Criminal Law Consolidation (Street Gangs) Amendment Bill

Second Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (21:52): I move:

That this bill be now read a second time.

The bill I introduce tonight is the Criminal Law Consolidation (Street Gangs) Amendment Bill 2025. On 6 March 2025, the state government publicly announced the Young Offender Plan, aimed at strengthening laws for youth offenders and investing in preventative measures to divert young people from the criminal justice system. This bill is the first of two bills developed following the release of the plan.

Although South Australia has one of the lowest youth crime rates in the country, behind only the ACT, we are determined to ensure that we remain ahead of this curve. As part of the Young Offender Plan, the state government committed to ensuring that police have adequate tools and powers to target and disrupt the activities of street gangs and to deal with young people who commit serious offences. South Australia's current legislative framework to deal with serious and organised crime is contained in the Serious and Organised Crime (Control) Act 2008, part 3B of the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

Adults and youths are subject to the general law in relation to participation in criminal organisations, serious and organised crime and consorting with convicted offenders under the CLCA, SOCCA and the SO Act. However, these measures have been developed primarily in response to outlaw motorcycle gangs (OMCGs) rather than street gangs and, therefore, their application to youths may be limited, as youths participating in OMCGs is uncommon.

While information suggests that street gangs tend to commit similar offences to other serious and organised crime groups, such as OMCGs, street gangs tend to have a more fluid composition, a less structured hierarchy and fluctuating membership. Unlike OMCGs, members of street gangs can also include youths. Accordingly, the bill proposes to create a new legislative scheme to address the risk posed to the community by the criminal activities of street gangs, with a view to diverting youths away from street gangs that are involved in serious criminal activity. The scheme will apply to both adults and youths who participate in street gangs.

The bill inserts a new part 3BA into the CLCA, to set out the legislative scheme targeting and disrupting the activities of street gangs. New section 83GH(1) defines a 'street gang' to mean:

(a) a group consisting of 3 or more persons—

(i) who have as their purpose, or 1 of their purposes, engaging in, organising, planning, facilitating, supporting, or otherwise conspiring to engage in, serious criminal activity; and

(ii) who, by their association, represent an unacceptable risk to the safety, welfare or order of the community; or

(b) a declared street gang;

The Commissioner of Police may make an application to the Supreme Court to have a group declared as a street gang in a process similar to the process for declaring a declared organisation under the SOCCA. The court may make a determination in relation to a group if satisfied that the participants in the group associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity and, by their association, represent an unacceptable risk to the safety, welfare or order of the community.

The definition of 'street gang' and the declaration process have been carefully drafted to ensure the definition captures only those groups that are genuinely street gangs and cannot be used to declare any group of three or more adults or youths as a street gang. The street gangs targeted by the bill are not simply groups of friends hanging out and getting into trouble or committing minor offences. These are organised groups of mostly young adults who associate with each other for the purpose of committing serious criminal activity.

SAPOL investigated many types of offences associated with street gangs, including serious violent offences such as murder, attempted murder, serious assaults involving weapons, as well as large-scale drug offences and serious dishonesty offences, including money laundering. To be clear, we are talking about groups that represent an unacceptable risk to the safety, welfare or order of the community. Section 83GT provides for street gang control orders, which are a modified type of order based on control orders available under the SOCCA.

A street gang control order may be made in relation to an adult or a youth who is at least 14 years of age. Pursuant to the bill, the court may make a street gang control order or an interim street gang control order if the court is satisfied that:

(a) the respondent is a participant in a street gang; or

(b) the respondent—

(i) has been a participant in a group that is, at the time of the application, a declared street gang; and

(ii) associates with 1 or more participants in a street gang; or

(c) the respondent has engaged in serious criminal activity with one or more participants in a street gang,

and that the making of the order is appropriate in the circumstances.

Mr BASHAM: Mr Speaker, I draw your attention to the state of the house.

