UQ’s Dr Andreas Schloenhardt cautions police and legislators to not adopt ill-conceived reactionary measures to recent gang related violence despite the renewed calls for tougher action.
Dr Schloenhardt, a senior lecturer at UQ's TC Beirne School of Law, said that the call for the introduction of South Australia’s now infamous Serious and Organised Crime Act 2008 to other States is not the solution; instead a carefully developed and meaningful response to organised crime in Australia is needed.
“By adopting the South Australian Act, there is little that can stop the Attorney-General from banning a local bowling club or the opposition party if he feels they pose a public safety risk,” he said.
“The legislation has inadequate review mechanisms. A better response would be one that aims at the key directors and financiers of criminal organisations and targets the wealth accumulated from drug trafficking, migrant smuggling, trafficking in persons, loan sharking, and other types of organised crime. The Canadian Criminal Code provisions and the US RICO laws provide good examples. “
The Serious and Organised Crime Act 2008 (SA) introduced radical new measures to outlaw criminal organisations and prohibit any deliberate association with them and their members. The legislation allows the Attorney General to declare ‘a criminal bikie gang an outlaw organisation’ on the basis of police intelligence and hold ‘gang members who engage in acts of violence that threaten and intimidate the public’ liable for serious offences.
Proposals to introduce similar laws in Queensland in 2007 failed. Other States fear that the heavy-handed approach in Adelaide may lead some criminal organisations to go further underground and/or relocate across the border, especially into Victoria, New South Wales, and the Northern Territory.
The concern over the South Australian laws has led the federal government to conduct a parliamentary inquiry into anti-organised crime laws. Findings from this report are expected later this year.
Dr Andreas Schloenhardt is Associate Professor at The University of Queensland’s TC Beirne School of Law. He is currently involved in a study of organised crime offences in Australia and the Asia Pacific region.
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