South Australian Anti-bikie Laws Unconstitutional

Anti-bikie laws relating to control orders  ruled unconstitutional by the High Court of Australia.

In South Australia v Totani [2010] HCA 39 (11 November 2010) the High Court considered the Serious and Organised Crime (Control) Act 2008 (SA) s10 which permits the Attorney-General to make a declaration in respect of an organisation, if satisfied that members associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity, and the organisation represents risk to public safety and order.

The High Court ruled s 10 constitutionally invalid because it obliged courts to issue control orders against bikies at the government's instruction. That result being the courts must do what the government says, this as Chief Justice Robert French said distorts the court's institutional integrity and puts its (the judiciaries) independence at risk.

Do you agree with the High Court? Do the laws which are being copied by various other jurisdictions interfere with the operation of the courts?

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