Police on Friday revealed they had sought urgent external advice about the man’s conduct after their own lawyers came to the determination that there was insufficient evidence.
Police had been investigating whether the driver had failed to wear a mask or undertake daily saliva testing.
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Commissioner Fuller said it was necessary to seek a second opinion because of “the significance of the outbreak and the heightened community concern”.
A two-week lockdown for Greater Sydney,Wollongong,the Blue Mountains,the Central Coast and Shellharbour was announced on Saturday.
The driver has so far been identified as the most likely patient zero in the Bondi cluster outbreak.
However,NSW’s Chief Health Officier Dr Kerry Chant on Saturday said contact tracers continued to explore all hypotheses.