Queensland Government's new regime to tackle serious organised crime in Queensland, in all its forms
The Serious and Organised Crime Legislation Amendment Act 2016 (the Act) was passed by the Queensland Legislative Assembly on 29 November 2016 and received assent on 9 December 2016. All of the initiatives have now commenced.
The Act introduces an integrated package of criminal law reforms designed to combat organised crime in all its forms. These reforms include:
- new offences to combat modern organised criminal activity
- new penalty regimes to appropriately punish offenders and encourage co-operation with law enforcement agencies
- a preventative civil order scheme designed to proactively protect community safety.
Explanatory notes for the legislation are available.
Fact sheets and flow charts explaining how key elements in the new regime work are available.
- Factsheet 1 - Organised crime control orders
- Factsheet 2 - Habitually consorting
- Factsheet 3A, 3B & 3C - Restricted premises orders
- Factsheet 4A & 4B - Public safety orders
- Factsheet 5A & 5B - Fortification removal orders
- Organised crime flowchart
The Act is the Government’s legislative response to three reviews commissioned by the Government into organised crime and publicly released on 4 April 2016:
- The Government Response to the Report of the Queensland Organised Crime Commission of Inquiry
- The Report of the Taskforce on Organised Crime Legislation
- The Review of the Criminal Organisation Act 2009
The Government Response to the Report of the Queensland Organised Crime Commission of Inquiry
The Queensland Organised Crime Commission of Inquiry (the Commission) commenced on 1 May 2015 to make inquiry into the extent and nature of organised crime in Queensland and its economic and societal impacts. Mr Michael Byrne QC was appointed as Commissioner to lead the Inquiry.
On 30 October 2015, Mr Byrne QC presented the Commission’s Report to the Premier. The Report is available here . It contains 43 recommendations.
The Government Response is available here .
The Report of the Taskforce on Organised Crime Legislation
The Taskforce on Organised Crime Legislation (the Taskforce) complements the work of the Commission. The terms of reference required the Taskforce to review the legislative provisions, introduced and passed by Parliament in 2013, targeting organised crime and to note the Queensland Government’s intention to repeal, and replace the legislation whether by substantial amendment and/or new legislation.
The Taskforce commenced in June 2015 and was chaired by the Honourable Alan Wilson QC, former Justice of the Supreme Court of Queensland and the membership reflected a broad range of expertise, including police officers, and the legal profession.
On 31 March 2016, Mr Wilson QC presented the Taskforce’s Report to the Attorney-General. The Taskforce report makes 60 recommendations proposing the repeal of the greater part of the 2013 suite of legislation and in its place the implementation of a renewed Organised Crime Framework.
The Report is available here .
The Review of the Criminal Organisation Act 2009
On 2 October 2015, the Honourable Alan Wilson QC was also tasked with reviewing the operation of the Criminal Organisation Act 2009, in accordance with the requirement in that Act that it be reviewed as soon as practicable after five years after its commencement. The object of the review was to decide whether the Criminal Organisation Act 2009 is operating effectively and meeting its objects.
On 15 December 2015, Mr Wilson QC presented the Review of the Criminal Organisation Act 2009 to the Attorney-General. The Review is available here .