Legislative Council Fifty-Fifth Parliament, First Session (55-1) 55 1 Parliament of South Australia Legislative Council published Bills Bills Criminal Law Consolidation (Street Gangs) Amendment Bill Criminal Law Consolidation (Street Gangs) Amendment Bill Criminal Law Consolidation (Street Gangs) Amendment Bill Introduction and First Reading Introduction and First Reading The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector Special Minister of State The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:28): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Serious and Organised Crime (Control) Act 2008. Read a first time. Second Reading Second Reading The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector Special Minister of State The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:29): I move: That this bill be now read a second time. The bill I introduce today is the Criminal Law Consolidation (Street Gangs) Amendment Bill 2025. On 6 March, the state government publicly announced the Young Offender Plan, aimed at strengthening laws in relation to young offenders and investing in preventative measures to divert young people from the criminal justice system. This bill is the first of two bills being developed following the release of the plan. Although South Australia has one of the lowest youth crime rates in the country, only behind the ACT, we are determined to ensure we remain ahead of the curve. As part of the Young Offender Plan, the state government committed to ensuring police had adequate tools and powers to target and disrupt the activities of street gangs and 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 youth are subject to the general law in relation to participation in criminal organisations, serious and organised crime, and consorting with convicted offenders under these acts; however, these measures have been developed primarily in response to outlaw motorcycle gangs, rather than street gangs, therefore their application to those sorts of organisations may be limited. While information suggests that street gangs tend to commit similar offences to other serious and organised groups, such as outlaw motorcycle gangs, street gangs tend to have a more fluid composition, a less structured hierarchy and a fluctuating membership. Unlike outlaw motorcycle gangs, members of street gangs can also include younger people. Accordingly, this 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 young people away from street gangs that are involved in serious criminal activity. The scheme will apply to both adults and young people who are participating in street gangs. The bill inserts a new Part 3BA into the Criminal Law Consolidation Act to set out the legislative scheme aimed at targeting and disrupting the activities of street gangs. Section 83GH(1) of the bill defines a 'street gang' to mean a group consisting of three or more persons, whose purpose, or one of their purposes, is to engage in, organise, plan, facilitate, support, or otherwise conspire to engage in serious criminal activity and who, by their association, represent an unacceptable risk to the safety, welfare or order of the community, or 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 of a declared organisation under the Serious and Organised Crime (Control) Act. The court may make a declaration in relation to a group if it is satisfied that the participants of the group associate for the purposes 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 declaration process have been carefully drafted to ensure the definition captures only those groups that are genuinely street gangs and cannot be used to capture groups of three or more adults or youths who are not. 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 have investigated many types of offences associated with street gangs, including serious violent offences, such as murder, attempted murder and serious assaults involving weapons, as well as large-scale drug offences and serious dishonesty offences, including money laundering. So, to be clear, we are talking about groups that represent an unacceptable risk to the safety, welfare and order of the community. Section 83T of the bill provides for street gang control orders, which are a modified type of an order based on control orders available under the Serious and Organised Crime (Control) Act. 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 the respondent is a participant in a street gang or has been a participant in a group that is at the time of the application a declared street gang and the respondent associates with one or more participants in the street gang, or has engaged in serious criminal activity with one or more participants in the street gang, and the making of the order is appropriate in all of the circumstances. The bill defines a participant in a street gang or other group to mean a person who asserts, declares or advertises their membership of the gang or association with the group, whether by words or conduct or any other way; seeks to be a member or to be associated with a group, whether by words or conduct or any other way; or, with the intent of engaging in, organising, planning, facilitating, supporting or otherwise engaging in criminal activity, attends more than one meeting of the 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. The definition has been adjusted in response to stakeholder feedback to ensure it does not inadvertently capture individuals who are seeking to provide positive social support, such as social workers. The definition also expressly excludes lawyers acting in a professional capacity. Where the court determines to make a street gang control order, it can make a range of different orders which may disrupt the street gang's activities, and prevent the commission of serious criminal offences. The respondent can also be prohibited from doing one or more of the following things: associating with a specific person or persons of a specified class; holding an authorisation to carry on a prescribed activity while the order remains in force; being present at, or being at 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; or engaging in other conduct of a specified kind the court considers could be relevant to the commission of a serious offence. The factors the court will consider when deciding an application for street gang control orders are also set out in the bill. The court may consider the likelihood 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 following conditions to be imposed includes the non-association condition, there are mandatory factors the court must consider. The mandatory considerations are the extent to which the order may impact on the respondent's connection with their family or 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 also help ensure that the imposition of a street gang control order does not have a disproportionate effect on minority communities, 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 from adults. For example, the appropriateness of imposing a non-association order on a youth, and the impact this has on their access to education may be assessed differently from 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 street 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 of 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 offence of recruiting a child for criminal activity in section 267AB of the Criminal Law Consolidation Act by amending the definition of a 'prescribed adult' to include an adult who is a 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 street 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 is being declared as such under section 83GA of the Criminal Law Consolidation Act. The offence carries a maximum penalty of up to three years' imprisonment. Section 83GZE of the bill creates a new offence to criminalise the association 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 Serious and Organised Crime (Control) Act. The offence carries a maximum penalty of up to two years' imprisonment. This bill was subject to both targeted and general public consultation, with the bill available on the Attorney-General Department's website, with 31 submissions received. The government has made several changes to the bill as a result of feedback received from stakeholders. In addition to consultation and feedback received on the bill, there was also a meeting with representatives from the First Nations Voice. Feedback received from the First Nations Voice during this meeting recommended that 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 to make it very clear that it does not apply to cultural symbols or symbols that are not unique to that street gang; to ensure that the definition of 'participant' does not capture people who may be providing positive 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 received. I commend the bill to members and seek leave to have the explanation of clauses inserted in Hansard without my reading it. Leave granted. Explanation of Clauses 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. Debate adjourned on motion of Hon. D.G.E. Hood.