Having a court declare your organisation a ‘criminal organisation’ can not only be damaging to your reputation, but it can also negatively impact your ability to work, associate with certain people, and pursue your hobbies and interests.
However, section 10 of the Crimes (Criminal Organisations Control) Act 2012 provides a way by which a declared organisation or its members can apply to have a declaration revoked.
This section sets out the requirements for an application to have a declaration revoked.
According to section 10(3), applications must:
- Be in writing;
- Set out the reasons or grounds for which the revocation is sought;
- Set out any supporting information
Applications should also include any affidavits which support your case, and which you wish to rely on if the matter proceeds to a hearing.
You are also required to serve the Commissioner of Police with a copy of the application and any supporting material as soon as possible after the application is filed.
Section 10 also states that the Court can only revoke a declaration if:
- There has been a substantial change in the nature or membership of the organisation such that its members no longer associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity.
- There has been a substantial change in the nature or membership of the organisation such that it does not present an unacceptable risk to the safety, welfare or order of the community.
It’s also important to note that you cannot apply to have a declaration revoked until at least 3 years after the declaration has been made.
Furthermore, you cannot submit any more than 2 applications for revocation in the first 5 years after the declaration is made.
10 Revocation of declaration
(1) The Court may revoke a declaration under this Part on an application under this section.
(2) An application may be made by:
(a) the Commissioner, at any time, or
(b) the declared organisation or a member of the declared organisation, subject to this section.
(3) An application must:
(a) be in writing, and
(b) set out the grounds on which the revocation is sought, and
(c) set out the information supporting the grounds on which the revocation is sought.
(4) The application must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application.
(5) The Commissioner is a party to any proceedings for an application by the declared organisation or a member of the declared organisation.
(6) The applicant must serve a copy of the application, with any accompanying affidavit, on the other party to the proceedings as soon as reasonably practicable after the application is filed.
(7) If the Commissioner is the applicant, service on the other party must be:
(a) by personal service, or
(b) if personal service is not practicable or the other party is an unincorporated association or group, by public notice.
(8) The Court may revoke a declaration on the application of the declared organisation or a member of the declared organisation only if satisfied that there has been a substantial change in the nature or membership of the declared organisation to the extent that:
(a) members of the organisation in New South Wales no longer associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity, and
(b) the continued existence of the organisation no longer represents an unacceptable risk to the safety, welfare or order of the community in this State.
(9) A declared organisation or a member of a declared organisation may not apply for the revocation of a declaration until at least 3 years after the declaration is made.
(10) The total number of applications for revocation made by the declared organisation and all members of the declared organisation cannot be more than 2 during the first 5 years after the declaration is made.
(11) As soon as reasonably practicable after the revocation or expiration of a declaration, the Commissioner must publish notice of the revocation or expiration in the Gazette and in at least one newspaper circulating throughout the State.
Opportunities to apply to have a declaration revoked are very limited, so if you are wishing to do so, it’s essential that you seek representation from a highly experienced criminal defence team.
The lawyers at Sydney Criminal Lawyers® are fearless advocates who are passionate about protecting our clients’ rights and liberties.
We go above and beyond in every case to secure the best possible outcome for our clients.
Should you wish to have a declaration revoked, our experts will guide you through every step of the application process; from writing the application to seeking any supporting documents and
representing you in court.
We will carefully consider all the evidence in order to prepare a compelling application which effectively sets out the reasons why a declaration should be revoked.
Our lawyers can also provide general advice as to what a declaration is and how it may affect the activities of your organisation.
So take the first step in fighting the declaration and contact our expert criminal lawyers on (02) 9261 8881 for more information.