NSW Ombudsman recommends scrapping outlaw motorcycle gang law
- The Australian
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Legislation which allows NSW police to ask the state’s Supreme Court to declare organisations such as outlaw motorcycle gangs “criminal organisations” should be scrapped because its requirements are “onerous, resource-intensive” and prevent police from making applications.
That is the sole recommendation in a NSW Ombudsman’s report released yesterday, which also revealed the police ceased making applications in 2015 and don’t intend to make any more.
The legislation was introduced in 2009, and was used in pursuit of the Hells Angels Motorcycle Club in 2010. A long-term member of the club took a case to the High Court, and the legislation was changed to make it more difficult to use.
It makes it a criminal offence for members of criminal organisations to associate with each other. Since 2009, the police have taken a number of steps to obtain declarations against organisations, including establishing the Criminal Organisation Unit, but no applications have been made under the amended legislation, which has been in effect since 2012.
The legislation prohibits certain civilian witnesses and undercover police officers from participating in hearings, with police finding the majority of witnesses approached were reluctant to assist.
Police Commissioner Andrew Scipione told the Ombudsman as part of the review that the police were working with the government to “determine the effectiveness of the (legislation)” and in the meantime were employing “alternative measures that are working effectively to target the criminal activities of (outlaw motorcycle gangs) and other organised crime groups”.
A government spokeswoman said that the report’s recommendation would be considered.