Criminal Legislations

Section 8 Crimes (Criminal Organisations Control) Act 2012 | Submissions at Hearings


The Legislation

Section 8 of the Crimes (Criminal Organisations Control) Act 2012 (NSW) deals with Submissions at Hearings and is extracted below.

Call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced criminal defence lawyers advise, make submissions and represent you and your organisation in proceedings under the Act.

8 Submissions at the hearing

(1) A member of the organisation specified in an application under this Part may be present and make submissions in relation to the application at the hearing of the application, subject to subsection (3).

(2) Any member of the organisation who was not specified in the application under this Part and any other person who may be directly affected (whether or not adversely) by the outcome of the application may, with the leave of the eligible Judge, be present and make submissions at the hearing, subject to subsection (3).

(3) The Commissioner may object to any person referred to in subsection (1) or (2) being present during any part of the hearing in which information classified by the Commissioner as criminal intelligence is disclosed.

(4) A person referred to in subsection (1) or (2) who does not wish to be present at the hearing may make a protected submission to the eligible Judge in private.

(5) The eligible Judge is to deal with an objection under subsection (3) in accordance with section 28.

(6) The eligible Judge is to deal with a protected submission under subsection (4) in accordance with section 29.

(7) In this Act:”protected submission” means a submission made by a person who has reasonable grounds to believe that he or she may be subjected to action comprising or involving injury, damage, loss, intimidation or harassment in reprisal for making the submission.

Section 13 Crimes (Criminal Organisations Control Act) 2012 | Right of Appeal


Has a group or organisation that you belong to been made the subject of a declaration under the Crimes (Criminal Organisations Control) Act 2012?

If so, you may be wondering whether there is any way to appeal the declaration under the law.

Section 13 provides a right to appeal a decision to declare an organisation a ‘criminal organisation.’

A member of a declared organisation may lodge an appeal with a higher court in relation to these decisions.

However, the Commissioner of Police also has the power to appeal a decision to revoke a declaration.

Appeals must be lodged within 28 days of the decision to declare an organisation a ‘criminal organisation.’

A Court of Appeal can then either confirm, vary or reverse the declaration.

The Legislation

13 Right of appeal

(1) Section 24 applies to a decision of the Court under this Part in the same way it applies to a decision of the Court in relation to the making of a control order.

(2) In that case, a reference to a controlled member is taken to be a reference to a declared organisation.

24 Right of appeal

(1) The Commissioner or the controlled member may appeal to the Court of Appeal against a decision of the Court in relation to the making of a control order.

(2) An appeal lies as of right on a question of law and with leave on a question of fact.

(3) An appeal as of right must be made within 28 days after the date on which the decision was made unless the Court of Appeal gives leave for it to be made after that time.

(4) The making of an appeal under this section does not affect the operation of the control order to which the appeal relates.

(5) On an appeal, the Court of Appeal may:

(a) Confirm, vary or reverse the decision the subject of the appeal, and

(b) Make any consequential or ancillary order.

 

Why Sydney Criminal Lawyers®?

You generally only get one chance at appealing a declaration, so it’s important to ensure that you are being represented by the most capable defence team.

At Sydney Criminal Lawyers®, our dedicated advocates are passionate supporters of civil liberties and rights and will go above and beyond to ensure that you receive the best possible outcome in your matter.

Our lawyers will assist you in understanding the best course of action when it comes to appealing your declaration and can help you obtain any evidence or supporting documentation to maximise your chances of success.

We will fight hard in court to have the declaration overturned or revoked and will enlist the help of Sydney’s best criminal defence barristers where necessary.

Our dedication to secure the best possible result in these matters coupled with our expert understanding of criminal law sets us apart from other lawyers when it comes to winning complex appeals.

So get the ball rolling – give us a call today on (02) 9261 8881 and speak to one of our criminal defence experts about how you can win your appeal.

Section 12 Crimes (Criminal Organisations Control) Act 2012 | Renewals or Extensions


If a group or organisation that you belong to has been made the subject of a declaration under the Crimes (Criminal Organisations Control) Act 2012, it’s important to be aware of what the law says.

