High Court challenge for VLAD

A challenge to the Queensland Government’s ruthless anti-association laws – officially the Vicious Lawless Association Disestablishment Act -- will be lodged in Australia’s High Court within weeks, with a high-profile legal team formed to fight the legislation.

The legislation, which was introduced in October, gives unprecedented power to police to take action against individuals, even if they are not current members of motorcycle clubs or have only met a club member socially.

Zeke Bentley of Brisbane-based Irish Bentley Lawyers will lead the United Motorcycle Council of Queensland’s challenge alongside Wayne Baffsky, the Sydney barrister who successfully defeated similar legislation in New South Wales.

Mr Bentley is the son of Walkley Award-winning investigative journalist David Bentley, who reported on corruption in Queensland during the Bjelke-Petersen years.

Mr Bentley said he agreed to take on the case because the laws conflicted strongly with his personal beliefs and his understanding of Australia’s constitution.

“I am not a motorcyclist, but I have witnessed first-hand what can happen when the government hands too much power to the police,” Mr Bentley said.  “I recall my father being harassed by police during the Bjelke-Petersen era. He would be ‘randomly’ breath-tested 10 to 20 times per week when he was reporting on police corruption.

“I was most concerned when one of my senior lawyers was pulled over five minutes after our first meeting to discuss the matter with barrister Wayne Baffsky. The same lawyer was pulled over three times over the following five days, including one full search of his car. No reason was provided for the random breath tests, nor the request to search his car.

“We are about to enter 2014, yet the Queensland clock seems to have been turned back to 1984.

“These laws grant huge immunities to the police for anything that happens during the execution of their duties, taking away one of the few checks and balances Queensland has on excessive force.”

Mr Bentley said while the government’s campaign had focused on bikies, his concern stemmed from the fact that the laws could be used as broadly as the government chose.

“It is crucial that the public realises that these laws are not restricted to bike clubs or their members. They apply to any group the government of the day decides to classify as unlawful, and they apply to innocent people who meet a member of an unlawful group socially,” Mr Bentley said.

“So, in Queensland, running into some bikies at the football or your kids’ school qualifies you to be thrown in jail indefinitely at the whim of the police or the government.”

Mr Bentley said the High Court challenge would also address the separation of powers as well as the retrospective nature of the legislation, which applies to any Queenslander who has ever been a motorcycle club member.

“If you were in a club in 1965, even for a few weeks and haven’t ridden since, you are still subject to these laws and have fewer rights than anyone else,” he said.

“You can be jailed indefinitely for refusing to answer police questions, and cannot work in certain industries, such as construction and security."

The United Motorcycle Council of Queensland has established a fighting fund for the High Court challenge, with donations able to be made at www.umcinc.com.au/.

The Bikesales Network will keep you posted on any developments.