A quorum having been formed:

The Hon. J.K. SZAKACS: The bill defines a 'participant' in a street gang or other group to mean a person who: asserts, declares or advertises their membership of, or association with, the group (whether by words or conduct or in any other way); seeks to be a member of, or to be associated with, the group (whether by words or conduct or in any way); or with the intention of engaging in, organising, planning, facilitating, supporting or otherwise engaging in criminal activity—and attends more than one meeting or gathering of persons who participate in the affairs of the group in any way; or takes part in the affairs of the group in any way.

This definition has been adjusted in response to stakeholder feedback to ensure it does not inadvertently capture individuals seeking to provide positive social supports, such as social workers. The definition also expressly excludes lawyers who are acting in a professional capacity.

Where the court determines to make a street gang order, it can make a range of different orders which may disrupt street gang activities and prevent the commission of serious criminal offences. The respondent can be prohibited from doing one or more of the following:

associating with a specific person or persons of a specific class;

holding an authorisation to carry on a prescribed activity while the order remains in force;

being present at, or being in a specified distance of a specified place or premises (or of a specified class);

possessing a specified article or weapon (or of a specified class);

carrying more than a specified amount of cash;

using or being in possession of a communication device except as may be specified;

engaging in other conduct of a specified kind that the court considers could be relevant to the commission of serious offences.

The factors that the court will consider when deciding on an application for a street gang control order are also set out in the bill. The court may consider:

the likelihood that the respondent will engage in serious criminal activity;

if the application relates to a declared street gang—any evidence as to the reasons given by the court for the making of the declaration;

the extent to which the order might assist in preventing the respondent from participating, or further participating, in a street gang;

the prior criminal record (if any) of the respondent and any person specified in the application as a person with whom the respondent associates or has associated;

any legitimate reason the respondent may have for associating with any person specified in the application; and

any other matter the court considers relevant.

Where one of the conditions to be imposed includes a non-association condition, there are mandatory factors that the court must consider. The mandatory considerations are the extent to which an order may impact on the respondent's connection with their family and culture, and the condition must not prohibit the respondent from associating with a close family member, unless the court considers it necessary, to prevent the respondent from engaging in serious criminal activity.

These mandatory considerations will help to ensure the imposition of a street gang control order does not have a disproportionate impact on Aboriginal people and culturally and linguistically diverse communities.

It is expected that, in making street gang control orders in matters where the respondent is a youth, the Youth Court will take into account the circumstances and factors that are particular to youths which may be different to adults. For example, the appropriateness of imposing a non-association condition on a youth, and the impact of this on their access to education, may be assessed differently than the impact of imposing the same condition on an adult.

The orders are intended to be a tool that can assist in steering individuals away from participation in street gangs by preventing involvement in the activities of the gangs, as well as a tool to assist police in maintaining community safety.

The bill also contains new criminal offences targeting street gang participants. Section 83GZC of the bill makes it an offence for an adult, who is a participant in a street gang, to recruit or attempt to recruit another person to become a participant of a street gang. The offence carries a maximum penalty of up to five years' imprisonment in relation to the recruitment of a child, and up to three years' imprisonment in any other case.

The bill also expands the existing offences of recruiting a child for criminal activity in section 267AB of the CLCA by amending the definition of 'prescribed adult' to include an adult who is the participant of a street gang. These two offences are squarely aimed at preventing children and youths from being recruited into street gangs and embroiled in serious criminal activity, and making sure any adult recruiting or coercing youths into joining gangs will face serious penalties.

Section 83GZD of the bill creates a new offence for a person who is the participant of a street gang, or who is subject to a street gang control order, to enter or attempt to enter a prescribed place or event that has been declared as such under section 83GA of the CLCA. The offence carries a maximum penalty of up to three years' imprisonment.

Section 83GZE of the bill creates a new offence to criminalise associations between members of declared organisations, members of criminal organisations and participants in street gangs. It also applies to people who are the subject of a street gang control order under the bill or a control order under the SOCCA. The offence carries a maximum penalty of up to two years' imprisonment.

