Crimes bill passed in NSW

In an apparent knee-jerk reaction to recent unsavoury events in NSW, including the murder at Sydney Airport, the state parliament has passed the Crimes (Criminal Organisations Control) Bill 2009, giving the police commissioner powers to have a group "declared" as a criminal enterprise.

The bill was passed by the state's Upper House on April 2, with 27 "ayes" and four "noes". In the Lower House, the only "no" came from MP Clover Moore, who has been a key driver in developing a motorcycle friendly transport plan for Sydney in her role as Lord Mayor.

The Greens put forward a number of amendments to the bill, but they did not receive support from the Labour and Liberal Parties. As a result, the bill, soon to become law, passed its second reading without amendment.

So how does the bill work? After the police commissioner applies to the Supreme Court to have a group declared:

1. There will be advertisements of the application;
2. The judge wil hear submissions;
3. The judge will declare organisation for three years if satisfied "on the balance of probabilities" members associate for "serious criminal activity" and the organisation poses a risk to public safety law and order;
4. The will be an advertisement of the declaration;
5. The Police Commissioner applies to the Supreme Court to place members of declared organisations under control orders (orders can be made in the absence of a person, based on secret hearsay evidence);
6. The order must be served on the person to take effect;
7. The control order bans person from working in certain industries;
8. The order makes it a crime to associate with other controlled persons, except with close family, or during business, training, counselling or in prison.

To read the Hansard from the bill, click here and here.