Report: Inquiry Into the Legislative Arrangements to Outlaw Serious And

Total Page:16

File Type:pdf, Size:1020Kb

Report: Inquiry Into the Legislative Arrangements to Outlaw Serious And Parliamentary Joint Committee on the Australian Crime Commission Inquiry into the legislative arrangements to outlaw serious and organised crime groups August 2009 © Commonwealth of Australia ISBN 978-1-74229-163-5 This document was prepared by the Secretariat of the Parliamentary Joint Committee on the Australian Crime Commission and printed by the Senate Printing Unit, Parliament House, Canberra The Committee Members: Senator Steve Hutchins (Chair) Senator Sue Boyce (Deputy Chair) (from 23 February 2009) Mr Jason Wood MP (Deputy Chair) (to 23 February 2009) Senator Stephen Parry Senator Helen Polley Senator Steve Fielding Senator Guy Barnett (to 11 February 2009) Mr Nicholas Champion MP Mr Stephen Gibbons MP Mr Christopher Hayes MP The Hon. Sussan Ley MP Secretariat Dr Jacqueline Dewar, Secretary Dr Robyn Clough, Principal Research Officer Mrs Nina Boughey, Senior Research Officer Mrs Danielle Oldfield, Executive Assistant Parliament House CANBERRA Telephone: (02) 6277 3419 Facsimile: (02) 6277 5866 Email: [email protected] Internet: www.aph.gov.au/senate_acc iii iv Table of Contents The Committee .................................................................................................. iii Acronyms and abbreviations list ...................................................................... ix Chapter 1 ............................................................................................................. 1 The conduct of the inquiry ....................................................................................... 1 Terms of Reference ................................................................................................ 1 Background to the inquiry ...................................................................................... 2 Conduct of the inquiry ............................................................................................ 3 Structure of the report ............................................................................................. 3 Terminology ........................................................................................................... 4 Acknowledgements ................................................................................................ 4 Chapter 2 ............................................................................................................. 7 Overview of serious and organised crime in Australia ......................................... 7 Organised crime in Australia: a snapshot ............................................................... 7 Responding to serious and organised crime ......................................................... 15 Outlaw motorcycle gangs (OMCGS): a growing concern? ................................. 22 Conclusion ............................................................................................................ 32 Chapter 3 ........................................................................................................... 35 Existing legislative approaches to combating organised crime in Australia .... 35 Introduction .......................................................................................................... 35 Types of legislation .............................................................................................. 35 Commonwealth ..................................................................................................... 36 New South Wales ................................................................................................. 41 Victoria ................................................................................................................. 44 Queensland ........................................................................................................... 45 v Western Australia ................................................................................................. 46 South Australia ..................................................................................................... 47 Tasmania ............................................................................................................... 48 Australian Capital Territory ................................................................................. 49 Northern Territory ................................................................................................ 50 Conclusion ............................................................................................................ 51 Chapter 4 ........................................................................................................... 53 Legislation targeting participation in an organised crime group ...................... 53 Introduction .......................................................................................................... 53 Association and consorting offences .................................................................... 55 Civil orders ........................................................................................................... 62 Organised crime offences ..................................................................................... 63 Examples of specific legislative approaches ........................................................ 64 United States of America ...................................................................................... 64 Canada .................................................................................................................. 68 New Zealand ......................................................................................................... 74 United Kingdom ................................................................................................... 75 Asian examples ..................................................................................................... 78 South Australia ..................................................................................................... 79 Other states' responses to South Australian laws ................................................. 89 Conclusions .......................................................................................................... 93 Chapter 5 ........................................................................................................... 97 Confiscating the Proceeds of Crime ...................................................................... 97 Introduction .......................................................................................................... 97 Confiscation of criminal assets ............................................................................. 97 Proceeds of Crime Act 2002 (Commonwealth) ................................................... 99 Unexplained wealth provisions .......................................................................... 101 vi Measures supporting criminal assets confiscation ............................................. 118 Conclusions ........................................................................................................ 127 Chapter 6 ......................................................................................................... 129 A holistic and harmonised approach to serious and organised crime ............. 129 A coordinated approach to serious and organised crime .................................... 130 Information and intelligence sharing .................................................................. 141 International partnerships ................................................................................... 150 A supportive suite of law enforcement capabilities ........................................... 153 Resources ............................................................................................................ 156 Concluding remarks ............................................................................................ 157 Additional comments by the Liberal and Family First members of the committee ......................................................................................................... 161 APPENDIX 1 ................................................................................................... 163 List of public submissions .................................................................................... 163 Appendix 2 ....................................................................................................... 165 Public hearings and witnesses ............................................................................. 165 Appendix 3 ....................................................................................................... 171 Answers to questions on notice and additional information ............................ 171 Appendix 4 ....................................................................................................... 173 Appendix 5 ....................................................................................................... 177 Appendix 6 ....................................................................................................... 179 Appendix 7 ....................................................................................................... 181 Appendix 8 ....................................................................................................... 187 vii Appendix 9 ......................................................................................................
