Abstract
This paper presents a review of the key Australian legislation passed between 2009 and 2019 targeting outlaw motorcycle gangs (OMCGs). It identifies the key similarities and differences across the reforms and provides examples of the legislation being used to disrupt serious and organised crime activity by OMCGs. It also presents some of the barriers to effective enforcement of the legislation. There is limited information about the use and effectiveness of the legislation. The paper considers some of the objections raised in respect of these measures and suggests future directions for responding to OMCG-related crime.
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Notes
Earlier analysis by the NSW Ombudsman (2013) found that Aboriginal people accounted for 38% of all people issued an official warning, even though they only accounted for 2.5% of the population. The rates of Aboriginal people targeted by the consorting laws appears to be increasing. An internal memo circulated to a parliamentary committee investigating the high rates of Aboriginal incarceration in NSW, as part of a recent review by the Law Enforcement and Conduct Commission found that 40% of people subjected to the consorting laws in NSW over an 18-month period to June 2019 were Aboriginal (McGowan 2020).
RICO has been used to prosecute not just organized crime enterprises, but corruption in labour unions and other types of organizations.
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Acknowledgments
This research received financial support from the Australian Institute of Criminology. The authors are grateful to Dr. Adam Masters, Anthony Morgan, Isabella Voce and the anonymous reviewers for their comments on earlier drafts of the paper.
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Bartels, L., Henshaw, M. & Taylor, H. Cross-jurisdictional review of Australian legislation governing outlaw motorcycle gangs. Trends Organ Crim 24, 343–360 (2021). https://doi.org/10.1007/s12117-021-09407-0
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DOI: https://doi.org/10.1007/s12117-021-09407-0