Former NSW arts minister Don Harwin travelled to and from his Pearl Beach holiday home in an alleged breach of COVID-19 restrictions,but the fine has been dismissed.

Former NSW arts minister Don Harwin travelled to and from his Pearl Beach holiday home in an alleged breach of COVID-19 restrictions,but the fine has been dismissed.

"Mr Harwin’s decision to resign from cabinet was appropriate when he received an infringement notice in April,but now that he has been cleared,it is appropriate that he return to cabinet,"Ms Berejiklian said.

"Mr Harwin has always assured me that he did not break the rules."

Mr Harwin did not appear in Gosford Local Court on Friday where a representative for the Director of Public Prosecutions appeared via video link to withdraw the fine.

"It's withdrawn and it's dismissed. He's discharged,"magistrate Peter Barnett told the court.

An ODPP spokeswoman later said the evidence against Mr Harwin was unable to establish that he left his place of residence"without a reasonable excuse as provided by the Public Health Order,"and that the order"did not restrict a person to a single place of residence."

The matter was closed just 20 kilometres north of the holiday home in Pearl Beach on the Central Coast where he was allegedly caught breaching COVID-19 restrictions.

Following the court outcome,a senior Liberals source had indicated the court decision would pave the way for Mr Harwin's return to cabinet."Absolutely he can come back,"the source said.

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Another government source said Ms Berejiklian had opted not to give Mr Harwin's portfolios to another minister and assumed responsibility for the arts and special minister of state.

The source also said Mr Harwin was one of Ms Berejiklian's close friends and a confidant.

Mr Harwin was expected to appeal against the fine during a court mention on Friday,but it was dismissed shortly before 10.30am.

The hearing was not set to take place until October 28,after Revenue NSW advised no new court matters would be listed until October 1. However,it was brought forward following a special request by the Office of the Director of Public Prosecutions.

The ODPP spokeswoman said a decision was made to discontinue the charge"following a review of the available evidence",which caused the court listing to be brought forward.

On Friday,NSW Police Commissioner Mick Fuller,who originally reviewed the fine,said he stood by his decision to proceed with it."The discontinuation of the case by the ODPP is a matter for them,"he said.

Police had alleged Mr Harwin breached travel bans during lockdown by commuting between his Sydney residence and his holiday home.

He was subsequently handed the $1000 penalty infringement notice by NSW Police for being"in contravention of a current ministerial direction",against which he later lodged an appeal.

Mr Harwin resigned from cabinet soon after the infringement was issued.

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He has repeatedly insisted he did not break the law and returned to his Sydney home by March 31 when the Public Health Order formally began. The order restricted all non-essential travel without a"reasonable excuse."

He previously said he had been"working remotely"from his holiday home for"a number of weeks prior"to the Public Health Order coming into effect,and that he"took advice from my department officials about the Public Health Order to ensure I adhered to the guidelines during this period".

At the time he expressed regret that his residential arrangements had"become an issue"during the pandemic,but said he was"confident"he had acted in accordance with all guidelines.

"I apologise to the Premier and the people of NSW,"he said in April.

In AprilThe Sydney Morning Heraldrevealed Mr Harwin had decided to sell his Sydney apartment,just two weeks after he quit the cabinet.

The resignation resulted in a"significant pay cut"from his ministerial salary of about $345,000 to that of a backbencher's,which is approximately $170,000.

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