A driver detected speeding in Northbourne Avenue's 40km/h zone argued his fine should be withdrawn because he had nausea from a COVID vaccination.
Justin Bathurst was driving home in July 2021 after receiving his first vaccination when he said he suffered an onset of severe nausea by the time he reached Northbourne Avenue.
He was detected going at 48km/h near Barry Drive-Cooyong Street and he received a fine, an ACT Civil and Administrative judgment states.
He applied to Access Canberra to withdraw the fine, but it was rejected. So too was a request to a delegate for chief police officer Neil Gaughan for an internal review of that initial decision. Mr Bathurst then applied for the tribunal to review the decision.
In his arguments, the self-represented plaintiff said the original decision did not give proper regard to his specific circumstances, being the illness after receiving the AstraZeneca vaccination.
He said the legislation referred to "exceptional circumstances", which included medical emergencies as an example.
He argued the evidence of his appointment and his immunisation history statement were sufficient to show he had an emergency situation.
He said if he had been aware at the relevant time he was to receive a fine, he would have gone to a doctor to obtain a medical certificate to verify his nausea.
At the time, being a short distance from home, he said he was thinking "I want to get home ... I'm going to be sick".
Finally, he said he had thought at the time he was unable to pull over on Northbourne Avenue and in hindsight could have done so, but he would have vomited on himself.
ACT government solicitor Avinesh Chand, appearing for the chief police officer, said Mr Bathurst's application had no supporting evidence to confirm his nausea.
Mr Chand said regardless of how nausea is brought about, it was not exceptional and it was no more exceptional for a person to experience nausea than it was for a person to experience a headache.
He also said Mr Bathurst had other options, including complying with the road rules and observing the speed limit.
Mr Chand conceded it was not permissible to stop anywhere along Northbourne Avenue, but it was possible to use free five-minute zones and paid parking areas nearby.
In the recent judgment, tribunal member Walter Hawkins ruled against Mr Bathurst, saying although the plaintiff provided supporting evidence he had a COVID vaccination on the relevant day, he did not provide any evidence to confirm the onset of nausea.
Mr Hawkins said the tribunal agreed with Mr Chand that nausea was not unusual.
He said accordingly, the evidence had not shown Mr Bathurst established exceptional circumstances to withdraw the infringement notice.
"The applicant had other options available to him rather than going directly home," Mr Hawkins said.
"Indeed, the applicant chose not to [take another option] and to proceed home and whilst doing so exceeded the speed limit of 40km/h.
"The tribunal is satisfied that the decision under review was the correct and preferable decision, and the tribunal confirms the decision," he said.
