Legal power issue: Bikie laws
- South Australia v Totani 2010 (2009 in SC)
- Introduced the Serious and Organised Crime (Control) Act 2008, which essentially forced judges to find bikies a member of a criminal organisation.
- Challenged it in SC and HC, both ruled it unconstitutional as it interfered with the powers of the courts
- Also, Wainohu v NSW 2011 overturned Crimes (Criminal Organisations Control) Act 2009 in NSW
- Vicious Lawless Association Disestablishment Act 2013 in QLD
- Challenged in Kuczborski v Queensland 2014 – HC reserved judgment so far
- Mandatory detention/declares bikie gangs as criminal organisation and all members as criminals without reasonable evidence- separation of powers infringement?
- Is the gov’t telling what the courts to do?
- Freedom of association – human rights (ICCPR) infringement?
- Hence, tension between rights to security and rights to liberty
Note: section 7 of VLAD states that:
A court sentencing a vicious lawless associate must impose all of the following offences:
15 years imprisonment without possibility of parole etc.