The bill was subject to both targeted and general public consultation, with the bill available on the Attorney-General's Department website, with 31 submissions received. The government made several changes to the bill as a result of the valuable feedback received from stakeholders. In addition to consultation feedback received on the bill, the Attorney-General also met with representatives from the First Nations Voice. Feedback received from the First Nations Voice during the meeting recommended the bill be amended to:

provide that applications for street gang control orders can only be made in relation to children who are at least 14 years of age;

refine the operation of the presumption as to participation so that it does not apply to cultural symbols or symbols that are not unique to a street gang;

ensure that the definition of participant does not capture people who may be providing positive social supports to individuals in street gangs; and

ensure that only a court can make a declaration that a group is a street gang.

The government is grateful for the thoughtful and constructive submissions that were received. I commend the bill to the chamber and seek leave to insert the explanation of clauses into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Criminal Law Consolidation Act 1935

3—Insertion of Part 3BA

This clause inserts a new Part as follows:

Part 3BA—Street gangs

Division 1—Preliminary

83GH—Interpretation

This section contains definitions for the purposes of the Part.

Division 2—Declared street gangs

83GI—Commissioner may apply for declaration

This clause provides that the Commissioner of Police may apply to the Supreme Court for a declaration under this Division in relation to a group and specifies requirements in relation to such an application.

83GJ—Publication of notice of application

This clause provides that notice of an application under clause 83GI must be published in the Gazette and a newspaper circulating generally throughout the State. The notice must—

specify that an application has been made for a declaration under this Division in respect of the group; and

specify that there may be serious consequences for participants in the group and other persons if the declaration is made; and

advise interested parties of their rights in relation to making or providing submissions to the Court at the hearing of the application; and

specify the manner in which interested parties may inspect or apply to inspect a copy of the application; and

specify the date, time and place of the hearing.

83GK—Court may make declaration

The Supreme Court may make a declaration that a group is a declared street gang if satisfied that—

participants in the group associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and

participants in the group, by their association, represent an unacceptable risk to the safety, welfare or order of the community.

83GL—Notice of declaration

This clause provides that as soon as practicable after the making of a declaration of a declared street gang, the Commissioner of Police must publish notice of the declaration in the Gazette, in a newspaper circulating generally throughout the State and on a website maintained by the Commissioner.

83GM—Duration of declaration

This clause provides that a declaration made under this Division remains in force unless and until it is revoked in accordance with this Division.

83GN—Revocation of declaration

This clause provides that the Supreme Court may revoke a declaration of a group as a declared street gang on application by a person entitled to apply.

83GO—Procedure at hearings

This clause provides for procedures to be followed at the hearing of an application under clause 83GI, including the entitlement of the following persons to make oral submissions, personally or through a legal representative, and, with the permission of the Court, to provide, in accordance with any requirements of the Court, written submissions:

the Commissioner;

the group to which the application relates;

any person who is alleged in an affidavit supporting the application to be a participant or former participant in the group;

any person who is a participant or former participant in the group or other person who may be directly affected (whether or not adversely) by the outcome of the application;

any other person whom the Court considers should, in the interests of justice, be entitled to make submissions.

83GP—Making of subsequent declaration

This clause provides, for the avoidance of doubt, that nothing prevents the making of a declaration in relation to a group that has been the subject of a previous declaration which has been revoked.

83GQ—Practice and procedure

This clause provides that, in proceedings under this Division, the Supreme Court—

is not bound by the rules of evidence but may inform itself on any matter as it thinks fit; and

must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

83GR—Appeal

This clause provides that the commencement of an appeal under the Supreme Court Act 1935 against a declaration made under this Division does not, of itself, affect the operation of the declaration to which the appeal relates.

83GS—Evidentiary

This clause provides that, in any proceedings before a court, an apparently genuine document purporting to be signed by the Commissioner and to certify that a specified group was, on a specified date, a declared street gang constitutes, in the absence of proof to the contrary, proof of the matter so certified.

Division 3—Street gang control orders

83GT—Court may make street gang control order

This clause provides for the making of a street gang control order relating to a person (the respondent) by the Supreme Court or the Youth Court. The Court may make the order if satisfied that the making of the order is appropriate in the circumstances and that—

the respondent is a participant in a street gang; or

the respondent—

has been a participant in a group that is, at the time of the application, a declared street gang; and

associates with 1 or more participants in a street gang; or

the respondent has engaged in serious criminal activity with 1 or more participants in a street gang.

