Outlaw Motorcycle Gangs and Australian Law

This assignment delves into the complex legal landscape surrounding outlaw motorcycle gangs (OMGs) within Australia. It examines the effectiveness of current legislation aimed at controlling OMG activity, analyzes the strategies employed by law enforcement agencies to combat their operations, and explores the challenges faced in regulating these groups due to factors like secrecy, violence, and evolving criminal activities.

Running head: ORGANIZED CRIME
Organize Crime
Name of the Student
Name of the University
Author Note

1ORGANIZED CRIME
Australian Organized crime is multi-sided and insidious in nature. It includes a
innumerable activities complicated in nature such as illegal drug importation, bribery, large-scale
organized fraud and money laundering1. It has been long recognized that the corrupted pubic
officials seek organized crimes. It not only involves huge economic and social expenses but also
include expenses related to public health, lost productivity, public welfare and other social
issues.
According to the observations of the Minister of Justice and Customs, the crime in
Australia has an adverse impact on the lives of several people. It affects every facet of the lives
of the Australian citizen from the deaths of the addicts on the street to the financial loss; from the
additional taxing of the court and the law enforcement procedures to the exploitation of markets.
Despite the impact of the organized crime on the Australian citizens, it is not easy to define
organized crime2. In the contemporary era, the organized crimes in Australia portray
entrepreneurial, opportunistic and fluid affiliations of criminals where associations form and
dissolve for special activities3.
The purpose and goal of organized crime shall always remain to earn profit as was
recently observed by the Director of Public Prosecutions, Nicholas Cowdery QC of New South
Wales. He stated that crime has a pattern influenced by social circumstances. Nevertheless,
crimes relating personal greed and violence in one form or another takes place frequently. There
is a constant growth in adopting advanced and new technologies to carry out illegal activities4.
An increase in internet exploitation and other modern technologies aims at affecting the society
1 Australian Crime Commission. "Organised crime in Australia 2015." (2015).
2 Mann, Monique. "New public management and the ‘business’ of policing organised crime in Australia."
Criminology & Criminal Justice 17.4 (2017): 382-400.
3 Bouchard, M. A. R. T. I. N., and C. A. R. L. O. Morselli. "Opportunistic structures of organized crime." The
Oxford handbook of organized crime (2014): 288-302.
4 Martin, Greg. "Outlaw motorcycle gangs and secret evidence: Reflections on the use of criminal intelligence in the
control of serious organised crime in Australia." Sydney L. Rev. 36 (2014): 501.

2ORGANIZED CRIME
through illegal activities such as cybercrime and online frauds and the theft of personal identity
information that are stored in an electronically form. These illegal activities have a significant
effect on the wellbeing of the societies and families all over Australia. Such activities removes
huge amount of money from the economy of the country that could otherwise be used to invest
on services, hospitals, roads and schools.
In the present Australian environment, the serious organized crime is making use of the
following three essential capabilities. Firstly, the organized criminals have established
themselves to be experts in exploiting and indentifying new and advanced technologies to carry
out the crimes. The modern technologies have enabled the criminals to maintain distance from
their crimes, which ultimately, makes it difficult for the law enforcement to detect and identify
such criminals. Secondly, the ability of the criminals to mask any form of criminal activities by
combining into legitimate markets5. Since, organized crimes have become entwined with the
social, political, economic environment, it has developed innovative procedures in infiltrating
genuine industries to filter considerable criminal profits. Thirdly, organized crime is necessarily
global and transnational in nature as the criminals are highly resourceful professional and
financially stable. These criminals obtain high advice including financial and legal advice, which
permits them to escape detection or take advantage of the gaps within the regulatory and
legislative regimes, both nationally and internationally.
The Vicious Lawless Association Disestablishment Act 2013 known as the VLAD Act
has been subjected to criticisms on the ground that the name of the Act was emotively charged
and portrayed narrowness of the ambit of the Act6.
5 Leong, Angela Veng Mei. The disruption of international organised crime: an analysis of legal and non-legal
strategies. Routledge, 2016.
6 Paoli, Letizia, ed. The Oxford handbook of organized crime. Oxford Handbooks, 2014.

