Both the Liberal/Nationals coalition government and the Labor opposition will support it with only the Greens Giz Watson having called for a parliamentary inquiry into the Bill – a call which has been rejected.

The Bill has been sold by government and the police as an opportunity to crack down on what they describe as the criminal and anti-social behaviours of bikie organisations and hence the anti-association laws have been heralded by news media and politicians as anti-bikie laws, however Aboriginal human rights lawyers and community leaders believe the bill is intended to target WA’s Aboriginal folk.

On Monday April 30 a press conference was held at Perth’s Ambassador Hotel coordinated by the United Motorcycle Council of Western Australia. Prior to the conference there was a two hour consultation held for representatives of major not-for-profit organisations and affected groups and communities and a number of civil libertarians – present were powerful unions such as the MUA, the CFMEU, the AMWU and religious groups, and Aboriginal community Elders such as Mingli Wanjurri McGlade, representatives from Nyoongar Tent Embassy such as Vanessa and Len Culbong and well known Nyoongar activist and law student Marianne Mackay and Dumbartung Aboriginal Corporation’s CEO Robert Eggington and Iva Hayward-Jackson and outgoing Aboriginal parliamentarian for the Kimberley, Carol Martin.

Ms Mackay said she is disturbed by WA police commissioner Karl O’Callaghan’s push for the legislation and by his ‘timely opinion pieces’ in West Australian newspapers effectively supporting the Attorney-General’s proposed legislation. “The police commissioner is constantly suggesting that the legislation targets the anti-social behaviour of certain bikie groups. It is wrong that he can discriminate like this. It is wrong that he thinks he can punish the many for the perceived actions of the few.”

“The Attorney-General, Christian Porter, talks of the legislation as if it is about bikies but there is no mention in the proposed Bill of bikies.”

“It is my personal belief that the Bill is targeted at all minority groups although they are promoting it against bikies. Mr Porter is a lawyer and he knows full well he is breaching constitutional law and he understands what is meant by separation of powers… They need to remember they are part of the people’s parliament and that they need to listen to the people. They need to stop targeting minority groups,” said Ms Mackay.

“They need to get off their butts and be the government that the people need and not the government they want to be.”

During the evening, Nyoongar and other Aboriginal advocates commented that such a Bill would ensure that for instance Nyoongar Tent Embassy would indeed be unlawful, and effectively prohibited, that Aboriginal families and communities would be torn apart with disassociation demands because of perceived anti-social behaviour and even because of the right to dissent, to protest.

It was noted that recently Forest Rescue Australia activists protesting logging of the south west’s Warrup forest in order to save the last intact numbat colony had bail conditions imposed upon them by Manjimup Court demanding the protestors not associate – this included two protestors who were in a de facto relationship.

Mr Eggington said, “We are here tonight as part of Nyoongar community, representing Dumbartung against the laws that are being introduced… We are also concerned about laws already in place such as the ‘three strikes you are out law’ that states if you put your hand on a public officer you get 12 months mandatory incarceration.”

“Our Aboriginal youth are 70% of juvenile detention and our men 40% of adult prisons, however we are less than 3% of the overall population. So of course we are concerned about these new laws. We know from the very first moment a non-Aboriginal person lays eyes on a black man the very first concept that they have is this person is a criminal,” said Mr Eggington.

Dumbartung’s Iva Hayward-Jackson said that the “heart of Nyoongar culture may be affected by the introduction of the Bill. He said cultural events, including funerals would be degraded by people prohibited from attending. “(The Barnett government) is activating more laws for more control, more domination, and more dispossession of Nyoongar people…”

Guest speaker at the meeting prior the press conference was barrister Shash Nigam from the Australian Lawyers Alliance, and who oppose the proposed legislation. “It is very dangerous. Any legislation of this type that attacks the principles of natural justice and procedural fairness must be struck down.”

“The Australian Lawyers Alliance takes issue with the WA Attorney-General’s pitch that such legislation will assist in reducing crime, “ said Mr Nigam. “This is highly unlikely and if anything just distracts from the real issue of anti-social behaviour by people from all walks of life… and that require proper procedures and prosecution to ensure the right people are brought to justice before the law.”

