Read The Times Australia

Daily Bulletin

Queensland holds lessons for states set to crack down on bikies

  • Written by: The Conversation
imageSouth Australia's proposed anti-bikie laws criminalise the wearing of anything that indicates association with a declared 'criminal organisation' on licensed premises.AAP/Eric Sands

The South Australian government is poised to enact tough anti-bikie laws. Its bill, currently in the state parliament, mirrors aspects of the suite of laws enacted by the then-LNP government in Queensland in 2013.

South Australia has chosen to adopt those provisions that the High Court upheld in November 2014. But while the proposed laws may be constitutional, there are clear reasons why their introduction is at best premature – and at worst a very bad idea.

What does the South Australian bill do?

The bill copies a set of new criminal offences from Queensland’s laws. These offences focus on declared criminal organisations, which may be identified by a court or at the attorney-general’s discretion.

Former Queensland attorney-general Jarrod Bleijie identified 26 such organisations and said that his reasons for doing so may never be made public. An almost identical list is part of the South Australian bill.

However, the South Australian bill is broader than the Queensland laws when it comes to declaring criminal organisations. It provides that once an organisation is declared, a change in its name or even its membership will not affect its status as a criminal organisation. If members of the declared organisation re-form to create a new organisation, that group will also be a “criminal organisation”.

This vastly extends the bill’s reach. It may encompass groups well beyond the list of declared organisations.

The new offence provisions criminalise the wearing of anything – names, logos, symbols, insignia and so on – that indicates association with a declared criminal organisation on licensed premises. This offence carries onerous fines and potential terms of imprisonment. There is a A$10,000 penalty for persons responsible for the licensed premises (including employees) if they knowingly allow a person carrying one of these items to enter or remain on the premises.

Once organisations have been declared, its participants are prohibited from doing certain things. A participant is defined very broadly as anyone who takes part in the organisation’s affairs, attends more than one gathering of members, or in any way asserts or even seeks an association with the organisation.

Once a person qualifies as a participant in a criminal organisation, that label sticks. So, a person who attended two Hells Angels meetings in the 1970s, or sought membership of the Bandidos in the 1990s, or was seen wearing Gypsy Jokers colours thereby asserting some association with the group, will qualify as a “participant in a criminal organisation” today and into the future.

A participant in a criminal organisation commits an offence punishable by a term of imprisonment if they:

  • meet with two or more other participants in public;

  • recruit to the organisation; or

  • attend prescribed places or events (that non-participants are free to attend).

The Queensland experience

The High Court has upheld the Queensland laws as in keeping with the separation of powers under the Constitution. During that case, other states – particularly South Australia and Western Australia – indicated that they would consider enacting any laws that were upheld by the High Court.

While the new offence provisions withstood constitutional scrutiny, the experience in Queensland since then suggests that a cautious approach should be adopted to implementing similar provisions elsewhere.

No less than three government inquiries are currently on foot – two in Queensland and one in South Australia – on the organised crime threat and what kinds of measures would be effective to combat it. One of these inquiries is in the form of a high-level taskforce designed specifically to review the bikie laws enacted in Queensland and report on their effectiveness. The taskforce will also report on how the laws might be improved to better achieve their aims.

All three inquiries are due to report by the end of the year. A move to enact the South Australian bill seems pre-emptive in this context, and eschews an opportunity to enact better, more effective laws in a few months' time.

Despite being in existence for nearly two years, the effectiveness of Queensland’s laws remains unproven. Two sets of charges for the offence of “participants in a criminal organisation meeting in public” have been dropped before the trial commenced. Success stories of prosecutions under the laws are notably absent.

Some have argued that the laws have not made any significant contribution to the fight against organised crime in Queensland. The laws may reduce the visibility of bikie gangs, but there is little evidence to suggest they have prevented serious crime.

The laws grossly impact civil liberties. Even the High Court acknowledged that their impact on citizens is severe and disproportionate. The laws highlight the absence of personal rights to associate, or to express oneself through clothing, or to attend events and places that most persons are free to attend.

The impact of the laws on civil liberties had considerable political consequences for the former Newman government. While a tough law and order stance is usually a successful political strategy, these laws arguably went too far. Protests against the laws occurred not only across Queensland but around the world.

During its successful state election campaign, Labor vowed to repeal the bikie laws. The government has convened the Organised Crime Inquiry and high-level taskforce to fulfil this promise.

Potential for executive overreach

The laws have been applied in a way that shows their capacity for executive overreach. While the rhetoric around the laws is aimed squarely at bikie gangs, the potential scope of the laws is far broader.

When Queensland’s laws were challenged in the High Court, Justice Hayne accepted that the attorney-general’s capacity to declare an organisation was effectively unreviewable. He accepted that it could extend to basically any organisation that the government decided to declare.

Already, the South Australian government has inadvertently named an amateur motorcycle club as a declared criminal organisation in the bill. This apparent slip could have grave consequences for participants in that club, who risk imprisonment for meeting in groups of three or publicising the club – regardless of whether they quickly leave the club or re-form under a different name.

Recent trends indicate that if South Australia enacts these laws, other states may follow regardless of the serious concerns raised above. Political pressure to look tough on crime and avoid becoming a haven for bikie gangs tends to outweigh concerns over the laws’ impact on society or actual effectiveness.

Rebecca Ananian-Welsh does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations.

Authors: The Conversation

Read more http://theconversation.com/queensland-holds-lessons-for-states-set-to-crack-down-on-bikies-43317

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...