Recommended publications
  • Riding at the Margins
    Riding at the Margins International Media and the Construction of a Generic Outlaw Biker Identity in the South Island of New Zealand, circa 1950 – 1975. A thesis submitted in partial fulfilment of the requirements for the Degree of Master of Arts in Cultural Anthropology By David Haslett University of Canterbury Christchurch, New Zealand 2007 Abstract New Zealand has had a visible recreational motorcycle culture since the 1920s, although the forerunners of the later ‘outlaw’ motorcycle clubs really only started to emerge as loose-knit biker cliques in the 1950s. The first recognised New Zealand ‘outlaw club’, the Auckland chapter of the Californian Hell’s Angels M.C., was established on July 1961 (Veno 2003: 31). This was the Angels’ first international chapter, and only their fifth chapter overall at that time. Further outlaw clubs emerged throughout both the North and the South Island of New Zealand from the early 1960s, and were firmly established in both islands by the end of 1975. Outlaw clubs continue to flourish to this day. The basic question that motivated this thesis was how (the extent to which) international film, literature, media reports and photographic images (circa 1950 – 1975) have influenced the generic identity adopted by ‘outlaw’ motorcycle clubs in New Zealand, with particular reference to the South Island clubs. The focus of the research was on how a number of South Island New Zealand outlaw bikers interpreted international mass media representations of ‘outlaw’ biker culture between 1950 – 1975. This time span was carefully chosen after considerable research, consultation and reflection. It encompasses a period when New Zealand experienced rapid development of a global mass media, where cultural images were routinely communicated internationally in (relatively) real time.
    [Show full text]
  • A Guide for Victims of Crime in Queensland
    Department of www.justice.qld.gov.au Justice and Attorney-General A guide for victims of crime in Queensland Victim Assist Queensland Tomorrow’s Queensland: strong, green, smart, healthy and fair Section 1 Introduction Victim Assist Queensland provides assistance for victims of crime in Queensland to help them to recover from the effects of a violent crime and get their lives back on track. Victim Assist Queensland is part of the Queensland Government’s Department of Justice and Attorney-General. This booklet has been written by Victim Assist Queensland for you, the victim of crime, and your friends and family who may have been directly or indirectly affected by a violent crime. Violent crimes are not just offences like assault, robbery and murder. Violent crimes also include sexual assault or abuse, stalking and kidnapping, death caused by dangerous driving and violence that happens at home or in your family. In this booklet you will find information on support available to you, including information on where to go for counselling and legal support. You will also find information on your rights as a victim of crime and how you may be able to apply for financial assistance from Victim Assist Queensland to help cover the costs of your recovery. This booklet also aims to explain as simply as possible how the criminal justice system in Queensland works for victims of crime, from the time a crime is reported to the police to when a matter is going through court. Contents Section 1 Introduction Page 1 Section 2 The impact of violent crime
    [Show full text]
  • Prison Privatisation in Au Stralia
    The University of Sydney sydney.edu.au Associate Professor Prison Privatisation Jane Andrew, Dr Max Baker and in Australia: Dr Philip Roberts The State of the Nation 2016 Prison Privatisation in Australia: The State of the Nation Accountability, Costs, Performance and Efficiency Associate Professor Jane Andrew, Dr Max Baker and Dr Philip Roberts Contents Background 1 Purpose 2 Part 1: Prison Privatisation: The State of the Nation Findings 4 Limitations 5 Challenges for the Future 5 Part 2: Prison Privatisation: State-by-State Private Prisons in Queensland 8 Private Prisons in New South Wales 20 Private Prisons in South Australia 31 Private Prisons in Victoria 38 Private Prisons in Western Australia 49 Bibliography 60 Biographies 69 The project was partly funded by an industry partnership grant between The University of Sydney Business School and the Western Australian Prison Officers Union (WAPOU). The researchers independently determined the research design and analysis associated with this project. Neither funding body has had any influence on the findings