New Criminal Law Consorting Bill to be Introduced into Victorian Parliament

Tuesday 1 September 2015 @ 12.38 p.m. | Crime | Legal Research

Attorney-General Martin Pakula in Victoria outlined on 31 August 2015 a new offence of ‘unlawful association’, which will prohibit convicted criminals from repeatedly associating with others so as to maintain and expand their criminal networks.

Background to the VIC Bill

The Criminal Organisations Control Amendment (Unlawful Associations) Bill 2015 (to be introduced into Parliament later this week) aims to prevent crime by limiting the ability of criminal gangs, including outlaw motorcycle gangs, to recruit new members and maintain existing members.

The new offence carries a maximum penalty of three years imprisonment and a $54,600 fine for people who repeatedly associate with serious convicted offenders after being warned by police. The amendment addresses gaps in the current offence of consorting by providing clarity as to whom the offence applies, and by allowing Victoria Police to issue warnings to people against further unlawful associations.

Attorney-General Martin Pakula said the move would also help disrupt organised crime networks and the supply of ice in Victoria:

“Crime gangs are becoming more sophisticated, particularly in terms of recruiting new members online and on social media...These anti-consorting reforms give police the powers they need to disrupt and dismantle criminal gangs. The law will ensure that Victoria has modern consorting provisions that keep up with the sophisticated forms of organised crime facing us in 2015.’’

 The latest overhaul is expected to signal Victoria is not a haven for clubs operating outside of the law and bring the laws further into line with those currently operating in NSW, QLD and SA.

Related Criticism for the VLAD Act in QLD

In a related matter, and in relation to the current QLD bikie legislation, in a submission to the state inquiry into organised crime, the Rule of Law Institute of Australia (Rolia) said the title of the Vicious Lawless Association Disestablishment Act 2013 (VLAD) – “trivialises the serious matters” it deals with.

Rolia states in their submission that:

"The Vicious Lawless Association Disestablishment Act 2013 contains broad definitions. This enables the executive arm of government a significant discretion in determining who to prosecute. The Act also removes the independence of the judiciary, and makes a mockery of the well-established principle of proportionality in sentencing. The use of law to impose excessive mandatory sentences to achieve the political objectives of the Parliament to be “tough on crime” is incompatible with the operation of the rule of law in Australia."

The Palaszczuk government has committed to repealing or substantially changing its predecessor’s anti-gang laws, including Vlad and anti-association laws, after taking advice from the organised crime inquiry and a separate task force headed by former judge Alan Wilson.

Rolia, whose patron is former NSW chief justice James Spigelman, said while there was “no dispute that organised crime is an issue that is worthy of a serious response by government”, Vlad was an inappropriate response. It said a primary concern was the term “vicious lawless associate” given to those convicted under the act, which made “a mockery of the well-established principle of proportionality in sentencing”.

The attorney general, Yvette D’Ath, said that the government would “definitely be amending [the laws] at the very least”.

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