The Queensland State Government has passed the Vicious Lawless Association Disestablishment Act 2013 (“the Act“) which has the potential to have far reaching consequences on every individual and group, not just bikies.

Under the Act harsh penalties are applied to any person deemed a “Vicious Lawless Associate”.

This article discusses some of the issues arising from this Act and concerns towards public rights.

“These laws will not just possibly impact upon everyday ordinary citizens, but are more than likely to than not. Despite the intention to not affect law abiding citizens the reality is that the laws could impact upon sporting clubs, other extra circular organisations and workplaces. This could be extremely problematic for these innocent persons as the legislation is extremely strict.

The alleged offender must in fact prove that they are not a “Vicious Lawless Associate” and their innocence rather than the prosecution proving the elements of the charge. This goes against the whole notion that our criminal law/justice system is founded, the concept that a person is innocent until proven guilty.”

Who Is A Vicious Lawless Associate?

Any person who satisfies the following three conditions:

1. A person who commits a declared offence: Some of the offences listed in schedule 1 of the Act, include –
   1. dangerous operation of a vehicle,
   2. affray (fighting in public),
   3. grievous bodily harm,
   4. a bomb hoax,
   5. receiving tainted property,
   6. attempted robbery,
   7. procuring sexual acts by coercion, etc., and
   8. various sexual offences.
2. If they are a participant in the affairs of a relevant association at the time of committing the offence or in the course of the commission of the offence.  A relevant association is not limited to any bikie organisation – it is so broad that it can be any company, association, sporting club, or any group consisting of three or more persons.  Examples could include religious groups, book clubs, swimming groups, RSL’s, leisure bike riders and classic automobile clubs.
3. The offence was committed in the course of participating in the affairs of the relevant association

What Is the Sentencing Under the Act?

A mandatory sentencing regime is introduced in this legislation. Section 7 of the Act imposes that any person defined as a “Vicious Lawless Associate” will automatically serve 15 years in prison (in addition to the standard sentence), if they are an office bearer they will be required to serve a further ten years in prison (in addition to the standard sentence).

The penalty under this Act means that even if the individual is not sentenced to imprisonment for their original offence they are required to serve a mandatory additional sentence of between 15 or 25 years imprisonment (without the ability for parole).

“The whole process has been too rushed with little scrutiny. An example could include, players in two sporting groups enter into an argument resulting in players being arrested for affray. However, instead of just receiving a fine because they were participating in the affairs of a team in an official function they receive a mandatory sentence of 15 years. It would have to be up to the defence to prove that participating in fights is not one of the purposes of the sporting club.

Generally no club or group promotes themselves as being engaged in criminal activities as their purpose.  Accordingly, even innocent sporting groups, fight clubs, automobile enthusiast clubs etc. would all have to prove that no part of their group functions to perform any illegal activity.  There have already been errors found with the drafting.  The original drafting stated that it was illegal for three people who took part in the affairs of the organisation in any other way to be together in public. This would have meant that a lawyer accompanying their client would have been committing an offence. This has now been rectified but simply exemplifies the fact that the process has been too hasty.”

Quinn & Scattini Lawyers believes there needed to have been extensive public debate before passing the Act, however in the interests of ensuring people are not disproportionately punished, the Government should now take immediate steps to engage all key stakeholders to discuss urgent amendments that might be necessary to the Act.

How We Can Help

If you have been charged with a criminal offence we strongly recommend you seek legal advice from our experienced criminal lawyers. Our criminal lawyers have assisted many individuals defend charges.

Our team have the experience and expertise to obtain the best possible outcome.

As one of our clients said “Invest in the best. Q&S“.

Contact Us

Get the best representation. Contact Quinn & Scattini Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.