WA president of the Australian Lawyers Alliance Tom Percy QC said, “There are enough laws and enforcement bodies already in existence with ample powers to deal with any problem that motorcycle organisations are perceived to present.”

At most only 0.3% of criminal activity in WA can be attributed to people associated with bikie organisations, and whose membership apparently number only thereabouts 300 members. The 160 pages of the Criminal Organisation Control 2012 Bill tabled to state parliament does not refer to bikie organisations, not once.

Mr Percy said the problem with the proposed legislation is that it seeks to deal with allegations in the absence of evidence, without a proper hearing, and without any requirement for a judge to provide reasons for decisions and without any right to an appeal.

“This is a wholly unjust and unconstitutional approach, which breaches most of the accepted tenets of a civilised justice system,” said Mr Percy.

“The SA and NSW legislation was struck down in the High Court for these reasons. The WA legislation faces the same fate.”

The Reverend Paul Christie said, “I remember swearing an oath of allegiance back in 1973 when I joined the Australian Army. It was to serve Queen and country, to protect her citizens, and to uphold the constitution. I don’t remember anything about ‘And let the constitution and our civil rights be eroded and changed without the consent of ordinary people to whom it is designed to protect.’”

CAMPAIGN: CFMEU’s Joe McDonald spoke at the May Day march through the streets of Fremantle. Picture: Kerris Berrington Source: PerthNow

CAMPAIGN: May Day march through the streets of Fremantle. Picture: Kerris Berrington Source: PerthNow

SEVERAL thousand people took to the streets of Fremantle today in a fight to protect penalty rates for WA workers and to mark May Day – an annual celebration of unions and working people that has been held in Fremantle since the 1970s.

People of all ages holding flags, banners and shouting slogans marched through the port city for about 45 minutes before congregating at the Esplanade on Marine Terrace.

Among those in the crowd were members of various unions including United Voice, the Construction, Forestry, Mining and Energy Union and the Australian Services Union.

Members of the United Motorcycle Council of WA, a group which represents seven WA bikie gangs, were also present at the march.

Veteran Coffin Cheater bikie Eddy Withnell took part in the march as a notable police presence watched the marchers closely.

Unions WA secretary Simone McGurk said the march was timely because Premier Colin Barnett had recently said that he did not think it was fair that people working in shops on weekends get a higher hourly rate than people who work during the week.

“We are pretty concerned about that because a lot of workers rely on those penalties to get by,” Ms McGurk said.

“Those penalties are there because people need to have some time with their families…unions will be fighting to defend penalties.”

Dave Oliver, the incoming secretary of the Australian Council of Trade Unions, said he too was concerned with the State Government’s views on penalty rates.

He said Fair Work Australia had recently announced a national review of penalty rates and that the people of WA had a right to know what position the State Government will take on this review.

“Any move to take away penalty rates isn’t just stealing income it is actually stealing weekends from workers and their families,” Mr Oliver said.

Colin Barnett has previously been reported as saying that he supports higher rates for workers who work after hours and on Sundays, but that penalty rates should be restricted to about 50 per cent of the standard wage.

Guest speaker at the meeting barrister and lawyer Shash Nigam said the Australian Lawyers Alliance opposes the legislation.

“It is very dangerous. Any legislation of this type that attacks the principles of natural justice and procedural fairness must be struck down,” Mr Nigam said.

“The ALA takes issue with the WA AG’s pitch that such legislation will assist in reducing crime,” he said, and “this is highly unlikely and if anything just distracts from the real issue of anti-social behaviour by people from all walks of life in bars, restaurants and home invasions that require proper procedures and prosecution to ensure the right people are brought to justice before the law.”

The President of the Australian Lawyers Alliance WA, Tom Percy QC said, “there are enough laws and enforcement bodies already in existence with ample powers to deal with any problem that Motorcycle organizations are perceived to present.”

“If there is any credible evidence that someone is dealing drugs or committing any other offence on a regular or organized basis, why not bring that evidence to a court and deal with it?”

