NSW: New legislation passed to support police crack down on organised crime

The Supreme Court of NSW will soon be able to declare motorcycle gangs to be criminal organisations, under the NSW Government’s new anti-gang legislation passed in Parliament this week. The Crimes (Criminal Organisations Control) Amendment Bill 2013 introduces a number of amendments which, according to NSW Attorney-General Greg Smith, will support police in their attempts to crack down on organised crime.

Mr Smith recently commented, "this is the latest in a series of measures to support police in the work against organised crime, which include stronger consorting laws, and increased penalties for drive-by shootings."

Earlier this month, a similar Queensland law was challenged in the High Court after the Gold Coast chapter of the Finks Motorcycle Club sought to challenge its validity arguing it was unconstitutional and denied procedural fairness. On the contrary, the High Court held that while the provisions may depart from the usual incidents of procedure and judicial process, the Supreme Court nonetheless retains its capacity to act fairly and impartially. The decision was the first of its kind in Australia to have withstood constitutional challenge.

NSW’s amended legislation adopts the Queensland model in providing that the Supreme Court, rather than an eligible judge, will decide whether to declare an organisation a criminal organisation.
The Supreme Court will also determine what is criminal intelligence.
“This will enable police to protect the public from criminal gangs whose sole purpose is to commit crimes and terrorise the community,” Mr Smith said.

Although this type of legislation is relatively, new, the 2013 Bill is the latest in a series of attempts to pass legislation on criminal organisations. Last year the NSW Government abandoned similar legislation, electing to wait until after the High Court handed down its decision on the constitutionality of the Queensland Act. In 2011, the New South Wales Crimes (Criminal Organisations Control) Act 2009 was declared invalid by the High Court in Wainohu v State of NSW (2011) 278 ALR 1.

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