Section 12 of the Act deals with the renewal or extension of declarations.

It says that declarations may be renewed at any time before they expire.

According to section 9 of the Act, declarations generally remain in force for a period of 5 years from the date they are made.

There are no limitations on how often declarations can be renewed.

The Legislation

12 Renewal or extension of declarations

(1) A declaration under this Part may be renewed at any time before or after the declaration expires.

(2) For that purpose, the provisions of this Act applying to an application for the making of a declaration apply as if reference to the making of the declaration were a reference to the renewal of the declaration.

(3) It does not matter how often declarations are renewed.

 

Why Sydney Criminal Lawyers®?

Being a member of a group or organisation deemed to be a ‘criminal organisation’ can be a daunting and frustrating experience.

However, having an understanding of the law and your obligations can prove invaluable when it comes to securing the best possible result in your matter.

At Sydney Criminal Lawyers®, we are passionate about defending civil liberties.

Our lawyers are well-versed in their knowledge of declarations made under the Crimes (Criminal Organisations Control) Act and can help you understand the law.

We understand that being the subject of a declaration under the act can place onerous restrictions on your life, which is why we always fight to have declarations revoked as soon as possible.

We can also advise you on other areas of the law relating to declarations, such as when declarations may be renewed or extended.

So for the best advice on declarations and how they could affect you, contact our criminal law experts today on (02) 9261 8881.

Section 11 Crimes (Criminal Organisations Control) Act 2012 | Reasons for Making or Revoking Declaration


Under the Crimes (Criminal Organisations Control) Act 2012, particular groups and bodies may be declared to be ‘criminal organisations’ in certain circumstances.

The law imposes certain requirements which must be complied with in relation to the making and revocation of declarations.

One such requirement is the requirement for a court to publish the reasons for making or revoking a declaration.

The court must also publish a statement of reasons where it refuses an application to have a declaration revoked.

Reasons must be published in writing.

The Legislation

11 Stated reasons for making or revoking declaration

(1) The Court is to provide a written statement of reasons for any decision to make or revoke a declaration under this Part, or for refusing an application for a declaration or the revocation of a declaration.

(2) This section does not authorise or require the disclosure of information if an obligation to maintain confidentiality exists (whether under Part 3B or under any other Act or law).

 

Why Sydney Criminal Lawyers®?

It can be difficult to navigate and understand the law in relation to declarations made under the Crimes (Criminal Organisations Control) Act 2012.

However, you can give yourself a leading advantage in fighting these matters by enlisting the help of our experienced criminal defence advocates.

As passionate defenders of civil liberties and rights, our lawyers have an in-depth understanding of the laws relating to the making and revocation of declarations and can help you understand the legal obligations relating to these declarations.

Where necessary, our criminal law experts can assist you in preparing applications to have declarations revoked, so that you can move on with your life as soon as possible.

For the best possible advice in your matter, contact us today on (02) 9261 8881 and speak to one of our highly-experienced criminal defence lawyers.

Section 6 Crimes (Criminal Organisations Control) Act 2012 | Response of Respondent


Having your group or association declared a ‘criminal organisation’ can be a frustrating and stressful experience which negatively impacts your personal and work life.

Thankfully, the law contains provisions which allow you to file a response to any applications to declare your group a ‘criminal organisation’ under the law.

Section 6 of the Crimes (Criminal Organisations Control) Act sets out the requirements of any response which you wish to make.

It must include the facts relied on to support your response, and it should be accompanies by any affidavits that you wish to rely upon at the hearing of the application.

The law also says that any response must be filed at least 5 business days before the return date set by the Court Registrar.

Making sense of the law can be difficult, and our expert criminal defence team can assist you in understanding the law and your options.

Our experienced lawyers can also help you draft and file a response to maximise your chances of avoiding a declaration.

The Legislation

6 Response by respondent

(1) The respondent may file a response to the application under this Part.

(2) The response must set out the facts relied on by the respondent in response to the application.

(3) The respondent must file the response at least 5 business days before the return date fixed by the registrar of the Court.

