Queensland Review into Organised Crime

In a follow up to our previous article, Queensland has now announced the terms of reference and leader of its Review into Organised Crime, especially, but not exclusively, focused on the Vicious Lawless Association Disestablishment (VLAD) Act, or so-called anti-bikie legislation.

Background to the Inquiry

By Order in Council, the Queensland Organised Crime Commission of Inquiry commenced on 1 May 2015.

Mr Michael Byrne QC has been appointed as Commissioner and is required to provide a report to the Premier by 30 October 2015. Commissioner Byrne has an extensive practice in all levels of the judicial system and has appeared in a number of high profile trials and some of the seminal High Court cases emanating from Queensland in the area of criminal law. His career has also included Acting Judge of the District Court, the Deputy Director of Public Prosecutions and the Vice President of the Queensland Bar Association.

Terms of Reference for the Inquiry

The Commission of Inquiry has been appointed to make full and careful inquiry in an open and independent manner with respect to the following matters: 

1. the extent and nature; and economic and societal impacts (including impacts on individuals) of organised crime in Queensland with particular emphasis on the key areas of focus;
2. the key areas of focus are:
• the high threat illicit drug and/or precursor markets, including but not limited to methylamphetamine, cocaine, heroin, drug analogues and new psychoactive substances, 3, 4 - Methylenedioxymethamphetamine and cannabis;  
• internet or electronic or technology enabled child sexual offending, including the child exploitation material market;
• financial crimes – primarily investment and financial market fraud and financial data theft;  and
• the relationship between organised crime and corruption in Queensland.
3. the extent to which entities involved in organised crime, use, or provide the services of, activities that enable or facilitate organised crime in Queensland with particular emphasis on the key enablers;
4. the key enablers are:
• money laundering;
• cyber and technology-enabled crime;
• identity crime;
• violence and extortion; and
• professional facilitators, including but not limited to accountants, lawyers, financial advisers, real estate agents, IT experts, technical security experts and chemists.
5. the adequacy and appropriateness of the current responses of Queensland law enforcement, Queensland intelligence and Queensland prosecution agencies to prevent and combat organised crime in Queensland, including through the recovery of proceeds of crime;
6. the adequacy of current cross-jurisdictional arrangements, including the effective cooperation of Queensland law enforcement agencies with Commonwealth law enforcement agencies;
7. the adequacy of current legislation and resources available to law enforcement, criminal intelligence and prosecution agencies in Queensland to prevent and effectively investigate and prosecute organised criminal activity, including the recovery of proceeds of crime; and
8. likely future trends in organised crime, including involvement in emerging illicit and legitimate markets.

Related Review of the VLAD Laws

Queensland attorney-general Yvette D’Ath announced on 16 June 2015 that Justice Alan Wilson would also lead a separate and complementary taskforce to review the VLAD laws.

Opposition leader Lawrence Springborg said the LNP objected to the review, but not the appointment of Justice Wilson:

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Lawyers Weekly Article

QLD Review into Organised Crime Website