of this report. Contact Associate Professor Jane Andrew [email protected] +61 2 90366277 Dr Max Baker [email protected] +61 2 90367084 Background Australia now imprisons more people than at any point in its history. As of June 2015, 36,134 people were incarcerated across eight states, and the national imprisonment rate stood at 196 prisoners per 100,000 people (ABS, 2015: Table 2). The total annual net cost of Australia’s prison system stands at $3.4 billion (Productivity Commission, 2014: Table 8A.12). As a result of the growth in prisoner numbers and a variety of pressures on the sector, state governments continue to look for new ways to deliver prison services that are thought to be both socially and fiscally responsible, including various forms of privatisation.
    [Show full text]
  • Notes from the Structural Trasnformation of the Public Sphere
    Communicating Courts: an Analysis of the Changing Interface Between the Courts and the Media Author Johnston, Jane Published 2005 Thesis Type Thesis (PhD Doctorate) School School of Arts, Media and Culture DOI https://doi.org/10.25904/1912/3332 Copyright Statement The author owns the copyright in this thesis, unless stated otherwise. Downloaded from http://hdl.handle.net/10072/367566 Griffith Research Online https://research-repository.griffith.edu.au Communicating courts: an analysis of the changing interface between the courts and the media Submitted by Jane Louise Johnston B Bus (Comm) MA School of Arts, Media and Culture Faculty of Arts Griffith University Submitted in fulfilment of the requirements of the degree of Doctor of Philosophy September 2004 Abstract This research investigates the changing relationship between the courts and the news media in Australia. While providing a broad historical context for this relationship, it focuses specifically on the past decade and the significant changes in communications practice within many Australian court jurisdictions. The study critically examines the role of public information officers (PIOs) in the Australian court system from 1993. It also investigates debates around experimentation with television cameras in Australian courts. It further critically examines other initiatives, undertaken by the courts through the PIO, including the development of court-media liaison committees, judgment summaries, websites and standardised request forms. This investigation brings together a range of perspectives about the court-media relationship. The findings are based on responses from 32 semi-structured interviews, conducted across seven jurisdictions in Australia over 28 months. Those interviewed include judges, PIOs, television reporters, news directors and newspaper reporters.
    [Show full text]
  • One Percent Motorcycle Clubs: Has the Media Constructed a Moral Panic in Kalgoorlie-Boulder, Western Australia? Dr Kira J Harris, Charles Sturt University
    Charles Sturt University From the SelectedWorks of Dr Kira J Harris 2009 One Percent Motorcycle Clubs: Has the Media Constructed a Moral Panic in Kalgoorlie-Boulder, Western Australia? Dr Kira J Harris, Charles Sturt University Available at: https://works.bepress.com/kira_harris/20/ One Percent Motorcycle Clubs: Has the Media Constructed a Moral Panic in Kalgoorlie-Boulder, Western Australia? Kira Jade Harris BA(Psych), GradCertCrimnlgy&Just, GradDipCrimnlgy&Just, MCrimJus Faculty of Business and Law Edith Cowan University 2009 ii USE OF THESIS This copy is the property of Edith Cowan University. However, the literary rights of the author must also be respected. If any passage from this thesis is quoted or closely paraphrased in a paper or written work prepared by the user, the source of the passage must be acknowledged in the work. If the user desires to publish a paper or written work containing passages copied or closely paraphrased from this thesis, which passages would in total constitute an infringing copy for the purpose of the Copyright Act, he or she must first obtain the written permission of the author to do so. iii Abstract The purpose of this study was to evaluate an instrument designed to assess the influence of the media on opinions regarding the one percent motorcycle clubs in Kalgoorlie-Boulder, establishing whether the media had incited a moral panic towards the clubs. The concept of the moral panic, developed by Stanley Cohen (1972), is the widespread fear towards a social group by events that are overrepresented and exaggerated. Exploring the concept of a moral panic towards the one percent sub-culture, this study compares the perceptions from two groups of non-members in Kalgoorlie-Boulder.
