United Motorcycle Council NSW

Press Release-UMC NSW

The Crimes (Criminal Organisation Control) Act 2009 – Misconceptions, Cost to the Community

The UMC NSW notes that in recent reports it has been acknowledged that Crimes (Criminal Organisation Control) Act 2009 is not just for motorcycle clubs and could be used on any group of two or more individuals.  We also note from feedback to published articles, that, the public appears to be less supportive of the act as more about its workings becomes known.

There are, however, a number of areas where more detailed scrutiny of the act and its history may clear up some misconceptions.

It has been widely reported that the act was rushed through parliament after the tragic incident at the airport on 22 March 2009.

While this is technically correct, and the act was passed without proper scrutiny and due process, it should be noted that laws of this type have been in the making for much longer. South Australia passed its version through the Legislative Assembly in May 2008. It would be naive to think that the State Police Commissioners and Attorneys General had not discussed this type of legislation prior to this. It is worth noting that the Federal Attorney General has also moved to relieve his state counterparts of some of their power and avoid undermining the independence of the legal profession.

Another misconception propagated by recent media reports is that the act could stop motorcycle clubs wearing their club colours.

The Act doesn’t refer to motorcycle clubs or even OMCGs as the police call them. If a motorcycle club is “declared” and some of its members subjected to control orders, there is nothing to stop them wearing club insignia. In fact the members not under control orders would not be affected. A controlled member could still attend a club meeting as long as no other controlled member was present.

The government has provided the NSW Police with an important new weapon in the fight against crime.

In fact if a controlled individual is caught associating with another controlled individual from the same declared organisation, crime has been created not diminished. It is also unreasonable to expect that IF two or more alleged criminals were suddenly unable to associate that they would also suddenly see the error of their ways and go straight.

There are safeguards in place to prevent innocent people being affected by the act.

Barry Collier MP, the Parliamentary Secretary assisting the Attorney General has written in response to concerns about the legislation –

“It should be noted that in order to declare a group a criminal organisation, the Judge must be satisfied that members of the organisation associate for the purpose of organising, planning facilitating, supporting or engaging in serious criminal activity.”

He also says that -

“Normal, non criminal organisations are incapable of meeting such criteria and as such will not be declared criminal organisations under the Act.”

Unfortunately, this argument requires that the Judge selected by the Attorney General be not only of the highest integrity but also be somewhat of a psychic as this is the only way he could consider the defendant organisation / individual’s argument against secret evidence presented by the police. Another disturbing aspect is that there is absolutely no protection against a false or malicious application for a declaration, except of course for those making the application. 

The UMC NSW is also concerned about the waste of public money. Money, which would be much better spent on hospitals, schools and other infrastructure 

Club events are over policed and due to the timing (normally weekends) there would be a considerable overtime bill. On many occasions there is also helicopter support.

The return on this investment is a couple of traffic infringement fines and video or photographs of people and number plates.

The police call this intelligence, you do the maths.

Raptor has a full time squad of some 50-80 officers (was 125 at one stage).

Nine solicitors have been working full time for the past three months on preparing a case against the Hells Angels.

The crown solicitor’s office will run the case against the Hells Angels.

Tax payers should also look forward to paying for the Crown Solicitors office to run the case, and if successful, countless hours of surveillance in order to catch people breaching anti association orders. Each controlled person would have to be watched 24/7 and all electronic devices capable of any type of transmission that these people come into contact with during the course of their daily lives would need to be monitored.

This will presumably be followed by more court costs to convict controlled persons of a breach of the act and then at least $210.48¹ per person per day to jail them.

For a single breach, the cost of the maximum sentence would be upwards of $307,300 (2 people x $210.48 for two years)

Add to all of this the quite possible costs of keeping 2 x families in public housing and on benefits whilst the bread winner is locked up.

Businesses may also be forced to close due to a controlled individual being unable to work in industries prescribed under the act. Innocent employees may be left out of work with their families undoubtedly made to suffer.

¹ For example, the average daily expenditure on a prisoner in NSW was $210.48 in the 2007‐2008 period or $76,825.20/year.

http://www.lawyersalliance.com.au/documents/public_affairs/nsw_prison_privatisation_2009.pdf

http://www.theaustralian.com.au/news/nation/hells-angel-to-go-to-high-court-over-nsw-police-bid-to-outlaw-gang/story-e6frg6nf-1225896079589

http://news.smh.com.au/breaking-news-national/hells-angel-wants-outlaw-act-outlawed-20100723-10nw4.html

http://www.smh.com.au/nsw/hells-angels-challenge-antibikie-laws-in-court-20100722-10mzz.html

http://www.smh.com.au/nsw/hells-angels-high-court-challenge-delays-police-bid-to-outlaw-club-20100723-10nwi.html

http://www.abc.net.au/news/stories/2010/07/23/2962214.htm?section=justin

For more information visit   www.umcnsw.org