Crime and Public Integrity Policy Committee: Legislation Pertaining to Serious and Organised Crime

The Hon. F. PANGALLO (16:13): I move:

That the report of the committee be noted.

On Wednesday 3 February 2021, the committee resolved of its own motion to commence the inquiry, and we have managed to progress it to completion across the course of the year. The terms of reference for the inquiry required the committee to inquire into and consider the operation of a number of acts, as amended, pursuant to a suite of reforms undertaken in 2012, seeking to address the activities of criminal organisations, their members and associates and, as identified in the committee's functions, set out in the Parliamentary Committees Act.

The committee received two submissions, one remaining unpublished, and five public hearings were held. Of note, the committee previously received evidence in 2015 and 2016 in respect of the operation of the Serious and Organised Crime (Control) Act and in respect of the Serious and Organised Crime (Unexplained Wealth) Act. The committee was of the view that such observations might continue to be relevant to its current deliberations. The committee was of the view that the suite of legislation, as amended in 2012 and later further amended in 2015, disrupts or restricts the activities of organisations involved in serious and organised crime.

Part 3B of the Criminal Law Consolidation Act is suppressing the public activities of such organisations, in particular outlaw motorcycle gangs and the intimidation and manifestations of violence associated with them. No persons not involved in serious crime appear to have been affected by the amendments to an unreasonable extent. This is not to say that criminal organisations are not operating in South Australia.

Other legislation, as set out in section 3 of the report, also sets out a range of limitations upon persons who are members or associates of criminal organisations beyond the legislation the subject of review. These provisions, for example, restrict the activities of members of criminal organisations or their associates from involvement in industries such as hydroponics, tattooing or liquor licensing, and the presence of gang members on licensed premises. It was also in the context of such further provisions that the effect of the legislation for review must also be considered.

Four recommendations result from the committee's work. The committee recommends that the minister give consideration to repeal of the control order provisions set out in the control act. No applications have been made for such orders since the well-known Totani decisions in 2009 and 2010, and it was considered unlikely that such orders would be sought.

Part 3B of the Criminal Law Consolidation Act now sets out effective provisions for the regulation of the association of members and associates of criminal organisations, and the evidence suggested that control orders are no longer required. The option to make public safety orders would continue to be available.

The committee's second recommendation is to the parliament, being that it give consideration to the establishment of a joint committee to inquire into and report on the potential benefits and issues associated with the legalisation of recreational use of cannabis in South Australia, including to examine the outcomes of such reforms in Canada and in a number of jurisdictions in the United States.

It appeared to the committee that there are challenges for prohibitive legislation seeking only to disrupt the supply of illicit drugs. Such laws do not appear to adequately recognise the demand for such products, or the lucrative nature of the trade. The committee was also of the view that it is time for other approaches to be given consideration. The committee considered this to provide an opportunity for a broad discussion of the potential outcomes of such a reform in a public forum, which includes the potential to significantly disrupt the activities of organisations involved in serious crime.

The committee thirdly recommends that the minister give consideration to re-establishment of the functions of the Office of Crime Statistics and Research, a former office within the Attorney-General's Department, and to give consideration to the introduction of a requirement to track the use of provisions where an act requires that its operation be reviewed on the passage of a period of time.

It was noted that there can be limited available statistical information regarding the operation of legislation, which can limit the opportunity for effective discussion of policy outcomes, and options for improvement. The committee was, however, satisfied with the evidence in terms of both opinion and anecdotal evidence, suggesting that the entire suite of laws the subject of this review are disrupting and restricting the activities of criminal organisations.

The committee's final recommendation is that the minister give consideration to reviewing treatment options available to persons with drug dependency issues and the causes of drug dependency. Again, this recommendation recognises that policies seeking to disrupt criminal organisations involved in the illicit drug trade might best seek to limit demand for the products they seek to provide.

The committee commends a holistic approach to addressing serious drug offending and to the disruption of the activities of organisations involved in their supply. In conclusion, I thank our executive research officer, Mr Ben Cranwell, who continues to provide valuable assistance to the committee's inquiry work.

I would like to thank the members of the committee for their contributions to the inquiry: firstly, to those former members who ceased to be so during the course of the inquiry, the Hon. David Ridgway, who is now our Agent-General in London, and the Hon. Dan Cregan, member for Kavel, now Speaker in the other place; to those members appointed during the course of the inquiry, the Hon. Heidi Girolamo and the member for Heysen, Mr Josh Teague, who it must be said on the basis of his recent appointment had only limited opportunity to contribute to the inquiry; and to those members who contributed throughout the course of the inquiry, the Hon. Justin Hanson and, from the other place, the member for West Torrens, the Hon. Tom Koutsantonis, and the member for Davenport, Mr Steve Murray. Each member contributed enormously to the deliberations of the committee. I commend the report to the council.

Debate adjourned on motion of Hon. T.J. Stephens.