3ORGANIZED CRIME
The VLAD laws confer upon the police commissioner, discretionary power to add a
mandatory 25 years of imprisonment for the crimes that are committed by criminals with the
help of criminal gangs thus, signifying failure of judicial system. Further, the Queenslanders
reported about incline in bike related crimes, subsequent to the enactment of the VLAD laws,
which aimed at disestablishing associations that encourages or supports persons who are
involved in commission of serious offences7.
The Rule of Law Institute of Australia (ROLIA) highly criticized the VLAD laws stating
that the title of the Vicious Lawless Association Disestablishment Act is insignificant while
dealing with serious matters8. The ROLIA stated that it is a fact that organized crime is a
significant issue, which requires immediate and effective response from the Australian
government, but the VLAD laws cannot be considered as an effective and appropriate response
to eliminate the issues arising from organized crimes.
The ROLIA further asserted that the primary concern related to the VLAD laws was the
use of the term ‘vicious lawless associate’ that was used for persons who were convicted under
the statute, which amounted to contempt of the rule of proportionality in sentencing. The statute
incorporates provisions that penalizes for commission of minor crimes, sentencing someone 25
years of imprisonment for petty crimes such as possession of small-scale drugs9. The use of law
to impose excessive mandatory sentences with the purpose to achieve the political objectives of
the Australian Parliament is not at all compatible with the implementation of the rule of law in
the country10. A law that considers ‘association’ as the basis for awarding an additional sentence
7 Tilley, Nick, and Aiden Sidebottom, eds. Handbook of crime prevention and community safety. Taylor & Francis,
2017.
8 Newburn, Tim. "Literature review: police integrity and corruption." (2015).
9 Barker, Thomas. Outlaw motorcycle gangs as organized crime groups. Springer International Publishing, 2014.
10 Lavorgna, Anita. "Organised crime goes online: realities and challenges." Journal of Money Laundering Control
18.2 (2015): 153-168.

4ORGANIZED CRIME
along with the main sentence is clearly disproportionate in nature. The public shall certainly not
favor punishments that are excessive and are not proportionate to the crime committed by the
accused rather they will lose their confidence and faith in the legal system in administering
justice11.
The Constitution of Queensland refers to the rule of law, which mandates an impartial
and independent judiciary. The enactment of the VLAD statute is evidence of the fact that it was
enacted without undertaking any research regarding the existing laws relating to organized crime
and whether there was a necessity of incorporating measures that are excessive and not
proportionate to the crimes actually committed by the OMCGs.
The Taskforce of Queensland on Organized Crime Legislation, which played a
significant role in reviewing the several anti-bikie laws and anti-organized crimes and report on
their efficiency and have made recommendations regarding repealing or replacing the VLAD
laws with a new ‘serious organized crime’ offense12. The Taskforce report is similar to ROLIA
report regarding the name of the VLAD, that was criticized in Kuczborski v Queensland [2014]
HCA 46, where both ROLIA and the Taskforce considered the term ‘vicious lawless
association’ as poorly defined. The intent of the Parliament while passing the statute was that the
statute would demonstrate its political objective, which is to deal with the criminal gangs,
however, it proved to be misleading in two ways13. Firstly, it has a narrow focus on the statute
than the focus that was required to be given on the statutory provisions. Secondly, during trial, it
shall divert the attention of the jury from the issues that they are required to decide which is to
11 Bain, Andrew, and Mark Lauchs. Understanding the Outlaw Motorcycle Gangs: International Perspectives.
Carolina Academic Press, 2016.
12 Lauchs, Mark, Andy Bain, and Peter Bell. Outlaw motorcycle gangs: A theoretical perspective. Springer, 2015.
13 Marlatt, Greta E. "Outlaw Motorcycle Gangs (OMG): A Brief Bibliography." (2015).