Proceedings under this Division will be in the Youth Court if—

the respondent is a child at the time the application initiating the proceedings is made; or

the proceedings relate to the variation or revocation of a street gang control order made by the Youth Court.

A street gang control order may prohibit the respondent from—

associating with persons;

holding an authorisation to carry on a prescribed activity;

being present at, or being in the vicinity of, a place or premises;

possessing articles or weapons;

carrying more than a specified amount of cash;

using for communication purposes, or being in possession of, a telephone, mobile phone, computer or other communication device;

engaging in other conduct that the Court considers could be relevant to the commission of serious offences.

83GU—Interim street gang control orders

This clause provides for the making of an interim street gang control order if the Court is satisfied that it is appropriate to do so in all of the circumstances.

83GV—Duration of street gang control order or interim street gang control order

A street gang control order remains in force—

for a period of 2 years or for such lesser period as may be specified in the order; or

until the order is revoked.

An interim street gang control order remains in force for a period of 6 months or for such lesser period as may be specified in the order.

Nothing prevents the Commissioner of Police from applying for a further street gang control order or interim street gang control order in respect of a respondent.

83GW—Variation or revocation

The Court may make an order varying a street gang control order (a variation order) or revoking a street gang control order (a revocation order) on application by the Commissioner or by the respondent.

83GX—Right to object if interim order made ex parte

If an interim street gang control order or interim variation order has been made without notice to the respondent, the respondent may, within 14 days of service of the interim street gang control order or interim variation order or such longer period as the Court may allow, lodge a notice of objection with the Court.

83GY—Consequential and ancillary orders

The Court may, on making a street gang control order or variation order or an interim street gang control order or variation order, make any consequential or ancillary orders it thinks fit (including orders providing for the surrender or confiscation of an article or weapon).

83GZ—Automatic revocation of order

If a street gang control order or interim street gang control order is made in relation to a person in reliance on the person's participation in a particular declared street gang or the person's association with a participant in a particular declared street gang, the order is revoked if the declaration of the street gang ceases to be in force.

83GZA—Application of Division to children

The Division applies in relation to a child in the same way as it applies to an adult but:

street gang control order may not be made in relation to a child who is under 14 years of age;

if a street gang control order is made in relation to a child (being of or over 14 years of age) information is required to be given to a parent or guardian of the child, or another prescribed person or class of person;

section 13 of the Young Offenders Act 1993 applies to proceedings for the making, variation or revocation of a street gang control order relating to a child;

the Court must satisfy itself that the child understands the nature of such proceedings;

if the child is not represented by counsel or solicitor, the Court must take certain measures to ensure the child understands the proceedings and their rights in respect of legal representation and how to obtain it.

Division 4—Offences

83GZB—Offence to contravene or fail to comply with street gang control order

A person who contravenes or fails to comply with a street gang control order or interim street gang control order is guilty of an offence punishable by a maximum of 5 years imprisonment.

83GZC—Offence to recruit persons to become participants in street gang

A person who is aged 18 years or more and a participant in a street gang who recruits, or attempts to recruit, another person to become a participant in a street gang is guilty of an offence punishable by a maximum penalty of—

if the person recruited, or attempted to have been recruited, was under the age of 18 years at the time of the offence—imprisonment for 5 years;

in any other case—imprisonment for 3 years.

83GZD—Participants in street gang entering prescribed places and attending prescribed events

This clause provides new offences whereby a person who is a participant in a street gang or is subject to a street gang control order commits an offence if they enter, or attempt to enter, a prescribed place, or attend, or attempt to attend, a prescribed event. The offences are punishable by a maximum penalty of imprisonment for 3 years.

