Queensland Law Society

New Law Will Increase Abuse of Rights, Foster Police Corruption

Presidents of the Bar Association of Queensland and the Queensland Law Society have spoken out in opposition of the Queensland Government's introduction of a Criminal Organisation Bill, stating that such law will lead to abuses of rights and will open the door to police corruption.

Bar Association of Queensland President, Mr Michael Stewart QC, said the Government's new legislation targeting criminal organisations will allow information which would not stand up in a criminal trial and would not have to be true to obtain a Court Order.

"This is a watershed moment for the Queensland justice system, and looks like a return to the days before the Fitzgerald Inquiry," Mr Stewart QC said.

His concern is echoed by Queensland Law Society President, Mr Ian Berry, who stated "The big problem with this legislation [Criminal Organisation Bill] is that the Court can be forced to make decisions on applications based only on 'criminal intelligence' from police informants."

Mr Berry said that under the Criminal Organisation Bill the police can request the Supreme Court to declare an organisation as criminal and place 'control orders' on individuals, preventing them from associating with others, patronising certain places and holding particular jobs.

"The Government's proposed safeguards do not allow for intelligence to be confirmed, or for the police informant to be identified in any way," Mr Berry said.

He states that hearings involving 'intelligence' are to be conducted in secret, and accused persons are not permitted to hear the evidence against them.

"There is every chance that information provided to the Court could be false or misleading, and there is also the potential that such information has been manipulated [by the police]."

Mr Stewart QS highlighted the dangers of allowing police to only act on 'criminal intelligence', referring to the days before the Fitzgerald Inquiry, and more recently the Mohamed Haneef case, where not thoroughly testing police evidence "proved that it was not always right and not always used to protect the right people".

"It has been reported that the Government has stepped away from a proposal to make it an offence for anyone to associate with a member of an organisation deemed criminal, but by slight of hand the Government has kept this notion calling it a 'recruitment offence'.  These are still anti-consorting laws and open the doors to police corruption."

"The Attorney-General describes these laws as 'an extraordinary tool in the law enforcement armoury'.  My question to the Government is 'How many 'weapons of mass destruction' are needed before Queenslanders should be concerned about their safety?'" Mr Stewart QC said.