" The Letter " or " The Intent " of the Law ?

New South Wales Arts Minister, Don Harwin has stepped down from cabinet after police issued him with a thousand dollar fine and he was accused of breaching the travel protocol that bans non essential travel over the Easter period.

It seems that while Mr Harwin has certainly not acted in accordance with the intent of that law there is a serious doubt that his actions constitute a breach of its legality.   The Arts minister owns a holiday home at Pearl Beach on the mid north coast and he claims that he has been commuting from there prior to the Coronavirus lockdown.

He also claims that he sought advice within his department and was assured that living at Pearl Beach instead of his city apartment fell within the guidelines.  The police obviously thought otherwise, hence the issue of that thousand dollar fine. Should Mr Harwin decide to appeal that fine there seems a very good chance that it will be set aside.

This illustrates the vast difference between the "letter of the law " and " the intent of the law " .  Very clearly this law was intended to disallow unnecessary travel but it was not a complete ban on all forms of travel.  Evidence has since emerged that during his stay at Pearl Beach Mr Harwin twice travelled to Sydney to shop for new clothes.  It would be hard to substantiate clothing purchase in that " essential " category.

This also illustrates the problem public figures have with the cctv camera system.  Movement through streets or shops is recorded and the travels of a public face can be tracked long after the event. The publicity brought censure to Gladys Berejiklian's government and Mr Harwin graciously stepped down from cabinet to repair that breach.

Members of parliament generally and ministers in particular should remember that they are not ordinary citizens.  There is an expectation that they will behave above the law and not just comply in accordance with the herd. Should their actions result in adverse publicity it is expected that they should fall on their sword to repair the damage.

Mr Harwin's Arts portfolio includes Aboriginal Affairs and the Powerhouse Museum as well as being Special Minister of State and these duties will be shouldered by Mrs Berejiklian.  It is quite possible that Mr Harwin may return to cabinet some time in the future.

Perhaps the main lesson to be learned from this breach of the law's intent is that parliamentarians  should avoid any action that could be interpreted as " seeking a privilege above the law ".  The public are very particular in holding them to that standard  !