Police have taken legal action against a Kiama Heights couple at the centre of a now viral stand-off with a Lake Illawarra Police officer over alleged breaches of COVID-19 legislation.
Police issued a statement on Tuesday saying a 36-year-old man and 37-year-old woman returned to NSW from Victoria with their two children on July 12.
The man and woman, who were granted Category A permits from Service NSW, travelled through the Hume Highway checkpoint at Albury and were made aware of the requirements to self-isolate for 14 days at their residential address.
Police conducted compliance checks at the Kiama address on July 14, July 15 and July 21, and provided information about self-isolation requirements on each occasion.
It's alleged the couple, who were required to remain at their residential address with their two children until July 26, left the home on several occasions between July 20 and 22 July.
The matter was reported to police and an investigation commenced by officers from Lake Illawarra Police District.
Following inquiries, about 11.15am on Tuesday, the man was ordered to attend court for failing to comply with COVID-19 self-isolating laws under the Public Health Order.
He is due to appear in Port Kembla Local Court on September 23.
The 37-year-old woman was issued with a $1000 fine for failing to comply with regulations.
In a now viral video on social media, Leading Senior Constable Alex Reilly introduces himself and starts talking to the couple in relation to self-isolation requirements on July 21 about 1.30pm.
The video was shot from the couple's perspective who remained behind a screen door.
What ensues is a confrontation about the officer "trespassing" on the couple's property as they demand his details so they can "go after him" with legal action despite leading constable Reilly already providing his name, rank and police station.
They asked the officer for his full name, badge number, personal liability insurance and business card.
"I can give you my name and my address which is the police station, which is what I'm required to do," Snr Con Reilly said.
The woman asked if the officer was aware he was "trespassing on private property" and asked if he saw a no trespassing sign at the top of the driveway.
The officer started to write down information, and the woman confirmed four officers had been to the house previously.
The man then interrupted the officer and asked him to finish writing down his details before he asked more questions, despite the officer already identifying himself.
"Can you please just give me your business card with your name, proving to me who are who you say you are, before we continue any further," the man said.
"What I have said already and what I am dressed in, is not enough for you?" Snr Con Reilly responded.
The couple continued to ask for identification and personal indemnity insurance number.
"You are registered and you all have your own insurance. If we want to make a claim against your insurance for unlawful trespass, then we will contact your insurance company," the woman said.
"That would be NSW Police insurance, would it not?" the officer replied.
"You have your own policy. We are not going after NSW Police, we are going after you, because you are the person who walked onto my lot...without consent," the man said.
The pair said they wanted his details in writing and will "go after" him for trespassing on their lot.
Snr Con Reilly asked if they intended to answer the questions about the COVID compliance check to which the woman replied, "we are refusing to answer your questions".
"I have a lawful reason to be on your property," Snr Con Reilly said as he walked back to the road. "An unlawful reason" the man replied.
A NSW Police Force spokeswoman said the officer announced his office to the couple who refused to provide details or respond to COVID-compliance questions.
"After numerous failed attempts to obtain basic information, the officer left the home and reported the incident to his supervisor," she said.
"Police will continue to conduct proactive visits to homes and businesses throughout the Illawarra, and across the state, to ensure compliance with all orders under the Public Health Act."
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