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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-03-24 Daily Xml
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Ministerial Statement

FINKS MOTORCYCLE CLUB

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (14:05): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.J. ATKINSON: Last month I advised the house that in December I received the first ever application from the South Australian Police Commissioner to declare an organisation under the newly created Serious and Organised Crime (Control) Act 2008. I have been asked to consider declaring the Finks Motorcycle Club under part 2 of the legislation. I told the house that the application is supported by a statutory declaration that outlines the evidence that police rely upon in making the application. I will not repeat the particulars that set out the background to the application.

As required by the act I published a notice and invited the public to make submissions about the application for a declaration of the Finks Motorcycle Club. I have also acted carefully to comply with the principles of procedural fairness required by common law. For example, I wrote to people who have been identified as members or ex-members of the Finks Motorcycle Club in the statutory declaration providing them with further opportunity to make submissions about the application.

I gave members and ex-members the opportunity for their solicitors to attend my office and read the statutory declaration redacted to admit criminal intelligence and material withheld on the basis of public interest immunity. In the application, 48 persons are named by the police commissioner. To date, I have received 41 written submissions on the application.

It is now my view that it is appropriate that I invite the police commissioner to comment on the submissions made by those representing those named in the application as Finks. Late Friday afternoon Assistant Commissioner Tony Harrison advised me that he would provide a response to those submissions as soon as possible. When I receive the assistant commissioner's response I may have to take additional steps if I think it necessary. Although I will not canvass submissions received in this place, I have noted that the thrust of many is concern about the extent to which I may be satisfied of and give weight to assertions contained in the commissioner's application.

Lawyers representing those named as Finks have not provided me with any evidence through their submissions. I have assured the lawyers that I will take account of the submissions. I have also explained to interested parties that it is in the public interest that the application currently before me be determined soon. Having said that, I intend to be thorough and meet the requirements of due process. On that basis, I have given their lawyers the opportunity to place any evidence before me swiftly.

To make a declaration I must be satisfied that a case has been made out for an organisation to be declared under the act. I may make such a declaration if I am satisfied that members of the organisation 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.

As I have previously stated, this is not a foregone conclusion. If I make a declaration, I must, as soon as practicable, publish notice of the declaration in the Government Gazette and in a newspaper circulating throughout the state.

I await the response from the commissioner and lawyers representing those named in the application as Finks, and I am concerned that the application be brought to a conclusion soon.

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