<i>The Legislation We Had to Have?: The</i>Crimes (Criminal Organisations Control) Act 2009 (<i>NSW</i>)

Loughnan, Arlie

doi:10.1080/10345329.2009.12035823

Cited by 39 publications

(11 citation statements)

References 4 publications

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“…The legislative approach to OMGs adopted in the SA Act and its successors was modelled on the terrorism laws (Redmond, 2008;Loughnan, 2009). With the exception of the Queensland legislation (which differs in detail from that of the other states), the OMG laws do not require the court to find that a member has engaged in illegal activity before imposing a control order upon him.…”

Section: A Fresh Approach?mentioning

confidence: 99%

“…The breach of an order can attract criminal penalties, including imprisonment. The laws have been widely criticized as unconstitutional and non-compliant with the rule of law and human rights (see for example Bronitt & McSherry, 2010;Cowdery, 2009;Gray, 2009;Loughnan, 2009). Lawyers and academics have expressed concern about the way in which these laws institute a procedure that enables OMG members to be deprived of some of the liberties available to any ordinary person because of their identity as an OMG member and in the absence of evidence grounding a prosecution for specific illegal conduct, or even for conspiracy.…”

mentioning

confidence: 99%

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Pre-emptive Strike: How Australia is Tackling Outlaw Motorcycle Gangs

Ayling

2011

Am J Crim Just

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In the past three years, new laws have been introduced in four Australian states designed to prevent criminal conspiracies by outlaw motorcycle gang (OMG) members and to disrupt the criminal activities of these gangs. The Australian laws push the boundaries previously set in similar laws in other jurisdictions, in that controls can be imposed because of membership of an organization perceived as a threat by the state. The laws constitute a pre-emptive strike against OMGs. However, there are very real issues about their likely effectiveness, given research suggesting that the primary structures targeted in this legislation, the clubs, are not necessarily the ones that OMG members use to conduct their criminal business. This article explores these issues, and suggests that the reaction of OMGs to this legislation may provide important information about OMG adaptiveness and resilience.

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Section: A Fresh Approach?mentioning

confidence: 99%

mentioning

confidence: 99%

Pre-emptive Strike: How Australia is Tackling Outlaw Motorcycle Gangs

Ayling

2011

Am J Crim Just

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“…Since at least 2008, the production of organised crime and bikie gangs as a serious threat has been a unifying theme in political discourse justifying the formal expansion of criminalisation across Australia nationally (Ayling 2011). The designation of 'declared organisations' and associated control orders has been well critiqued as eroding fundamental rights and criminal law norms in NSW (Cowdery 2009;Loughnan 2009;McGarrity 2012). However, while these trends around organised crime are prefigured by an expansive regime of counter-terrorism laws over the last 15 years (Loughnan 2009;McGarrity 2012), the so-called 'pre-emptive turn' has a longer history.…”

Section: Political Contextsmentioning

confidence: 99%

“…The designation of 'declared organisations' and associated control orders has been well critiqued as eroding fundamental rights and criminal law norms in NSW (Cowdery 2009;Loughnan 2009;McGarrity 2012). However, while these trends around organised crime are prefigured by an expansive regime of counter-terrorism laws over the last 15 years (Loughnan 2009;McGarrity 2012), the so-called 'pre-emptive turn' has a longer history. The rise of pre-emptive criminalisation targeted to associations and membership for threats of 'serious crime' must be understood in the context of older, settler-colonial formations of criminalisation.…”

Section: Political Contextsmentioning

confidence: 99%

Criminal Law as Police Power: Serious Crime, Unsafe Protest and Risks to Public Safety

Sentas

Grewcock

2018

Int J for Crime, Justice & Social Democracy

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This article considers the deepening of police power in New South Wales (NSW), Australia, criminal law. It analyses the combined effects of four recent criminal law regimes that not only give the NSW Police Force more powers, but also reflect the significant role of institutional police power and the pre-emptive logic of criminal law. We examine: the introduction of serious crime prevention orders; the introduction of public safety orders; investigative detention powers in relation to terrorist acts; and confiscation, forfeiture and search powers, and trespass offences that target protests. Drawing on the work of ‘police power’ theorists, we argue that these new regimes illustrate the centrality of police power to the criminal law rather than a deviation from a putative, ‘normal’ criminal law.

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“…Second, and relatedly, another manifestation of the influence of 'law and order' politics in NSW is that, even when the Legislative Review Committee does have the opportunity to consider a bill at length prior to enactment and raises significant rights and liberties concerns, its capacity to influence criminal law-making is confounded by the bipartisanship that frequently surrounds punitive criminalisation directed at 'demonised' targets (Poynting and Morgan 2007;Cohen 1972 At the heart of the control order regime is the pre-emptive criminalisation of association between individuals who are considered to pose a risk of future criminal behaviour (Brown et al 2015(Brown et al :1219. Such regimes are controversial crime prevention methods (Ashworth and Zedner 2014), and have been widely criticised for extending the net of criminalisation too far (Cowdery 2009;Loughnan 2009). Unsurprisingly, when the Legislation Review Committee considered the Crimes (Criminal Organisations Control) Bill 2012 (NSW), it identified a range of concerns in terms of the bill's implications for rights and liberties.…”

Section: Illustrations Of the Committee/law-making Relationshipmentioning

confidence: 99%

Institutional Influences on the Parameters of Criminalisation: Parliamentary Scrutiny of Criminal Law Bills in New South Wales

McNamara

Quilter

2015

Current Issues in Criminal Justice

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Within criminalisation scholarship, there has been little engagement with the work of 'real-world' mechanisms for promoting principled law-making, like the activities of parliamentary scrutiny committees. This article reports on an examination of the New South Wales ('NSW') Legislation Review Committee's findings and recommendations in relation to all criminal law bills during the period 2010-12 and assesses the impact of the Committee's recommendations on the passage of bills through the NSW Parliament. It considers whether the potential for scrutiny committees to play an effective role in delineating the legitimate boundaries of criminalisation is realised in practice. AbstractWithin criminalisation scholarship, there has been little engagement with the work of 'real-world' mechanisms for promoting principled law-making, like the activities of parliamentary scrutiny committees. This article reports on an examination of the New South Wales ('NSW') Legislation Review Committee's findings and recommendations in relation to all criminal law bills during the period 2010-12 and assesses the impact of the Committee's recommendations on the passage of bills through the NSW Parliament. It considers whether the potential for scrutiny committees to play an effective role in delineating the legitimate boundaries of criminalisation is realised in practice.

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The Legislation We Had to Have?: TheCrimes (Criminal Organisations Control) Act 2009 (NSW)

Cited by 39 publications

References 4 publications

Pre-emptive Strike: How Australia is Tackling Outlaw Motorcycle Gangs

Pre-emptive Strike: How Australia is Tackling Outlaw Motorcycle Gangs

Criminal Law as Police Power: Serious Crime, Unsafe Protest and Risks to Public Safety

Institutional Influences on the Parameters of Criminalisation: Parliamentary Scrutiny of Criminal Law Bills in New South Wales

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