Legislative reviews

One of our roles is to look at new laws that give police new powers. We welcome input from members of the public who are affected, or have a view. Right now, we are looking at new laws that let police:

• fine or charge a person who refuses to comply with a move on direction given because they are intoxicated and disorderly in a public place
• require a person to remove anything covering their face while the officer is identifying the person
• charge a person with consorting if they associate with convicted offenders
• seek certain orders to restrict the activities of members of criminal organisations
  

Moved on for being drunk?

One of our roles is to look at new laws that give police new powers. Right now, we are looking at new police powers to require drunk people being disorderly to move on from a public place, and to fine or charge a person who refuses to move away or returns to any public place in the next six hours.

Click here to download a fact sheet about our review.

In December 2012, we released an issues paper discussing matters relating to our review. Download the issues paper here.

SUBMISSIONS CLOSED 15 FEBRUARY 2013.

We will report our findings to the Attorney General and Minister for Police later in 2013.

Removing face coverings for identification purposes

One of our roles is to look new laws that give police new powers. Right now, we are looking at a new law that gives police the power to require a person to remove a face covering (such as a veil, niqab, helmet or mask) when confirming the person’s identity. One example is when the police ask a car to pull over and ask for the driver’s licence. It is an offence to disobey this requirement.

You can download a fact sheet about our review in English, Arabic, Bengali, Dari, Dinka, Indonesian, Somali, or Urdu through this link.

In December 2012, we released an issues paper discussing matters relating to our review. Download the issues paper here.

In footnote 11 of the issues paper, we refer to a table in which we outline laws that authorise police officers to require or request that a person give them identification documents or details. Download the table here.

An Arabic translation of the issues paper, not including the annexures, can be downloaded here.

SUBMISSIONS CLOSED 20 FEBRUARY 2013.

We will report our findings to the Attorney General and Minister for Police later in 2013.

Consorting with convicted offenders

The Crimes Amendment (Consorting and Organised Crime) Act 2012 commenced operation on 9 April 2012. The Act amends the Crimes Act 1900, replacing and clarifying the offence of consorting among other things.

The new offence of consorting requires the defendant to have consorted with at least two convicted offenders and to have consorted with each of those offenders on at least two occasions. In addition, the defendant is only guilty of an offence if he or she consorts with each offender after being warned by a police officer that consorting with those convicted offenders is an offence.

Consorting includes face to face contact and other means of communication such as electronic media.

The legislation outlines when consorting is permitted and contains a range of defences including consorting with family members, consorting in the course of lawful employment, training or education, consorting in the provision of a health service or legal advice, and consorting that occurs in lawful custody or while complying with a court order. In these circumstances the defendant must satisfy the court the consorting was reasonable.

The maximum penalty has been increased from 6 months imprisonment or 4 penalty units ($440) to 3 years imprisonment or 150 penalty units ($16,500) or both. Consorting is now an indictable offence.

The Ombudsman is required to review the consorting provisions for two years and prepare a report on their operation as soon as practicable after this period. We have commenced discussions with police about our information requirements for this review and have attended meetings of the NSWPF’s Consorting Implementation Committee.

We will be releasing an Issues Papers inviting submissions from any interested groups or individuals. Submissions can be made to review@ombo.nsw.gov.au.  

New legislation covering criminal organisations

In April 2009, the Crimes (Criminal Organisations Control) Act 2009 was introduced. It created a scheme whereby police could apply to an eligible judge to have organisations declared as ‘criminal’. Once an organisation is declared, police can apply to have interim control orders and control orders imposed on members of the organisation to make association between controlled members a crime. Authorisations to engage in specified activities, such as work within certain high risk industries, is suspended when an interim control order or a control order is in place.

In June 2011 the High Court found that the 2009 legislation was invalid. Parliament passed a new Crimes (Criminal Organisations Control) Act 2012, which came into effect on 21 March 2012. We are required to keep the related police powers under scrutiny for four years from that date.

The 2012 Act required judges to give reasons when declaring an organisation ‘criminal’. Following a High Court decision about similar legislation from Queensland, Parliament further amended the 2012 Act. Proceedings for declarations and control orders will now take place in the Supreme Court, and a public interest monitor may be appointed to participate in the proceedings. The NSW Police Force may also apply to register interstate declarations and control orders so they can be enforced in NSW.

In 2011-12 we consulted with police about our information requirements for this review and anticipate holding stakeholder consultations as the new provisions are implemented. To make a written submission about this review please email review@ombo.nsw.gov.au.

Completed legislative reviews

The reports of our completed legislative reviews can be accessed on our publications page. We keep track of the implementation of the recommendations we have made and provide updated information in our annual report.