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Bikie laws: Greens move for sunset clause and greater accountability
Thursday 02 April 2009
Greens MP Lee Rhiannon is moving to amend new bikie laws to insert a two year sunset clause, as promised by the government, and require an Ombudsman's report on the laws is publicly released within this two year period. During debate, now currently underway in the NSW Upper House, Ms Rhiannon will also seek to defer debate until parliament next sits on 5 May and refer the bill to the Law and Justice Committee for scrutiny.
"The Premier has moved the goal posts on this controversial
legislation. The government's promise for a sunset clause and no
legislation until June has gone out the window," Ms Rhiannon said.
"The Greens will move to insert a two year sunset clause and require
the Ombudsman's review of the legislation is publicly available at the
end of this two year period.
Ms Rhiannon will also introduce a range of other amendments designed to
increase judicial and police accountability. They will require judges
give reasons for a decision to declare a group a criminal organisation
and rules of evidence are followed.
"This bill removes the requirement for a judge to give reasons for
their decision and for rules of evidence to be followed – key pillars
of our criminal justice system. How can a person appeal a control order
without a decision?
Other Greens amendments lift the level of proof of criminal activity
required before a judge can make a declaration and limit the duration of
control orders.
"The government is trying to dress up these laws as setting up a clear,
testable judicial process but the reality is far different.
"These laws are an affront to justice in NSW. The bill allows a judge
to make far-reaching control orders on the basis of dubious evidence,
the veracity of which cannot be tested because it is put in private.
"It will not be clear what motivations are behind the evidence being
given. Rival gangs acting as police informants will be seeking police
favour and retribution, setting the police up for manipulation.
"These laws will increase the possibility for police corruption and
innocent people being subject to control orders.
"It is a disgrace the laws have been rushed through in this way. These
are bad laws that reflect a government grasping to acquire popularity
and authority," Ms Rhiannon said.
For more information: 9230 3551, 0427 861 568
