Third Tranche of NSW Organised Crime Laws Are Set to Further Erode the Rights of All

The Minns government has announced its third suite of organised crime laws this year. This came as the 52nd gangland shooting in Greater Sydney over 2026 transpired, and whilst this uptick in crime is spurring this series of legislative reform rollouts, the concern is that the increasing ability that New South Wales has police to surveil criminals is trashing the right to privacy for all.

Announced on 7 September 2026, the package of “new laws to further disrupt, target and put away organised criminals” includes more measures to counter organised crime online, heightened punishment for conspiracy to commit gangland murder, expanding adult time laws to more offences for youths, and it further comprises of investment in devices to scan constituents’ mobile phones.

Passing NSW parliament in early June, the Crimes Legislation Amendment (Organised and Gang-Related Crime Reforms) Bill 2026 was the first of the major crackdowns on organised and gang-related activity, whilst the yet-to-be passed, August introduced Crimes and Other Legislation Amendment (Further Organised Crimes Reforms) Bill 2026 is a mass surveillance bill.

The crackdown on organised crime related to drugs in this state aims to break what the authorities have described as a shift towards an emerging “online crime tasker economy”, which sees underworld figures posting crimes they’re seeking to have perpetrated on noticeboards in encrypted apps, for gig criminals, not connected to the broader crime network, to commit for cash payments.

Further disruptions to organised crime

The first item listed in this week’s package of reforms are interim Serious Crime Prevention Orders. Rolled out in 2016, SCPOs permit the NSW Supreme Court to restrict an individual’s movements, their associations, and their online activity for up to 5 years. The new law would permit the government to apply interim SCPOs, whilst the court considers whether to impose a full one.

The new legislation will further create new offences involving administering or encouraging the use of a digital platform to commit a serious offence. These will mirror the current crimes of encouraging use of a digital platform to deal with child abuse material, under section 91HAB of the Crimes Act 1900 (NSW), and the crime of administering a platform for such material, under section 91HAA.

Aggravated conspiracy to murder and attempted murder offences will too be created. These will carry life imprisonment, when the aggravating factor is that the crime is gang related. These will cover “those who attempt, conspire or agree to murder, as well as anyone who solicits, encourages, persuades or endeavours to persuade someone to murder”, even if no killing takes place.

This week’s final legislative reforms are changes to the serious children’s indictable offences regime, so that it covers organised crime. Established in 2000, SCIOs are listed under section 3 of the Children (Criminal Proceedings) Act 1987 (NSW), and when a minor is charged with these offences, they’re then tried in a higher court, the District or Supreme, to face the same maximum penalties as adults.

Downloading complete devices

The Further Organised Crimes Reforms Bill is likely up for debate in NSW parliament, when it adjourns for spring next Tuesday. Most of the outcry about this piece of legislation is its changes to the NSW digital evidence access order (DEAO) regime, which permits NSW police to scan the entire content of a person’s mobile device, including some of their deleted encrypted information.

This law is controversial, as it involves NSW police officers using Israeli company Cellebrite’s universal forensics extraction devices to download digital device content on the spot. Right now, the power to use a DEAO is linked to the execution of a search warrant. However, the new law would make this power available during traffic stops and more regular arrests, if considered necessary.

The new legislation would allow officers to apply for a DEAO, when a device has been seized during a regular stop, and it is thought to have been used in relation to an “organised crime offence”, which is defined as a crime committed by two or more persons or involving substantial planning or systemic and continued activity, or has been committed for “profit, power or influence” or for retribution.

This week’s announced package appears to facilitate the yet-to-be broadened DEAO regime, as it involves the Minns government investing $15 million to expand the technology that NSW police use to download and analyse digital devices. This could mean purchasing more Cellebrite devices, or perhaps, similar devices manufactured and developed by other tech companies.

Broader reach

“Over the past year, the government has also strengthened organised crime laws, including tougher penalties for public place shootings and the use of ‘kill cars’, stronger bail laws, and expanded powers to target unexplained wealth, criminal assets and unlawful surveillance,” states the 7 September 2026 press statement announcing the laws.

“Further legislation currently before parliament will strengthen police access to digital evidence in organised crime matters and unredacted toll camera images, increase penalties for refusing to cooperate with the NSW Crime Commission and enable NSW to participate in Commonwealth face-matching services,” the Minns government presser further explains.

But whilst the proposed law reforms that target gangland crime, like aggravated conspiracy or attempted murder offences, serve to specifically target criminal activity, which will not affect most people, there are a number of laws that appear to seek to erode the privacy protections for the entire constituency in the name of cracking down on organised crime.

Newly proposed measures that would expand the ability of NSW police officers to download the content of digital devices, when seized at regular police stops, along with a plan to transfer all NSW driver licence photos to a national face-matching database and toll camera photos that capture a drivers identity, are laws that intimately affect all constituents and might be applied against them.

The government further confides that the 2009 established organised crime focused Strike Force Raptor has made more than 5,400 arrests in its time, whilst similarly charged, 2025 established Taskforce Falcon has conducted 784 arrests.

However, whilst these organised crime squads will have Cellebrite technologies at hand, it’s too expected that Rapid Response Command and the Public Order and Riot Squad officers, who are more likely to be deployed to police public protests, will also have these new powers at their command.

“Organised crime doesn’t stand still, and neither can the laws and powers we give police to fight it,” said NSW premier Chris Minns, as part of Monday’s announcement. And in doing so, the top minister also hinted at the fact that his government is on something of a roll when it comes to drafting new criminal offences, alongside all-pervasive laws to surveil.