1000 for taking a morning walk without a reason

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