Anti Biker Laws Introduced for Victoria Amid Civil Liberties Protests

The Victorian Government has acted on election promises that it would crackdown on outlaw motorcycle gangs by introducing on Wednesday (14 November 2012) into the Victorian Parliament the Criminal Organisations Control Bill 2012.

The Bill is described formally in its long title as "a Bill for an Act to provide for the making of declarations and control orders for the purpose of preventing and disrupting the activities of organisations involved in serious criminal activity, and of their members, former members, prospective members and associates, to provide for the recognition and application of declarations and control orders made under corresponding laws". A description much more general than its stated intent which could be the beginning of where some might take issue with the legislation.

The legislation would enable the Victorian Supreme Court to ban certain gangs and strip them of assets if they are suspected of being engaged in illegal activities.

This Victorian Government claims the bill will deliver on the government's election commitment to legislate to allow criminal bikie and similar organisations to be outlawed where they are used for serious criminal activity and the organisation's continued operation represents a serious threat to public order and safety. The bill will do so while ensuring these decisions are made by the courts, after a robust assessment of the evidence and with affected parties having the opportunity to be heard.

The Law Institute of Victoria through its President Michael Holcroft is reported as saying that similar laws in South Australia and New South Wales were successfully challenged in the High Court: "We just say that the laws are unfair from a human rights point of view … This legislation, if it goes through unchallenged, could have the effect of making people criminals and liable to a penalty of up to five years imprisonment simply because they do choose to be associated with a particular club and wear particular colours."

The Victorian Attorney General in response says that Victoria's legislation doesn't include the aspect of the South Australian laws that was successfully challenged in the High Court and that motorcycle clubs will only be banned if the "Supreme Court is satisfied that there is serious criminal activity involved or the group or individual pose a serious threat to public safety".

The FREE Australia Party established in response to the South Australian anti-bikie legislation in 2008 has already indicated that Victoria's toughened bikie laws will be challenged in the High Court.

Again serious competing issues of civil liberty and right to association arise in this type of legislation which whilst enacted for a supposedly valid purpose has a high potential for latter misuse and abuse. As one article points out even the police admit “some 7000  people  across Australia are members of targeted clubs and admit that not  all  of  them have criminal records.” 

TimeBase Case Law includes a comprehensive collection of over 25,000 full text Australian judgments. It is a fast and convenient service giving you access to current and past case law with the ease of powerful, expansive searching. Contact us for a free trial today.