    [Show full text]
  • Questions Without Notice Friday,2 November
    Questions without Notice 2 November 1984 ASSEMBLY 1781 Friday,2 November 1984 COSTIGAN ROYAL COMMISSION REPORT The SPEAKER (the Hon. C. T. Edmunds) Mr ROSS-EDWARDS (Leader of the took the chair at 10.35 a.m. and read the National Party)-I refer the Premier to the prayer. many recommendations made by Mr Cos­ tigan in his report regarding legislative changes, which are necessary and urgent, QUESTIONS WITHOUT NOTICE and the fact that ready acceptance of those recommendations was reached in principle by the Premier. In the light of those recom­ FEDERAL GOVERNMENT mendations, will the Premier give further PAMPHLET ON SCHOOLS consideration to this Parliament meeting in Mr JONA (Hawthorn)-On my last day's the first fortnight of December to bring sitting in Parliament, I raise with the Min­ about these legislative changes. I refer him ister of Education the 2015th issue I have to four particular areas where the need is raised in this Parliament, over the past 21 obvious: The Lotteries Gaming and Betting years. I ask the Minister whether he is aware Act, the Crimes Act, the Building Societies that the Federal Government pamphlet Act and the Bail Act. entitled "Improving Australian Schools" has Mr CAIN (Premier)-The Government been banned by the Western Australian responded quickly to the recommendations Labor Government for distribution within that were made. As I recollect, some 24 of Government schools in that State on the those recommendations affected Victoria ground that it is mere Federal election solely or in part, and the Government made propaganda, and that there have been moves decisions in respect of some eighteen of to ban the distribution of that booklet in them.
    [Show full text]
  • Project KRYSTAL a Strategic Assessment of Organised Crime In
    Queensland Crime Commission Queensland Police Service I~CC Crime Commi"ion Project KRYSTAL A Strategic Assessment of Organised Crime in Queensland JUNE 1999 PUBLIC INFORMATION PAPER The Queensland Crime Commission is charged pursuant to Section 28 (l)(e) ofthe Crime Commission Act 1997 with responsibility for the maintenance ofan effective intelligence service about organised crime and the monitoring of collected intelligence data with a view to forecasting trends in organised crime. Queensland Crime Commission and Queensland Police Service, 1999 lSB~: 0-646-37622-5 Queensland Crime Commission Level 2 Unisys House 147 Coronation Drive Milton Qld 4064 GPO Box 3123 Brisbane Qld 4001 Tel.: (07) 3238 4100 Fax.: (07) 3238 4111 E-mail: [email protected] ii Queensland Crime Commission - Queensland Police Service CONTENTS Abbreviations............................................................................... v Acknowledgements........................................................................ vi Foreword..................................................................................... vii Executive summary........................................................................ ix 1 Introduction............................................................................ 1 Purpose.............................. 1 Methodology. .... .......... ........................... .. ................... ... .. ... .. 1 Parameters ...................................................................... 2 Overview ofchapters .........................................