5ORGANIZED CRIME
determine whether any serious offences were committed, that jeopardize public security and
safety.
The growing threat posed by the organized crime has no regard to state or even national
borders, which calls for a collaborative and coordinated national response14. However, the
national programs or policies that are developed by the Australian government to combat such
organized crimes often face hindrances to the effective implementation of such policies and
programs. The public officials who are responsible for implementing such policies usually place
their own interests before the interests and welfare of the public. The public officials who are
usually conferred with the responsibility to act as agents of the public15. Police are considered as
an essential part of the Australian justice system and play a leading role in maintaining social
peace, stability and cohesion. Hence, a good and effective policing responsible for good
governance but there shall always remain a small group of officers who are corrupted.
The police officials usually are drawn to corruption as they had ability to enforce or
ignore the police and law and police who are under financial stress or are unethical often
becomes vulnerable to offers of illegal payments16. An organized police corruption, which is a
division of organized crime, intensifies the situation as it tends to threaten the community by
weakening good governance. Organized police corruption refers to a social behavior that is
conducted in groups within organizations, which is sufficiently powerful to supersede the oath
taken by the officer, criminal laws and departmental regulations17.
14 Barker, Thomas. Biker gangs and transnational organized crime. Routledge, 2014.
15 Sarre, Rick. "Recent legal developments in Australia." Australian & New Zealand Journal of Criminology 49.1
(2016): 152-156.
16 Martin, Greg. "Outlaw motorcycle gangs and secret evidence: Reflections on the use of criminal intelligence in the
control of serious organised crime in Australia." Sydney L. Rev. 36 (2014): 501.
17 Lister, Stuart, and Michael Rowe, eds. Accountability of policing. Vol. 29. Routledge, 2015.

6ORGANIZED CRIME
The parochial interests of state/local based police forces is more dangerous than the
conduct committed by organized criminals as collaboration between the polices officials and the
criminals give the police officials an opportunity to multiply the income that is paid by the
government18. The politicians are responsible to manipulate the police officers in showing that
there is a decline in the crime rates. This way the politicians earn public confidence by
establishing that they have succeeded in keeping their promise of minimizing the crime rate in
the community. The ordinary people falls prey to the long-established tactics applied by the
politicians and the public officials, which includes appeals to ignorance, fear and emotion. The
unachievable promises to provide what is wished by the ordinary people, half-truths, lies,
distractions and omissions are some of the tactics exercised by the politicians through the police
officials19.
The ambitious politicians who seeks for political and publicity advantage usually uses
law and order to achieve their advantage. This ‘law and order’ crisis permits the government to
reinforce electoral support through the extreme legislations and the tough talks. The government
of Queensland declares any conduct and any group as illegal without considering fundamental
grounds like fair trial, presumption of innocence and proof beyond reasonable doubt and imposes
penalties that are not proportionate to the crimes committed20.
In regards to the bikie legislation implemented in Queensland have been subjected to two
significant objections. Firstly, the VLAD Laws confines the power of the courts to grant bail to
the bikies who are charged with refused bail. They are remanded in custody until the time they
18 Miller, Seumas. "Human rights, police corruption and anti-corruption systems for police organisations."
Australian Journal of Human Rights 20.2 (2014): 165-180.
19 Warner, Kate. "Sentencing review 2013-2014." Criminal Law Journal 38.6 (2014): 364-379.
20 Briody, Michael. "Establishing the Crime and Corruption Commission: The reformation of Queensland's premier
crime-fighting agency." Journal of Policing, Intelligence and Counter Terrorism 10.2 (2015): 136-152.

