Bikie control legislation passed in the upper house

03/04/2009

The Crimes (Criminal Organisation Control) Bill 2009 was introduced into the Legislative Council yesterday afternoon and passed after a brief debate. Greens MLC Lee Rhiannon raised a number of Bar Association objections to the legislation, and read them into the Hansard as follows:

The New South Wales Bar Association has also provided an analysis in the short time available. The association makes the obvious but important point that it is completely inappropriate that legislation infringing on recognised basic civil liberties should be passed so quickly, with no consultation or opportunity for debate. As a general comment, the Bar Association states:

Police resources would be better used fighting actual crime rather than people's associations. The legislation will not achieve anything other than to drive these organisations underground and make it more difficult to detect their existence and any associated criminal activities …

_ It is concerning that control orders can be made based on confidential police "intelligence" rather than any publicly proven criminality. How could a person adequately challenge the making of such an order without access to the information on which it is based?

The Bar Association states that it is concerned at the anti-democratic nature of the legislation and the potential for abuse and injustices. It queries why the Court of Appeal is the court to handle appeals rather than the Court of Criminal of Appeal. In relation to clause 11, the Bar Association notes that allowing the criminal organisation declaration to remain in force for three years without review is an unreasonably long period. As to clause 11 (3), the Bar Association queries whether it is appropriate to continue a declaration after an organisation has changed its name and membership, and whether it can really be said to be the same organisation. It shares concerns about the alarming nature of clause 13 (2), which allows a judge to make a declaration without requiring any grounds or reasons. The Bar Association asks how a party will know whether to appeal if reasons are not given. The Greens will move to delete this clause in Committee.� _

The amendments were not passed. View the Hansard >

**3 April 2009 **