83GZE—Criminal associations

This clause provides an offence of criminal association between persons to whom the section applies, being:

a person who is a participant in a street gang;

a person subject to a street gang control order;

a person who is a participant (within the meaning of Part 3B Division 2 of the Criminal Law Consolidation Act 1935) in a criminal organisation;

a member (within the meaning of the Serious and Organised Crime (Control) Act 2008) of a declared organisation;

a person subject to a control order under the Serious and Organised Crime (Control) Act 2008.

The offence, punishable by a maximum penalty of imprisonment for 2 years, occurs where a such a person associates with another such person on not less than 6 occasions during a period of 12 months.

Division 5—Miscellaneous

83GZF—Appeal

The commencement of an appeal under the Supreme Court Act 1935 against an order made under this Part does not, of itself, affect the operation of the order to which the appeal relates.

83GZG—Evidentiary

This clause provides for the admission of certain material in evidence in proceedings.

83GZH—Standard of proof

A question of fact to be decided by a court in proceedings under this Part (other than proceedings for an offence) is to be decided on the balance of probabilities.

83GZI—Evidence in other proceedings

If a court makes a declaration that a particular group was, at a particular time, a street gang then that group will, for the purposes of any subsequent criminal proceedings, be taken to be a street gang in the absence of proof to the contrary.

83GZJ—Service

This section provides for the service of an application, order or other document.

83GZK—Representation of unincorporated group

This section sets out how an unincorporated group may be represented in proceedings under this Part.

83GZL—Costs

Generally each party to proceedings on an application under this Part must bear the party's own costs for the proceedings, subject to certain exceptions specified in the section.

83GZM—Presumption as to participation

A person is presumed, in the absence of proof to the contrary, to be a participant in a street gang or other group at a particular time if the person is, at that time, displaying (whether on an article of clothing, as a tattoo or otherwise) the insignia of that group.

83GZN—Criminal intelligence

This clause protects information properly classified by the Commissioner of Police as criminal intelligence.

83GZO—Use of evidence or information for purposes of Act

This clause allows for the use of evidence or information obtained by the lawful exercise of powers under an Act or law (whether before or after the commencement of this section), evidence or information obtained incidentally to such an exercise of powers, and criminal intelligence for the purposes of the Part.

83GZP—Delegation

This clause provides that the Commissioner of Police—

may not delegate the function of classifying information as criminal intelligence for the purposes of this Part except to a Deputy Commissioner or Assistant Commissioner of Police; and

may not delegate any other function or power of the Commissioner under this Part except to a senior police officer.

4—Amendment of section 267AB—Recruiting etc child for criminal activity

This clause is consequential.

Schedule 1—Related amendment of Serious and Organised Crime (Control) Act 2008

1—Amendment of section 23—Senior police officer may make public safety order

This Schedule makes consequential amendments to section 23 of the Serious and Organised Crime (Control) Act 2008.

Mr TEAGUE (Heysen—Deputy Leader of the Opposition) (22:07): I rise to indicate I am the lead speaker for the opposition. The opposition supports the bill. We have just heard the minister rehearse the government's speech, and that is in circumstances where there has been thoughtful debate in another place, and I recognise the Attorney-General having introduced it not so long ago in another place. While the minister was not offending against standing order 128, it was nonetheless in circumstances where he obviously had the opportunity to seek leave to incorporate—

The Hon. J.K. Szakacs interjecting:

The SPEAKER: Minister, we just want to get out of here, so let's not have any interjections.

The Hon. J.K. Szakacs interjecting:

The SPEAKER: Minister, I warn you. I am warning you, minister.

Mr TEAGUE: Ministers have through the course of today sought and obtained leave to incorporate their contributions, as well as the explanation of clauses. That leave has been granted. In circumstances of some difficulties experienced by Hansard just now, that opportunity was afforded to the minister and it is completely within the minister's discretion to go ahead and read it out, and that is just exactly what has occurred.

It is a government speech that spells out the changes that are the subject of what this now parallel regime to what the outlaw gangs legislation did some years ago. It has traversed the constitutional issues that were associated with that regime. The point that I would highlight, as the minister has at the conclusion of the government speech, is that it has at least been through an iterative process from a draft that was circulated and there has been some response, including from key stakeholders who have expressed serious, sincere, authentic concerns about how the regime in relation to street gangs might impact on children.