7ORGANIZED CRIME
are tried and may be acquitted. Secondly, the law requires the court to impose penalties that are
not proportionate to the crimes committed by the OMCGs to the extent that they are often
sentenced 25 years of imprisonment21. Further, the ‘bikies’ who are taken on remand in custody
pending trial an those who have a chance to be acquitted are often routinely locked up in their
cells in solitary confinement for 22 hours a day. They are locked up for such long hours without
any justified and tested information, which is provided by police to the Corrective Services
Department. The ‘bikies’ whose conduct does not amount to anything that jeopardizes the safety
and security of the public or the community are also locked up for hours without any relevant
information or evidence22.
A renowned Supreme Court Judge, Justice Applegarth, has widely asserted that
‘solitary confinement’ severely affects mental health of the person subjected to solitary
confinement23. The United Nation has decided to abolish solitary confinement, which is justified
only when there is an urgent need to subject a convict to such solitary confinement24. However,
such solitary confinement can be awarded under the exception that it is awarded for a restricted
period, as it is inconsistent with the article 10(1) of the International Covenant on Civil and
Political Rights of which Australia is a party25. The arrogant and the corrupted politicians
manipulate the law and order of the country to realize their objective, which is to maintain their
position, even if takes to put the lives of millions of people at stake. The corrupted public
21 Lauchs, Mark, Andy Bain, and Peter Bell. Outlaw motorcycle gangs: A theoretical perspective. Springer, 2015.
22 Barker, Thomas. "Conclusion-Organized Criminals Without Borders." Outlaw Motorcycle Gangs as Organized
Crime Groups. Springer International Publishing, 2014. 53-55.
23 Fitzgerald, Michael. "President's report: Counting the costs: Standards of good practice." Proctor, The 35.5 (2015):
3.
24 Laurie, Neil. "Parliament, executive and the courts: Laws of separation, conventions of mutual respect and
outstanding flashpoints." Australasian Parliamentary Review 30.2 (2015): 132.
25 Stobbs, Nigel, Lisa Kleinau, and Shelley Kolstad. "‘Structuring’judicial sentencing discretion: consistency,
guidance or pandering to the punitive?." Alternative Law Journal 39.3 (2014): 156-158.

8ORGANIZED CRIME
officials also make their contribution in ensuring that their personal interests and benefits are
placed over the welfare of the country and its fellow citizens.
From the above discussions, it can be inferred that if the recommendations of the
taskforce of Queensland is to be considered, the VLAD laws that has been passed to prevent the
growing OMCGs, shall be replaced with new legislations that would actually be successful in
minimizing the commission of crimes by the OMCGs. This can be achieved if the new
legislations that would be implemented ensure that the statutory provisions would be strong in its
operations and legally forceful. The implementation of the anti-bikie laws in Queensland have
failed to affect the overall crime trends and the police service in Queensland have reported that
despite laws in force for two years approximately, the purpose of the statute has not been
achieved yet26.
The convicted person is then imposed with a punishment, which is proportionate to the
crime committed by the accused person unlike the present anti-bikie laws27. It is therefore, highly
recommended by the Taskforce that new laws should be implemented that penalizes convicted
offenders and those who are associated with other criminals unlike the present VLAD laws of
Queensland that treats all the members as criminal offenders irrespective of their criminality.
Reference list
Australian Crime Commission. "Organised crime in Australia 2015." (2015).
Ayling, Julie M. "Preventing organised crime Australian-style." (2016).
26 Isdale, William, and Graeme Orr. "Pathologies in Queensland law-making: repairing political
constitutionalism." Griffith Journal of Law & Human Dignity 2.1 (2014).
27 Ayling, Julie M. "Preventing organised crime Australian-style." (2016).

