Call our lawyers
now
or,
have our lawyers
call you
Bikie Laws Challenge Rejected by High Court
Updated on Aug 23, 2022 • 4 min read • 209 views • Copy Link
Bikie Laws Challenge Rejected by High Court
The United Motorcycle Council (UMC) has vowed not to stop attempting to overturn Queensland’s Vicious Lawless Association Disestablishment (VLAD) laws, after the High Court rejected their recent challenge. Stefan Kuczborski filed a claim in the High Court in March 2014, backed by the UMC. The arguments to the High Court centred around their belief that the VLAD laws were an attack on their freedom of speech, and the right to associate. They maintain that the laws were an abuse of the judiciary system by Parliament to destroy their organisations, stating that the laws are at odds with the Constitution. However, the High Court rejected these arguments stating that the laws did not require the courts to do any more than exercise their judicial power. The High Court also found that Kuczborski didn’t have the standing to challenge the validity of the VLAD laws, and as such these laws can be challenged in the future.
What were the laws being challenged?
Kuczborski’s claim in the High Court was aimed at challenging the validity of certain sections in the Criminal Code 1899, the Liquor Act 1992, Vicious Lawless Association Disestablishment Act 2013, and the Bail Act 1980. The provisions of these Acts revolve around being a participant, or wearing symbols of membership of a declared criminal organisation, and increased penalties for existing offences if those charged were part of a declared criminal organisation. The Bail Act was also amended with stricter conditions for the grant of bail. The High Court found that since Kuczborski hadn’t been charged with any offences relating to these Acts, nor was he suggesting that he was going to commit such offences, he did not have the standing to be making a claim as to their validity. However, the High Court did uphold the new offences created in the Tattoo Parlours Act 2013, and the offences created by the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013. These offences relate to when three or more participants in a declared criminal organisation meet in public, and offences involving carrying or displaying membership.
Why are the VLAD Laws so controversial?
The VLAD laws are controversial as some believe that they restrict freedom of association, and on one view a person is being deemed to be guilty by association, without actually committing an offence. The new laws though of course make the association an offence if the club is on the list of declared criminal organisations. There are also concerns that the new laws will see innocent people being affected, and possibly harassed, because of who they chose to associate with. The other side of the argument is that the laws protect the community, and will make the streets safer, without the fear of violence or intimidation. The Vlad laws are designed to disestablish associations that foster, encourage, or support people who commit serious offences; increase public safety and security by the disestablishment of the associations; and deny to people who commit serious offences the assistance and support gained from their association with others. The Qld Opposition has vowed to repeal the VLAD laws saying that they are unworkable, while the UMC states they are going to keep fighting as they feel that their member’s jobs, and lives, are on the line as a result of the laws.
Will other states follow suit?
It is believed that the High Court ruling will enable other states to feel more confident about implementing similar laws. The Commonwealth and most of the states and territories all showed their support to Queensland during the High Court proceedings, backing the legislation that has been implemented, with South Australia and the Northern Territory indicating that they would consider following Queensland’s lead.
Laura Turner
Senior Associate
Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Sylvie Maranis a Finalist in Women in Law Awards
Go To Court Lawyers is proud to announce that one of our Legal Practice Directors, Sylvie Maranis, has been named a finalist in the Lawyers Weekly Women in Law Awards 2020 in the category of Wellness Advocate of the Year. Sylvie works in our Melbourne office, where she where she is ....
Posted in:
Blog
Criminal Law
What is the ASIO Powers Amendment Bill?
The ASIO Powers Amendment Bill is currently before the House of Representatives. It is a bill, introduced by the Minister for Home Affairs, to amend the legislation governing the powers of arrest, questioning, search and seizure exercised by ASIO. Among others things, the bill proposes empowering ASIO to issue arrest ....
Posted in:
Australia
Criminal Law
Relaxing of Coronavirus Emergency Restrictions (Vic)
Please note that this post was published on 14 May 2020. The information on this page is no longer accurate. On 30th March 2020, the Victorian government put in place strict emergency restrictions in an attempt to limit the spread of the Coronavirus. On 1 June 2020, these restrictions were ....
Posted in:
Criminal Law
Victoria
Easing of COVID-19 Restrictions (NSW)
Please note that this article was published on 12 May 2020. The information on this page is no longer accurate. From 1 June 2020, the Stage One COVID-19 restrictions in New South Wales will be relaxed. The restrictions have been in place since May and were imposed under orders by ....
Posted in:
Criminal Law
New South Wales
Excessive Hardship Because of COVID-19 and Residential Leases (Qld)
Please note that the legislation referred to on this page is no longer in force. On 24 April 2020, the Queensland government passed the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation. The Regulation makes temporary changes to the Queensland Residential Tenancies Act to make allowances for tenants suffering ....
Posted in:
Civil Law
Queensland
Court Appearances and COVID-19 (WA)
Each Australian state and territory has made different changes to its court processes due to the COVID-19 crisis. While some jurisdictions have adjourned all but the most urgent court matters, others are continuing to operate their courts but doing so in a way that incorporates social distancing requirements set out ....
Posted in:
Criminal Law
Western Australia
George Pell Acquitted by High Court
On 7 April 2020 the High Court granted former Cardinal George Pell leave to appeal against the decision of the Victorian Court of Appeal to uphold the jury’s findings of guilt against the Cardinal in December 2018. After hearing his appeal, the High Court found that the jury ought to ....
Posted in:
Criminal Law
Victoria
Self-Isolation Restrictions and Penalties (Vic)
The Public Health and Wellbeing Act 2008 (the PHW Act) was enacted with the purpose of promoting and protecting public health in Victoria. It contains provisions that allow the State Government, and its Chief Health Officer, to make directions in response to public health concerns of national and international importance. ....
Posted in:
Criminal Law
Victoria
In January 2017, a Melbourne man drove his car through the busy Bourke Street mall, killing six people and injuring many more. After it came to light that the man had been on bail in relation to other offences at the time the tragedies occurred, Victoria’s bail laws were reformed ....
Posted in:
Criminal Law
Victoria
Due to the COVID-19 crisis, courts in many locations are changing the way they operate and are keeping personal appearances to a minimum. New South Wales courts have adopted the practice of holding all court appearance by phone or video conference, except where there are exceptional circumstances. This article will ....
Posted in:
Criminal Law
New South Wales
Coronavirus and Court Appearances (Qld)
Attending court in person is generally mandatory in any court matter with appearances by phone or video conference reserved for when there are exceptional circumstances. However, due to the Coronavirus court appearances by phone and video are to become the new normal, with appearances in person limited to urgent matters. ....
Posted in:
Criminal Law
Queensland
Strip Searches of Minors (NSW)
Concerns are being raised about the legality and appropriateness of strip searches carried out on minors by New South Wales police. The issue has come to light after Redfern Legal Centre obtained data on strip searches conducted in the last three years, revealing that there were 122 strip searches of ....
Posted in:
Court Lawyers
Criminal Law
New South Wales