The government is to be commended for its focus in the course of this parliament on increasing penalties associated with adults who recruit children to criminal enterprise. To the extent that there remains that focus, particularly on adults who do the wrong thing by children in this regard, then that ought to be a key focus. I want to recognise that it is of crucial importance to continue to work closely with those key organisations that are working to assist children who find their way into wrongdoing and, in turn, to interact in ways, the result of their behaviour that will lead them into the justice system.

We are fortunate in this state for a whole variety of reasons over a long period of time to have a police force in the South Australia Police that enjoys the confidence of the community to a very high extent, and the police are going to be central to the administration of these new offences, just as, in turn, the rest of the justice system is. It is crucially important that they undertake their duties so as to continue to maintain that high degree of confidence that the police enjoy in the community in this state.

What is clear is that there ought be no delay or equivocation when it comes to ensuring that people in South Australia are safe to be on the street, to go about their day-to-day lives, without the risk of being subjected to crime, and particularly gang crime.

There is no doubt about these laws. They are of somewhat unusual reach. It is extraordinarily important that in being of this somewhat unusual character, they are seen to be effective and so the focus is going to necessarily be on the outcomes that they are achieving and, as I say, on the greater confidence that the community can have in SAPOL and the broader justice system's capacity to administer them.

With those words I commend the bill and look forward now to the practical implementation of this new regime.

Mr DIGHTON (Black) (22:13): I am going to speak very briefly to speak on the Criminal Law Consolidation (Street Gangs) Amendment Bill. The bill supports the implementation of the Young Offender Plan, which the state government announced in March of this year, and includes the following aims: address serious repeat offending; strengthen bail and sentencing laws; invest in diversion and rehabilitation programs; and equip police with better tools to manage youth street gangs.

I want to reflect on the work of the state government a little bit. As was reported in July of this year, the number of crimes reported across the state has fallen for a 10^th consecutive month, with latest statistics showing a 5 per cent drop in reported offences. The rolling year to date to the end of May reveals theft and robbery offences decreased by 10 per cent. Year on year, there have been over 5,000 fewer theft incidents reported to SA police and just a few weeks ago new data showed that knife crimes have reduced by 4.5 per cent in the first three months of the 2025-26 year compared to 2024-25, a confirmation that the Malinauskas Labor government's toughest knife laws in the nation are a step in the right direction.

The drops in crime reflect the Labor government's continued efforts to support SA police and obviously the state budget earlier this year provides the largest boost to police funding in our state's history, with the aim to target 5,000 sworn officers by 2031.

It is important to note that South Australia has the second lowest youth offending rate in Australia; however, a small group of repeat offenders is responsible for a disproportionate amount of youth crime. In 2023-24, 20 young people accounted for 11 per cent of all Youth Court charges. So, while South Australia has a low youth crime rate, this is a Labor government that sees an issue and acts to make sure there is a proactive approach to tackling repeat offending, crime prevention and community safety.

This bill amends the Criminal Law Consolidation Act to create a new legislative scheme to target and disrupt the activities of street gangs. The scheme is similar to what is in place for outlaw motorcycle gangs, but tailored to the way that street gangs operate, as they tend to have a more fluid composition, a less structured hierarchy and fluctuating membership.

SAPOL have investigated many types of offences associated with street gangs, including murder, attempted murder, serious violent offences, such as assaults involving weapons, as well as large-scale drug offences and serious dishonesty offences. These are crimes often associated with outlaw motorcycle gangs, hence the need to make sure there are laws in place to disrupt the criminal activities of street gangs and ensure that police have appropriate powers and tools to deal with these groups.

The minister has gone through a number of the major changes, so I will not talk about them, but I do want to acknowledge that there have been some concerns raised in relation to this bill, particularly regarding rights of children and racial discrimination. I want to reiterate that the focus of this bill is actually about preventing young people and children from being involved in a life of crime by targeting the criminal organisations and gangs that are recruiting vulnerable young people.

