Queensland VLAD law changes recommended by review taskforce

QUEENSLAND’S VLAD laws would be scrapped and the anti-association provisions enforced by the former Newman Government replaced under a widespread overhaul recommended by the state’s bikie laws review taskforce report.

• VLAD laws: Queensland Government’s plan for change
• VLAD laws: Secret CCC submission to review

QUEENSLAND’S VLAD laws would be scrapped and the anti-association provisions enforced by the former Newman Government replaced under a widespread overhaul recommended by the state’s bikie laws review taskforce report

Control orders could also be placed on bikies or others considered to be participating in organised crime instead while the bail provisions forcing bikies to show cause would be scrapped, if the recommendations of the taskforce, led by retired Justice Alan Wilson, are accepted.

About 60 recommendations have been made, with the Palaszczuk Government vowing a $37.4 million boost to police and prosecution resources.

Under a control order, criminals would be subject to strict conditions including who they can and cannot associate with.

Justice Wilson has warned the government the current suite of laws may not survive a future High Court challenge and has instead recommended the state look to New South Wales and implement laws in use there that have already survived a challenge, like the its anti-consorting laws, which could replace Queensland’s anti-association provisions.

The Wilson report recommends the government consider alternatives to the VLAD sentencing regime including inserting a new Serious Organised Crime circumstance of aggravation into the Criminal Code meaning bikies found guilty of a crime could potentially serve a greater percent of their sentence and be subject to a control order once released.

Other alternatives mooted include forcing bikies to serve their entire sentence without parole and then be placed on a control order once released.

Police have also recommended their own VLAD alternative, with a maximum penalty of an extra 15 years rather than 15 to 25 years.

“The VLAD Act, perhaps more so than any other change to our criminal laws of recent times has had, and continues to have, a polarising effect on Queenslanders,” Justice Wilson’s report states.

His report raised concerns that someone deemed a vicious lawless associate and facing an extra 15 to 25 years who did not have information to share would not be able to mitigate their sentence.

Segregation orders designed to keep bikies away from the general prison population as well as each other should also be scrapped according to the Wilson report.

Since 2013 about 22 prisoners have been subject to a segregation order with 12 such orders still currently active.

It has also recommended provisions designed to keep bikies out of clubs and pubs be retained but the penalties amended.

But the taskforce has rejected the government’s election commitment to introduce a serious organised crime offence, saying it would not be necessary if a serious organised crime circumstance of aggravation is introduced as recommended by the taskforce.

It also recommends the Attorney-General no longer have the power to declare organisations as criminal without any form of review.