“The problem with the proposed legislation is that it seeks to deal with allegations,

• in the absence of any evidence,
• without a proper hearing,
• without any requirement for a judge to give reasons, and
• without any right of appeal.

This is a wholly unjust and unconstitutional approach, which breaches most of the accepted tenets of a civilized justice system,” said Mr Percy.

“The SA and NSW legislation was struck down in the High Court for these reasons. The WA legislation faces the same fate.”

A bid to have the State Government’s proposed anti-association laws scrutinised by a Parliamentary Committee has been rejected by Upper House MPs.

Government, Labor and Nationals MPs last night opposed a motion from Greens MP Giz Watson to have the Criminal Organisation Control Bill referred to the standing committee on legislation, defeating it 27 votes to three.

Outside Parliament, Ms Watson said she was disappointed MPs had not supported the motion for an inquiry into the proposed laws.

“Similar legislation in South Australia and New South Wales went to the High Court and was challenged and I thought the Parliament should be thorough in an investigation and to do that it should go to the standing committee because they provide that sort of detailed scrutiny,” she said.

“The key issue is that the Bill breaches the basic human right and that’s the right to associate which is prescribed in the United Nations charter on civil and political right and also it punishes people who may not have committed any crime or may never commit a crime.”

Parliamentary secretary representing the Attorney General, Michael Mischin, told Parliament an inquiry would have unnecessarily delayed the legislation.

“At the end of the day, the only way the constitutionality of the Bill is going to be tested as a matter of law is if it is passed and someone challenges it and takes that challenge to the High Court so nothing the Committee decides is going to help that aspect at all,” he said.

Opposition leader in the Legislative Council Sue Ellery said she did not think Parliament’s time was best served by an inquiry, particularly into the policy of the Bill, which the Opposition supported.

Several lobby groups, including the United Motorcycle Clubs of WA, Search for Your Rights and Socialist Alliance WA, have spoken out in opposition of the proposed laws, warning they could unfairly target minority groups, union members and even children.

But Attorney General Christian Porter has continuously maintained the legislation aims “destroy the core operations” of only outlaw motorcycle gangs and other criminal organisations and there was “no conceivable way” they would affect children or organisations which did not engage in criminal activity.
The Upper House is expected to begin debating the legislation in detail today.

The Socialist Alliance Western Australia released the statement below after its members took part in an April 30 meeting organised by the United Motorcycle Council of WA to oppose the government’s proposed “anti-association” laws.

* * *

“There is no way to improve the anti-association laws currently before parliament, they must be rejected outright,” said Socialist Alliance WA co-convenor Alex Bainbridge.

“Guilt by association has no place in a modern legal system but is exactly what the Barnett government is planning to bring in.

“Most shameful of all, the ALP opposition is planning to support this legislation, even if they move a few amendments first. Labor should make a stand for democratic rights and reject this legislation outright.

“The fundamental problem with this legislation is that in punishes people who have committed no crime. That would be an injustice, no matter which sector of society were affected.

“The government may be talking a lot about bikies now when they’re trying to get this legislation passed – which itself is an unfair slight against motorcycle clubs — however, this legislation could be used against many other community groups including trade unions, social and environmental activists and others.”

Bikies, union officials and social justice groups met last night to oppose a State Government bill which makes it illegal for people in declared criminal organisations to associate with each other.

Headed by the United Motorcycle Council of WA, 25 groups are part of the movement trying to stop the passage of the Criminal Organisation Control bill through Parliament.

The Government is expected to approve the bill soon.

The Socialist Alliance’s Alex Bainbridge says the bill challenges basic human rights.

“If someone’s committed a crime, fair enough, they should be punished for that,” he said.

“What this bill is going to punish [is] people who are friends or associates, who come into contact with, people who have committed no crime themselves so that’s a real fundamental injustice.

“And, it wouldn’t matter if it was just bikies who are going to be affected by that.

“An injustice against anyone is something everyone should stand up against.”

The Civil Liberties Council’s David Pugh says the legislation is outdated and unjust.