    [Show full text]
  • A Guide for Victims of Crime in Queensland
    Department of Justice and Attorney-General Victim Assist Queensland A guide for Victims of Crime in Queensland 5825_VAQ_Guide for Victims of Crime A5 BOOKLET.indd 1 13/10/17 10:30 am My important contacts Victim Assist Queensland | 1300 546 587 (Monday–Friday 8.30am – 5.00pm except public holidays) Email | [email protected] For a free interpreting service call: 13 14 50 and ask for Victim Assist Queensland My application number is My Victim Coordination Officer is Queensland Police | 13 14 44 (Policelink for non-urgent enquiries) My local police station My police contact (arresting officer) My police report number is QP Queensland Health Victim Support Service | 1800 208 005 My Victim Support Coordinator is Legal Aid Queensland | 1300 651 188 My Legal Aid contact is Other contacts and important notes A guide for victims of crime in Queensland | 5825_VAQ_Guide for Victims of Crime A5 BOOKLET.indd 2 13/10/17 10:30 am Section 1 Introduction Introduction Victim Assist Queensland (Victim Assist) provides help for victims of crime in Queensland to help them recover from the effects of violent crime and get their lives back on track. Victim Assist is part of the Queensland Department of Justice and Attorney-General. This booklet is a guide for people affected by a violent crime, as well as their family and friends. Violent crimes can include assault, robbery, murder, sexual assault, child abuse, stalking and kidnapping and dangerous driving causing death and serious injury. It also includes victims who have suffered injuries as a result of Domestic and Family Violence (DFV), including those who have suffered emotional or economic abuse.
    [Show full text]
  • South Australia Juvenile Justice and Criminal Justice Research on Conferencing and Sentencing
    SAJJ-CJ South Australia Juvenile Justice and Criminal Justice Research on Conferencing and Sentencing Technical Report No. 3 3rd Edition Sexual Assault Archival Study (SAAS): An Archival Study of Sexual Offence Cases Disposed in Youth Court and by Conference and Formal Caution in South Australia by Kathleen Daly, Project Director Brigitte Bouhours Sarah Curtis-Fawley with the assistance of Leanne Weber Rita Scholl Revised, Expanded, and Updated July 2007 1 SAJJ-CJ Technical Report No. 3, 3rd Edition Preface to the Third Edition This third edition of Technical Report No. 3 updates the second edition published in September 2005 (Daly et al. 2005). It describes studies that has been carried out and completed since the second edition and gives up to date citations to recently published papers. Unlike the second edition, this edition does not introduce new results. In December 2003, we published the first edition of Technical Report No. 3 (Daly et al. 2003a), which described the materials gathered and how they were coded, and presented selected results from the Sexual Assault Archival Study (SAAS) in the Final Report (Daly et al. 2003b). During 2004, after further cleaning of the data, the dataset was revised. The revisions were prompted by an analysis of sentencing remarks for 55 finalised, judge-sentenced court cases. The remarks revealed some inaccuracies in the data we had received from the South Australia Justice Data Warehouse for cases that went to trial, and they filled some gaps in the court’s Certificates of Record and the Police Apprehension Reports. The changes made to the dataset had a negligible effect on the results presented in early publications (Daly 2005a; Daly and Curtis-Fawley 2005).
    [Show full text]
  • Mudrooroo: a Likely Story
    Mudrooroo: A Likely Story Identity and Belonging in Postcolonial Australia A thesis submitted in fulfilment of the requirements for the award of the degree Doctor of Philosophy from UNIVERSITY OF WOLLONGONG by Maureen Clark, B.A. (Hons. First Class) Faculty of Arts 2003 Contents Acknowledgments Abstract Introduction i Part I I. Mudrooroo.author 1 II. A Question of Belonging Somewhere 19 III. The Death of the Mother 58 Part II IV. Belonging Nowhere: The Wildcat Trilogy 76 V. Vampirising Oppositional Histories: Long Live Sandawara 122 VI. Shared Histories and Shifting Identities: Doctor Wooreddy’s Prescription for Enduring the Ending of the World 156 VII. Spectral Paradise: The Kwinkan 188 VIII. Violent Histories of Identity and Belonging: Master of the Ghost Dreaming 216 IX. Seductive (In)human(e) Entanglements: 242 The Vampire Trilogy Conclusion 290 Bibliography 303 Acknowledgments A culturally sensitive project such as this could never have been undertaken without the help and support of a number of people. I should like to say here that I am indebted in particular to the unfailingly generous efforts and encouragement of my supervisor Associate Professor Gerry Turcotte, during what has sometimes been an emotionally fraught journey. For his magnanimous responses to my draft chapters, I am also grateful to my second supervisor Associate Professor Paul Sharrad, from whose wise counsel and suggestions I have consistently benefited. Mrs. Betty Polglaze, Mudrooroo’s older sister, deserves special mention and appreciation. The trust she and other members of her family have afforded me during the time taken to complete this work is beyond measure. I would also like to thank Nyoongar Elder Rosemary van den Berg, Head of Aboriginal Studies at Curtin University of Technology Pat Dudgeon, as well as Nyoongar women Glenda Kickett and Tracey Kickett.