(4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.

 

Why Sydney Criminal Lawyers®?

If your group is subject to an application to have your group declared a ‘criminal organisation,’ there are certain steps that you can take to avoid a declaration.

The first step is generally to file a response to any application.

The expert defence team at Sydney Criminal Lawyers® can assist you in this regard by preparing compelling responses to such applications.

Our experienced criminal defence lawyers are passionate about protecting civil liberties and will go the extra mile to fight for your rights.

We can advise you of how a declaration may impact your life and activities, and can offer advice as to how to have a declaration revoked.

Take the first step in preparing a persuasive response – call us today on (02) 9261 8881 and book your FREE first conference with one of our dedicated lawyers.

Section 22 Crimes (Criminal Organisations Control) Act 2012 | Commencement of Control Order


A control order may impose strict restrictions on your life and movements, and a breach of these restrictions may result in penalties under the law.

It is therefore important to be aware of when a control order commences in order to avoid these possible consequences.

Section 22 of the Crimes (Criminal Organisations Control) Act states that a control order takes effect either when the control order is made (if you are present in court at that time), or alternatively where you are personally served with a copy of the control order.

If a control order has been made in relation to you, our experienced criminal defence team can help you understand your rights and obligations.

The Legislation

22 Date of effect of control order

A control order takes effect:

(a) if the person to whom it relates is present in court-when the control order is made, or

(b) in any other case-when the person is served personally with a copy of the control order.

Why Sydney Criminal Lawyers®?

If you’ve been made the subject of a control order, it’s important to choose the best possible legal team to defend your reputation and liberty.

The expert defence team at Sydney Criminal Lawyers® comprises some of the most experienced lawyers in the criminal law field.

Our dedication and desire to achieve the best possible result in every case sets us a cut above other law firms.

Our criminal law specialists have an extensive knowledge of criminal law and are best placed to advise you of your rights when it comes to fighting the imposition of a control order.

We can offer advice as to when a control order takes effect and the duration of a control order.

We can also assist you in identifying any grounds upon which you can appeal the imposition of a control order.

Call us today on (02) 9261 8881 and speak to one of our dedicated criminal law experts about how your rights in relation to control orders.

Section 21 Crimes (Criminal Organisations Control) Act 2012 | Form of Control Order


If you have been made the subject of a control order, it’s important to be aware of your legal rights and obligations.

Section 21 contains requirements about the form of a control order.

It says that a control order must specify the person to whom it relates, and must contain a statement of the grounds upon which the order has been made.

It should also contain a statement as to the right to appeal the control order.

Furthermore, a copy of the affidavit verifying the grounds on which the order was made must be attached unless disclosure of the affidavit would be in breach of the law.

In these circumstances, an edited form of the affidavit may be provided.

It can be difficult to understand the formalities and procedures relating to the issuance of control orders, and if you are the subject of a control order it’s important to ensure that you have the assistance of an experienced criminal lawyer.

The Legislation

21 Form of control order

(1) A control order must:

(a) specify the person to whom it relates, and

(b) subject to subsection (2)-include a statement of the grounds on which the order has been made, and

(c) set out an explanation of the right of appeal under section 24.

(2) A statement of the grounds on which a control order has been made must not contain information that must not be disclosed in accordance with Part 3B.

(3) A copy of the affidavit verifying the grounds on which the order was made must be attached to the control order unless disclosure of information included in the affidavit would be in breach of Part 3B.

(4) If disclosure of information included in the affidavit would be in breach of Part 3B, an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the control order.

Why Sydney Criminal Lawyers®?

In order to effectively fight against the imposition of a control order, it’s necessary to be represented by the most experienced legal team.

At Sydney Criminal Lawyers®, our dedicated advocates are criminal law specialist who are passionate about defending civil liberties.

If you have had a control order imposed upon you, we can advise you as to whether it is compliant with the necessary form requirements.

Where possible, our criminal law specialists can assist you in applying to have the control order revoked.

We can also provide the best possible representation if you wish to make submissions in relation to the imposition of a control order at a hearing.

