Refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers

Legislation: Public Health and Wellbeing Act 2008 (Vic) s 203(1)

Maximum penalty: 120 penalty units (natural person); 600 penalty units (body corporate)

Period: 1 July 2020 to 30 June 2023

Jurisdiction: Magistrates' Court

Charges

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Cases

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All outcomes

Males

Females

Aged 18 to 24

Aged 25 to 54

Aged 55 and over

*Note: unavailable options have under 10 cases

Charge data

In the Magistrates' Court, 2,598 charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers were sentenced in the three years to 30 June 2023. The most common sentence for a charge of this offence was a fine (59.6% or 1549 charges).

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In 2,289 cases sentenced in the Magistrates' Court in the three years to 30 June 2023, each case included at least one charge of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers. Among the 2,289 cases, 1,766 people were male and 494 people were female. The most common outcome for cases was a fine (53% or 1213 cases).

A case is a collection of one or more charges against a person or company sentenced at the one hearing. Case data is most useful in understanding the total sentence usually imposed on people found guilty of a particular crime.

Bar graph showing sentence types imposed for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 1**: Sentencing outcomes for all charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 2,598 charges**

Bar graph showing lengths of community correction orders for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 3**: Community correction order lengths for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 203 charges**

Bar graph showing fine amounts for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 4**: Fine amounts for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 957 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Stacked bar graph showing sentences imposed each year for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 5**: Sentencing outcomes for all charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers by financial year
**Number: 2,598 charges**

Bar graph showing the number of charges each year for the offence of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 6**: Number of charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers by financial year
**Number: 2,598 charges**

Bar graph showing fines amounts each year for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 8**: Average fine amounts for charges of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers by financial year
**Number: 957 charges**
**Note**: The graph only includes fines that were not part of an aggregate sentence (non-aggregate fines).

Bar graph showing sentence types for all offenders for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 9A**: Sentencing outcomes for all people for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 2,289 cases**

Bar graph showing sentence types for male offenders for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 9B**: Sentencing outcomes for males for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 1,766 cases**

Bar graph showing sentence types for female offenders for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 9C**: Sentencing outcomes for females for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 494 cases**

Bar graph showing sentence types for offenders aged under 25 for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 9D**: Sentencing outcomes for people aged under 25 for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 529 cases**

Bar graph showing sentence types for offenders aged 25 to 54 for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 9E**: Sentencing outcomes for people aged 25 to 54 for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 1,558 cases**

Bar graph showing sentence types for offenders aged 55 and over for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 9F**: Sentencing outcomes for people aged 55 and over for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 173 cases**

Bar graph showing imprisonment lengths for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 10**: Imprisonment lengths for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 339 cases**, including imprisonment only (229 cases) and imprisonment combined with a community correction order (110 cases).

Bar graph showing non-parole periods for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 11**: Non-parole periods for all people for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 229 cases**
**Note**: Imprisonment terms do not include a community correction order.

Bar graph showing lengths of community correction orders for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 12**: Community correction order lengths for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers
**Number: 168 cases**

Stacked bar graph showing sentences imposed each year for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 13**: Sentencing outcomes for all cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers by financial year
**Number: 2,289 cases**

Bar graph showing the number of cases each year for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 14**: Number of cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers for all people by financial year
**Number: 2,289 cases**

Bar graph showing the average imprisonment length each year for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 15**: Average imprisonment lengths for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers by financial year
**Number: 339 cases**

Bar graph showing the average imprisonment length and average non-parole period for each year for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers — **Figure 16**: Average imprisonment lengths and non-parole periods (NPPs) for cases of refuse or fail to comply with a direction or requirement from an authorised officer using public health risk or emergency powers by financial year
**Number: 22 cases**
**Note**: *NPP Cases* in the graph indicates that only cases with a non-parole period are included.