    [Show full text]
  • Cutting Costs and Reducing Reoffending Redesigning Private Prison Contracts for Better Results
    September 2019 CUTTING COSTS AND REDUCING REOFFENDING REDESIGNING PRIVATE PRISON CONTRACTS FOR BETTER RESULTS Institute of Public Aairs CRIMINALJUSTICE Project Andrew Bushnell, Research Fellow Contents Executive summary 3 Introduction 6 1. Key facts: private prisons in Australia 8 2. Incentive design 14 3. Competition 20 4. The case for the reform 26 Conclusion 32 References 33 2 Institute of Public Affairs www.ipa.org.au Executive summary Key messages Criminal justice reform is about making communities safer by reducing crime and reoffending, reforming punishment for nonviolent and low risk offenders, and eliminating waste. Focusing scarce resources on violent criminals and recidivists will improve community safety. Private prisons are responsible for almost one fifth of Australian prison capacity and therefore have a key role in breaking the cycle of offending. Governments can focus private prison operators on this task by tying their profits to their performance in reducing recidivism, measured in simple and absolute terms that are consistent across all prisons and reported publicly. The goal must be to make rehabilitation and cost reduction integral to the business model of prisons by moving from privatisation to marketisation, so that all prisons (private and public) are subject to competitive pressure regarding their performance in rehabilitating offenders. Narrative Australia has a growing prison population and incarceration rate. This has led to massive costs: $15 billion annually on criminal justice, including $4 billion on prisons alone. However, despite this expenditure, almost half of those incarcerated will return to prison within two years of their release. Recidivism is therefore a key driver of the trend towards mass incarceration.
    [Show full text]
  • Outlaw Motorcycle Clubs and Organized Crime
    Klaus von Lampe and Arjan Blokland Outlaw Motorcycle Clubs and Organized Crime ABSTRACT Outlaw motorcycle clubs have spread across the globe. Their members have been associated with serious crime, and law enforcement often perceives them to be a form of organized crime. Outlaw bikers are disproportionately engaged in crime, but the role of the club itself in these crimes remains unclear. Three scenarios describe possible relations between clubs and the crimes of their members. In the “bad apple” scenario, members individually engage in crime; club membership may offer advantages in enabling and facilitating offending. In the “club within a club” scenario, members engage in crimes separate from the club, but because of the number of members involved, including high-ranking members, the club itself appears to be taking part. The club can be said to function as a criminal organization only when the formal organizational chain of command takes part in organization of the crime, lower level members regard senior members’ leadership in the crime as legitimate, and the crime is generally understood as “club business.” All three scenarios may play out simultaneously within one club with regard to different crimes. Fact and fiction interweave concerning the origins, evolution, and prac- tices of outlaw motorcycle clubs. What Mario Puzo’s (1969) acclaimed novel The Godfather and Francis Ford Coppola’s follow-up film trilogy did for public and mafiosi perceptions of the mafia, Hunter S. Thompson’s Electronically published June 3, 2020 Klaus von Lampe is professor of criminology at the Berlin School of Economics and Law. Arjan Blokland is professor of criminology and criminal justice at Leiden University, Obel Foundation visiting professor at Aalborg University, and senior researcher at the Netherlands Institute for the Study of Crime and Law Enforcement.
    [Show full text]