Criminal Organisations Control Amendment (Unlawful Associations) Bill 2015 introduced into VIC Parliament

Tuesday 15 September 2015 @ 12.34 p.m. | Crime | Legal Research

The Criminal Organisations Control Amendment (Unlawful Associations) Bill 2015 (VIC) (the Bill) was introduced into Parliament on 1 September 2015. It is currently awaiting second reading debate in the Legislative Assembly.

Background to the Bill

Following on from our previous article, the Attorney-General said in his media release dated 31 August 2015 that the Bill "aims to prevent crime by limiting the ability of criminal gangs, including outlaw motorcycle gangs, to recruit new members and maintain existing members."

The purpose of the Bill, as stated in the Second Reading Speech, is to disrupt consorting offences, which "prevent crime by preventing the formation, maintenance and expansion of criminal networks."

Amendments Contained in the Bill

The Bill amends the Criminal Organisations Control Act 2012 (VIC) to insert a new Part 5A which includes consorting offences in the category of "Unlawful Associations". It will be a summary offence but it subject to punishment of 3 years imprisonment of 360 penalty units.

Additionally, the Bill amends the Summary Offences Act 1966 (VIC) in order to repeal section 49F on consorting offences to avoid duplication.

There are some interesting exceptions to the unlawful association rules proposed by the new Part 5A inserted by the Bill. According to the new section 124A(4), exceptions to unlawful association will be provided if the individual served an unlawful association notice associates with an individual named in the notice on an occasion as set out in that subsection in any of the following ways, other than for an ulterior purpose :

  • in the course of lawful employment or the lawful operation of a business;
  • in the course of participating in education or vocational training;
  • while either the specified individual or the individual named in the notice, or both, are being provided a health service;
  • when either the specified individual or the individual named in the notice, or both, are being provided legal advice;
  • while in lawful custody or in the course of complying with an order, requirement or direction imposed by a court, the Adult Parole Board, or the Secretary to the Department of Justice and Regulation;
  • for genuine political purposes, or in lawful protest or industrial action;
  • in compliance with a lawful association authority granted to the individual; or
  • at a gazetted event or gathering. 

According to a Commonwealth Parliamentary Report on Anti-Gang Laws, consorting offences have "attracted a great deal of criticism, particularly from academics, lawyers and judges because they are argued to impinge on the freedom of association." However, the use of these exceptions, it is argued in the Second Reading Speech, somewhat mitigates this issue.

Consorting Legislation in Other Jurisdictions

Victoria has followed a national trend in consorting legislation in all jurisdictions including:

  • South Australia - Serious and Organised Crime (Control) Act 2008 (13 of 2008);
  • New South Wales - Crimes (Criminal Organisations Control) Act 2012 (9 of 2012);
  • Queensland - Vicious Lawless Association Disestablishment Act 2013 (47 of 2013) and Criminal Organisation Act 2009 (53 of 2009);
  • Western Australia - Criminal Organisations Control Act 2012 (49 of 2012); and
  • Northern Territory - Serious Crime Control Act 2009 (32 of 2009).

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