If your organisation or group has been declared a ‘criminal organisation’ under the Crimes (Criminal Organisations Control) Act, it may be placed on a register of criminal organisations maintained by the Police Commissioner.
Section 30 of the Act states that the type of information that may be included on the register includes:
- The name of a declared organisation and names by which it is commonly known;
- Names of any controlled members of the declared organisation.
This information may be made available to members of the public and may be published in any newspaper circulating the state.
However, the law also states that information is not to be published on the register until 28 days after a control order is made and until any appeals in relation to that control order are made or withdrawn.
Furthermore, information relating to a control order must be removed from the register if the person to whom it relates seeks leave to appeal it after the expiration of the 28 day period.
In these cases, the information cannot be published on the register until the appeal is determined.
30 Criminal organisations register
(1) The Commissioner must keep a register of information about declarations and orders made under this Act (the “register of criminal organisations”).
(2) The register may contain any of the following information:
(a) the name of any declared organisation (or the name by which it is commonly known),
(b) the name of any controlled member of the declared organisation (or the name by which the controlled member is commonly known).
(3) Information relating to a control order is not to be published on the register before the expiration of the period of 28 days after the control order is made and (if the person to whom the order relates does appeal before the expiration of that period) until the appeal is determined or withdrawn.
(3A) Information published on the register is to be removed from the register if leave to appeal is sought after the 28-day period and is not to be restored to the register unless leave is refused or, if leave is allowed, the appeal is determined or withdrawn. Note : Leave may be given outside the 28-day period under section 24.
(4) Information contained in the register may be provided to members of the public in any other manner approved by the Commissioner.
(5) Without limiting subsection (4), the Commissioner may publish any information contained in the register in a newspaper circulating in the State.
Having your organisation declared to be a ‘declared organisation’ can be a confronting and stressful experience – and having information in relation to your organisation publically published can be even more frustrating.
Because of the serious implications that can result from the imposition of control orders and declarations, it’s important to get a knowledgeable and experienced criminal lawyer on your side as soon as possible.
At Sydney Criminal Lawyers®, we pride ourselves on being Sydney’s leading criminal law firm.
Our defence team is composed of some of the most experienced legal minds in the profession, and our ability to secure outstanding results is unmatched.
If you are concerned about the implications of having your organisation declared to be a ‘criminal organisation,’ our lawyers can assist you in understanding the law and your options.
We can also help you identify any issues or bases upon which you may lodge an appeal to have the declaration or control order revoked.
For the best result in your matter, contact us today on (02) 9261 8881 and discuss the best way forward with one of our criminal defence specialists.