Introduction

On 22 March 2016, in his role as Minister for Justice and Police, Deputy Premier Troy Grant MP introduced into the NSW Parliament two pieces of legislation designed to crack down on organised crime. The Criminal Legislation Amendment (Organised Crime and Public Safety) Bill amends existing laws to enhance asset confiscation powers, and creates Public Safety Orders, which are issued by police to prohibit a person from being present at a public event or premises if their presence poses a serious risk to public safety or security.

The second Bill, the Crimes (Serious Crime Prevention Orders) Bill 2016, introduces a Serious Crime Prevention Order (SCPO) regime into NSW. SCPOs are control orders that could be made by the NSW Supreme and District courts against certain individuals or organisations in order to prevent, restrict or disrupt their involvement in serious crime-related activities and terrorism offences. The proposed SCPO regime is influenced by measures introduced in the United Kingdom through the Serious Crimes Act 2007, which has recently been expanded into Scotland.

This e-brief focuses on the second Bill. It summarises existing organised crime laws in NSW. It then outlines the proposed SCPO regime in NSW, including the process for making orders, restrictions that can be placed on offenders, and penalties for breaches, as well as a comparison with the UK’s SCPO regime. The paper also details criticism of the UK regime, and comments by the Government in support of its effectiveness.