Regardless of your circumstances, our passionate advocates will fight hard to protect your rights and interests – so you can rest assured that you will achieve the best possible result in your matter.

Call us today on (02) 9261 8881 and speak to one of our expert criminal defence lawyers for more information.

Section 20 Crimes (Criminal Organisations Control) Act 2012 | Right to Attend Hearing


The Crimes (Criminal Organisations Control) Act 2012 contains controversial provisions which enable a court to impose a control order upon a person in certain situations.

Control orders are court orders which can impose restrictions upon your life.

For instance, if you are the subject of a control order, you may be prevented from associating with certain people, carrying out certain activities, or travelling to certain places.

However, before a court imposes a control order, they will hold a hearing to determine whether or not a control order is justified.

Section 20 of the Act says that if you are someone to whom a control order relates, you have a right to appear at these hearings and make submissions in relation to the application.

Our expert advocates can assist you should you wish to attend a hearing by preparing and presenting compelling submissions in relation to a control order.

For more information about control orders and hearings, contact our experienced criminal defence team.

The Legislation

20 Person to whom order relates may appear at the hearing

The person to whom the control order relates may appear at the hearing of the application and make submissions in relation to the application.

Why Sydney Criminal Lawyers®?

Control orders can impose onerous restrictions on your life and activities; affecting your ability to associate with certain people, continue your employment, and even travel to certain places.

It is therefore important to be aware of your rights in relation to control orders.

The experienced defence team at Sydney Criminal Lawyers® is comprised of some of the leading experts in the field of criminal law.

Our lawyers are criminal law specialists who have an in-depth understanding of the law relating to control orders.

We can assist you in understanding the possible consequences of having a control order imposed upon you, and we can help you identify any ways in which you can avoid having a control order imposed.

Should you wish to attend a hearing, we can assist by preparing compelling submissions which emphasise the reasons why a control order is unjustified.

Our persuasive advocates can appear on your behalf at these hearings and will fight hard to protect your rights and interests.

Call us today on (02) 9261 8881 and speak to our experienced defence team for more information about how we can assist you.

Section 19 Crimes (Criminal Organisations Control) Act 2012 | Court May Make Control Orders


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.

The Legislation

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.

Why Sydney Criminal Lawyers®?

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.

Section 18 Crimes (Criminal Organisations Control) Act 2012 | Expedited Hearings


Are you awaiting a hearing to determine an application for a control order?

In some cases, you may apply to have the hearing expedited in order to hear the application at an earlier date.

In order to have an expedited hearing, you must satisfy the court that there are special circumstances which exist which mean that you will suffer undue hardship if the hearing of the application for the control order is delayed.

If you are seeking an expedited hearing, our experienced criminal defence lawyers can assist you in identifying any special circumstances which may benefit your application.

We can also assist you in making a persuasive application to maximise your chances of getting an expedited hearing as soon as possible.

The Legislation

18 Expedited hearing in cases of hardship

(1) A person on whom notice of the making of an interim control order is served under this Division may request the Court to hear the application for the control order confirming the interim control order at an earlier date determined by the Court than that specified in the notice.

(2) The Court must hear the application for the control order as expeditiously as possible if satisfied by the person concerned that, in the special circumstances of the case, he or she will suffer undue hardship if the hearing of the application for the control order is delayed.

Why Sydney Criminal Lawyers®?

If you’re interested in making an application for an expedited hearing to determine an application for a control order, it’s important to seek advise from a qualified lawyer with demonstrated experience in this area of law.

At Sydney Criminal Lawyers®, we pride ourselves on our passion for protecting our clients’ rights and interests.

As criminal law specialists, understand that your liberty is your priority, and we will work hard to ensure that we pursue every possible avenue to protect it.

In situations where you require an expedited hearing, our lawyers can help you prepare a compelling application which maximises your chances of having your matter determined as soon as possible.

We can advise you of any other options that you can take to have a control order revoke, including your rights to appeal.

Contact us today on (02) 9261 8881 and have a chat to one of our highly respected advocates to find out how we can help you obtain an expedited hearing.