Are you wondering when a court may make a control order in relation to you?
A control order is a court order made in relation to a person.
It can impose onerous restrictions on your life and your movements, for example, restricting you from visiting certain places, associating with certain people and carrying out certain activities.
They generally follow the granting of an interim control order.
Section 19 of the Crimes (Criminal Organisations Control Act) deals with the requirements for control orders.
A court may only grant a control order after an interim control order has been served upon you.
The court must also be satisfied that you are a member of a ‘declared organisation,’ or that you are a former member of a declared organisation with an ongoing involvement in its activities.
The court must also be satisfied that there are ‘sufficient grounds’ for making the control order.
In determining whether sufficient grounds exist, the court may consider:
- Affidavits from the Commissioner or senior police officers which verify the contents of an application for an interim control order;
- Affidavits provided by a person with the notice of objection;
- Other information provided by the Commissioner or a person to whom the order relates at the hearing.
Section 19 also allows a court to make an order allowing you to associate with particular controlled members or allowing you to carry out activities which might otherwise be prohibited where there are good reasons.
For more information on control orders and their operation, contact our experienced criminal defence team.
19 Court may make control order
(1) The Court may make a control order in relation to a person on whom notice of an interim control order has been served under Division 1 if the Court is satisfied that:
(a) the person:
(i) is a member of a particular declared organisation, or
(ii) is or purports to be a former member of a particular declared organisation but has an on-going involvement with the organisation and its activities, and
(b) sufficient grounds exist for making the control order.
(2) The Court may:
(a) make a control order confirming or confirming with variations the interim control order, or
(b) revoke the interim control order.
(3) In considering whether or not there are sufficient grounds to make the control order in relation to the person, the Court is to take into account:
(a) the affidavit from the Commissioner, or affidavits from one or more other senior police officers, that verified the contents of the application for the interim control order concerned, and
(b) the affidavit provided by the person with the notice of objection referred to in section 16, and
(c) any other information provided by the Commissioner or person to whom the order relates at the hearing.
(4) The control order may be made whether or not the person concerned is present at the hearing of the application.
(5) If the person concerned is not present at the hearing, the Commissioner is to cause a copy of the control order to be served personally on the person.
(6) The Court may, on making a control order in relation to a person, make any consequential or ancillary orders it thinks fit.
(7) Without limiting subsection (6), an order may be made, if in the opinion of the Court the circumstances of the case require:
(a) if the person satisfies the Court that there is a good reason why he or she should be allowed to associate with a particular controlled member-exempting the person from the operation of section 26 to the extent, and subject to the conditions, specified by the Court, or
(b) exempting the person from the operation of section 27 for a period specified by the Court to enable the person to organise his or her affairs.
(8) For the purposes of determining whether subsection (1) (a) (ii) applies to a person, the Court may take into account whether the person regularly associates with members of the declared organisation without reasonable cause and the extent to which the conduct of the person demonstrates that the person has genuinely dissociated himself or herself from the organisation.
Understanding the law in relation to the granting of control orders can be difficult.
However, if you or someone that you know has been made the subject of an interim control order, it’s important to know the law.
Our experienced criminal defence team is familiar with the law in relation to control orders and can advise you of your requirements and obligations in respect of control orders.
We can also assist you where you believe that there are insufficient grounds for making a control order, or where you believe that you have a right of appeal.
Our passionate advocates will fight hard to defend your rights and interests and protect your personal freedoms.
Call us today on (02) 9261 8881 and speak to our criminal law specialists to find out how we can help you fight to have a control order revoked.