Rights Versus Obligations: Anti-Biker Laws in Australia

• In Event: Research Network on Biker Crime: Outlaw Motorcycle Gangs, Friends, Foes or Folk Devils?

Abstract

Australian states have responded to the threat of outlaw motorcycle gangs by producing various suites of legislation designed to inhibit or ban their operation and membership. Most of these Acts rest on some form of anti-association law, or limiting freedom of association. Other parts of the legislation include questionable procedures that impinge on human rights, such as closed hearings, the use of secret criminal intelligence for judicial determinations, mandatory sentencing and inflated penalties. Clearly there are issues with Australia breaching its obligations under the UN Declaration of Human Rights. However, Australian states are meeting our obligations under the UN Convention against Transnational Organized Crime by banning membership in criminal organizations. This paper will try to reconcile these obligations and determine if there are options to meet the latter that do not breach the former.

Authors

• Carmel O'Sullivan, Queensland University of Technology

• Mark Lauchs, Queensland University of Technology