Legislative Council: Tuesday, October 29, 2024

Contents

Bail Conditions

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (14:39): I seek leave to make a brief explanation prior to addressing questions to the Attorney-General regarding bail arrangements.

Leave granted.

The Hon. N.J. CENTOFANTI: In an article from The Advertiser on 23 August this year it was reported that a member of the Hells Angels bikie gang, who had earlier been arrested after allegedly meeting with other members, was granted permission to travel overseas for a holiday in Manila with his partner. Another Hells Angels member in the same case was given permission to travel to the UK, while two other members were granted permission to travel to Canberra to attend a Hells Angels meeting earlier this year. SA Police have stated that they fear that monitoring movements overseas will be difficult in terms of compliance and that allowing these variations to bail conditions sends a poor message. My questions to the Attorney are:

1. Is he aware that members of organised crime are being allowed to travel out of the state and country whilst on bail, despite having no reasonable purpose for travel?

2. What actions will he take to ensure that dangerous criminals aren't allowed to travel freely on holidays whilst they are on bail and can potentially escape from justice or cause further problems?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:40): I thank the honourable member for her question. I don't recall, but I am happy to check, this being raised with SAPOL in relation to the particular instances the honourable member refers to. Of course, bail is something that is governed by the laws we pass in this parliament and then determined in the case of police bail by the authorities and then court-ordered bail, based on the conditions we set down here.

South Australia unapologetically has by far the toughest anti-bikie laws of anywhere in the country. Merely associating with another member of an outlaw motorcycle gang can be a criminal offence in South Australia. Merely attending a premises that is a declared place for the purposes of our legislation—a known place that outlaw motorcycle gangs own or operate from—can be a criminal offence in South Australia. We have just seen in recent months, I think it was in the suburb of Pooraka, another address added to those declared places in South Australia that make it an offence for a member of an outlaw motorcycle gang to attend those places.

We have by far the toughest laws in Australia, and unapologetically so. Occasionally those laws are tested. Since this term of government we have had a High Court challenge to the validity of one of our laws, which was not found in favour of a declaration that my predecessor, the Hon. Vickie Chapman, made in relation to one of these declared places. The very afternoon that the High Court found that the former Attorney-General's declaration to be invalid, we announced legislation to fix that, which this chamber and the other chamber passed very quickly to make sure we continue to have the toughest laws anywhere in Australia.

If there are concerns in SAPOL that are raised with me, we are very open to making sure we continue to have that exceptionally tough regime that sees the excesses and the misery that are peddled on families and communities by outlaw motorcycle gangs are not nearly to the extent in this state that we see in some other states.