House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-06-18 Daily Xml

Contents

SERIOUS AND ORGANISED CRIME (CONTROL) ACT

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (15:17): I seek leave to make a ministerial statement.

Leave granted.

Ms Chapman interjecting:

The Hon. M.J. ATKINSON: I was asked by the Iranian community to dress in black for the rally.

Members interjecting:

The SPEAKER: The Attorney-General has been given leave.

The Hon. M.J. ATKINSON: All done, all finished? On Thursday 14 May, I announced in this place that I had declared the Finks Motorcycle Club under the Rann government's Serious and Organised Crime (Control) Act 2008 because I had formed the view, after considering evidence put before me by SA Police, that members of the Finks associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity and that the organisation represents a risk to public safety and order in this state. Part 6 of the act requires that, before 1 July each year, I must appoint a—

Members interjecting:

The SPEAKER: Order!

The Hon. M.J. ATKINSON: —retired judicial officer to conduct a review to determine whether authority under this act were exercised in an appropriate manner. A report of the review must be presented to me before 30 September and I must, within 12 sitting days of receipt of the report, cause copies to be laid before this and the other place.

A judicial officer, as defined by the act, is a person appointed as a judge of the Supreme Court or the District Court or a person appointed as a judge of another state or territory or the commonwealth.

The appointment of a retired judicial officer is important in ensuring the public and the parliament's confidence in the transparency of the operation of this legislation. Those detractors who have formed the view that this legislation is unnecessary and an attack on the civil liberties of South Australians should take comfort in the oversight of a former judge of the operation of the legislation.

Today I can inform the house that I have appointed Mr Alan Moss to conduct the review of the exercise of powers under the Serious and Organised Crime (Control) Act 2008. Mr Moss is a former judge of the District Court of South Australia and was the senior judge of the Youth Court. He has held the positions of magistrate, chief magistrate, assistant and deputy crown solicitor, assistant crown prosecutor and has acted as a deputy coroner. Mr Moss has extensive experience and is highly regarded.

Mr Moss is currently the presiding member of the Independent Gambling Authority. He has previous experience conducting reviews and inquiries for government including, in 2007, an extensive review of the Shop Trading Hours Act 1977. I hope that all in this house would welcome his appointment to conduct this most important review.