9ORGANIZED CRIME
Ayling, Julie. "Combating Organized Crime Aussie-Style: From Law Enforcement to
Prevention." Contemporary Organized Crime. Springer, Cham, 2017. 189-212.
Bain, Andrew, and Mark Lauchs. Understanding the Outlaw Motorcycle Gangs: International
Perspectives. Carolina Academic Press, 2016.
Barker, Thomas. "Conclusion-Organized Criminals Without Borders." Outlaw Motorcycle
Gangs as Organized Crime Groups. Springer International Publishing, 2014. 53-55.
Barker, Thomas. Biker gangs and transnational organized crime. Routledge, 2014.
Barker, Thomas. Outlaw motorcycle gangs as organized crime groups. Springer International
Publishing, 2014.
Bouchard, M. A. R. T. I. N., and C. A. R. L. O. Morselli. "Opportunistic structures of organized
crime." The Oxford handbook of organized crime (2014): 288-302.
Briody, Michael. "Establishing the Crime and Corruption Commission: The reformation of
Queensland's premier crime-fighting agency." Journal of Policing, Intelligence and Counter
Terrorism 10.2 (2015): 136-152.
Collins, Geraldine. "President's page: Civil rights under attack." Precedent (Sydney, NSW) 121
(2014): 3.
Fitzgerald, Michael. "President's report: Counting the costs: Standards of good practice." Proctor,
The 35.5 (2015): 3.

10ORGANIZED CRIME
Goldsworthy, Terry, and Laura McGillivray. "An examination of outlaw motorcycle gangs and
their involvement in the illicit drug market and the effectiveness of anti-association legislative
responses." International Journal of Drug Policy 41 (2017): 110-117.
Isdale, William, and Graeme Orr. "Pathologies in Queensland law-making: repairing political
constitutionalism." Griffith Journal of Law & Human Dignity 2.1 (2014).
Lauchs, Mark, Andy Bain, and Peter Bell. "Political responses." Outlaw motorcycle gangs: a
theoretical perspective. Palgrave Macmillan UK, 2015. 70-88.
Lauchs, Mark, Andy Bain, and Peter Bell. Outlaw motorcycle gangs: A theoretical perspective.
Springer, 2015.
Laurie, Neil. "Parliament, executive and the courts: Laws of separation, conventions of mutual
respect and outstanding flashpoints." Australasian Parliamentary Review 30.2 (2015): 132.
Lavorgna, Anita. "Organised crime goes online: realities and challenges." Journal of Money
Laundering Control 18.2 (2015): 153-168.
Leong, Angela Veng Mei. The disruption of international organised crime: an analysis of legal
and non-legal strategies. Routledge, 2016.
Lister, Stuart, and Michael Rowe, eds. Accountability of policing. Vol. 29. Routledge, 2015.
Mann, Monique. "New public management and the ‘business’ of policing organised crime in
Australia." Criminology & Criminal Justice 17.4 (2017): 382-400.
Marlatt, Greta E. "Outlaw Motorcycle Gangs (OMG): A Brief Bibliography." (2015).

11ORGANIZED CRIME
Martin, Greg. "Outlaw motorcycle gangs and secret evidence: Reflections on the use of criminal
intelligence in the control of serious organised crime in Australia." Sydney L. Rev. 36 (2014):
501.
Martin, Greg. "Outlaw motorcycle gangs and secret evidence: Reflections on the use of criminal
intelligence in the control of serious organised crime in Australia." Sydney L. Rev. 36 (2014):
501.
Miller, Seumas. "Human rights, police corruption and anti-corruption systems for police
organisations." Australian Journal of Human Rights 20.2 (2014): 165-180.
Newburn, Tim. "Literature review: police integrity and corruption." (2015).
Paoli, Letizia, ed. The Oxford handbook of organized crime. Oxford Handbooks, 2014.
Sarre, Rick. "Recent legal developments in Australia." Australian & New Zealand Journal of
Criminology 49.1 (2016): 152-156.
Stobbs, Nigel, Lisa Kleinau, and Shelley Kolstad. "‘Structuring’judicial sentencing discretion:
consistency, guidance or pandering to the punitive?." Alternative Law Journal 39.3 (2014): 156-
158.
Tilley, Nick, and Aiden Sidebottom, eds. Handbook of crime prevention and community safety.
Taylor & Francis, 2017.
Warner, Kate. "Sentencing review 2013-2014." Criminal Law Journal 38.6 (2014): 364-379.