I want to quickly conclude my remarks by saying why crime prevention is so important, particularly in the context of social cohesion. As a former legal studies teacher, I would often teach my students about the importance of social cohesion, explaining that it is about building a sense of belonging and unity within our society, with shared rights and responsibilities, values, trust and a willingness to cooperate for the common good.

Crime, in particular organised crime, has a significant impact on social cohesion. Crime does not occur in isolation. Its effects ripple through our neighbourhoods, eroding the trust, safety and solidarity that bind us together. When crime takes hold, it undermines the confidence people have in our institutions, our police, our courts and even each other. Social cohesion suffers when neighbours no longer feel safe to interact, when families withdraw from public life and when young people lose faith in the future. Crime also fuels economic decline. This is why we need to pass laws such as this one. When our communities are cohesive, they are resilient, and when they are resilient they are far less vulnerable to the corrosive effects of crime.

Mr HUGHES (Giles) (22:18): I also rise to support the bill and I take a particular interest because of my electorate. One part of my electorate, in particular, has had a range of issues when it comes to youth crime. It is not exclusively youth crime, but youth crime that has had a major impact. I am talking about Port Augusta.

The member referred to the importance of prevention. I fully agree with the importance of early intervention. If you can get to kids at an early age when we see they are going off the track, if we can intervene in families, provide the support that is necessary, we might then prevent some of these kids going on to commit the crimes that they do.

This legislation should not be seen in isolation. We have made a number of other changes to laws. We have introduced changes to legislation around bail for young people, for serious young offenders. We have introduced barring orders for people who are assaulted or abused at work, especially retail workers and others. Of course, we are doing our hardest to recruit more police. In regional communities we will be getting 80 police security officers. I think this is the first time police security officers are going to be employed in regional areas, so that will free up time for fully commissioned officers.

This piece of legislation is part of that broader jigsaw in attempting to address crime in our state. It has been said that in comparison to other states we are nowhere near in the same position as other states. Another positive in South Australia is our rate of recidivism. We perform better than the other states when it comes to people who have been to jail subsequently reoffending again, so there are a number of things that are working. The community is entitled to feel safe, and this legislative change, in conjunction with others, will assist in that. I commend the bill.

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:21): I thank members for their contributions and commend the bill to the house.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 and 2 passed.

Clause 3.

Mr TEAGUE: I might, just by way of a current worked example, invite the minister to give some indication as to how and whether or not the provision subject of this clause will have relevant effects. Perhaps if I put it this way: will Hugo Burton, the Chief Executive of Palmer Hospitality Group—which owns The Highway hotel and the Thirsty Camel, which was on the receiving end of an incident that has been reported in the press in recent days involving, reportedly, a gang of youths in the age range of 10 to 17 unleashing, according to media reports, a violent rampage at the hotel and bottle shop—remain frustrated at the result of the bill passing, or will the machinery of the bill operate effectively to render those actions potentially the subject of offences the subject of the bill?

The Hon. J.K. SZAKACS: There is nowhere near enough information before me to be able to give the member the advice that he seeks.

Mr TEAGUE: Perhaps to add a bit of information then and, if you like, take it one step back: the media reports have described a gang of youths engaged in what has been described in the media reports as a violent rampage. As I read the provisions, we are dependent upon prior application by the commissioner, generally speaking, and declaration.

In circumstances where there is violent gang-related youth crime that has caused damage and groups are identified as a result, will there or will there not be any capacity to apply the gang provisions in those circumstances? In other words, is it the case that these gang provisions apply entirely prospectively or, subsequent to the passage of the bill, will it be possible more fully to address what has been described in these reports as gangs of youths involved in rampage activities?

The Hon. J.K. SZAKACS: In addition to referring to my previous answer, I cannot give the member legal advice with facts that are contained in media reports.

Clause passed.

Remaining clause (4), schedule and long title passed.

Bill reported without amendment.

Third Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:27): I move:

That this bill be now read a third time.

In closing, I thank advisers: hardworking, diligent and supremely intelligent staff from the Attorney-General's Department who have stayed around until this very late hour at night to support me and the government in the passage of this bill.

Bill read a third time and passed.