Penalty notices are the most common way through which children come into contact with the criminal justice system. This report shows how the penalty notice regime implemented in New South Wales (NSW) during the COVID-19 pandemic, and intensive policing that involved high volume issuance of penalty notices, were unsuitable for achieving positive public health outcomes for children.

The report authors analyse statistical data and interview responses from lawyers and youth workers to show how COVID-19 penalty notices impacted children (i.e. persons under 18 years of age) in NSW. They also make observations regarding the use of penalty notices for children more generally.

Key findings:

• Fines were disproportionately issued to marginalised groups, including Aboriginal and Torres Strait Islander children, children with cognitive impairments, and children experiencing socio-economic challenges, homelessness, or unsafe home environments.
• Children living in relatively disadvantaged suburbs were over-policed and many of the suburbs where the most fines were issued to children are identified as ‘most disadvantaged’ by the Australian Government’s SEIFA index.
• More than half of the fines issued were for $1000, with some reaching $5000, far surpassing the maximum $1100 fine that can be given in the NSW Children’s Court.
• Police relied heavily on punitive options, including fines and court attendance notices, rather than diversionary options that were available.
• Many children and families faced financial hardship as a result of the fines, which compounded disadvantage.

The report also highlights the rapid pace of legislative changes, especially during the Delta wave of the pandemic, with an average of one new or revised public health order issued every 1.5 days. These frequent changes made it difficult for children to understand and comply with the rules and lead to errors in police enforcement.