“They’re bringing in retired judges who have the title of designated authorities. and a designated authority with secret tainted evidence can declare an organisation to be an outlaw organisation,” he said.

The United Motorcycle Council of WA’s Peter Godfree says the proposed legislation has not been thoroughly considered.

“It does definitely need to be scrutinised and looked at by a committee, that would be the best solution of all; if Parliament was to refer it a committee to have it looked at before they voted on it,” he said.

The UMCWA’s Eric Meehan says it is not just motorbike groups concerned about the proposed legislation.

“I hope that the Government will take this into consideration; that these people are genuinely concerned for the public of Western Australia and not just about the bikie organisations, as they suspect,” he said.

In a statement, the Attorney General said the legislation is extremely important to ensure the safety of all West Australians.

He says the laws will not affect organisations that do not engage in criminal activity.

Similar laws have failed in other states.

A diverse group of organisations has launched a campaign against Western Australia’s proposed anti-association laws. The State Government says its Criminal Organisation Control Bill targets groups of people who break the law – including bikie gangs – but union leaders, students and environmentalists say it could restrict basic freedoms.

WA bikies joined forces with civil libertarians, union leaders and environmentals last night to voice their opposition to the state government’s new anti-association laws.

The so-called ‘bikie laws’, set to be debated in the upper house this week, will declare bikie gangs criminal organisations and impose tougher penalties on members.

But a growing group of opponents, led by the United Motorcycle Clubs of WA, last night called for a parliamentary inquiry into the controversial laws, which they claim will have consequences for the wider community.
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UMCWA spokesman Peter Godfree said the bill would not just affect bikie groups, as there were no limits on who could be targeted.

“It’s brought in on the backs of the bikies, but it’s going to affect every part of the community,” he said.

“It’s not the answer to law and order problems.”

The group is calling for an inquiry into whether the laws are constitutional.

Civil Liberties Council of WA president Peter Weygers said a parliamentary inquiry would give opponents time to educate the rest of the community about the “draconian, hateful laws.”

He said the state government was using bikies to put fear into the community.

“This bill is in its entirety reprehensible and odious, and an attempt by a conservative government to prevent free citizens from associating with one another,” he said.

CFMEU state secretary Mick Buchan said similar laws were found to be unconstitutional in NSW, and hoped for a similar result in WA.

Attorney General Christian Porter admitted last year the laws were controversial and their passage wouldn’t be smooth.

But he said the ruling disallowing the laws in NSW had prompted a reshaping of the WA laws which he believed would be ”constitutionally permissible”.

”There is a very strong case to be made … that the basic reason why clubs like the Coffin Cheaters and the Finks exist is to provide a forum where their members can engage in criminal activity.”

Mr Porter said such activity included drug trading, methylamphetamine manufacture, use of firearms and violent standover tactics which often spilled over into gang warfare.

”It’s this legislation which will allow law enforcement to make real inroads into the activities of bikie gangs in a way we really haven’t been able to do so to date.”

Mr Porter said the first mechanism under the proposed laws was to have a court determine and declare that a group was a criminal organisation, and the test for that would be a high one.

Read more: http://www.watoday.com.au/wa-news/bikies-unions-join-forces-against-antiassociation-laws-20120430-1xuvm.html#ixzz1tZgo2toV

DEADLINE TO VOICE YOUR OPINION WITH YOUR LOCAL MPS

Help fight the proposed criminal organisation control bill by writing to your local MP’s by May 1st. Click here for more information

Sunday May 6th:

UNION MAY DAY MARCH

The Unions May Day March is on Sunday the 6th of May at the Esplanade reserve Fremantle starting at 11am. We are asking ALL members and friends to come along and march with us against this Anti-Association Bill and to support the Unions as they are supporting us. Please wear your UMCWA t shirts and help support those fighting the good fight.

Saturday May 26th:

3RD ANNUAL DOWN SOUTH MYSTERY RUN

Leaving from South West Harley Davidson – 3 Cornwall Street, Bunbury at 10:30 am
Rain, Hail or Shine. Sausage sizzle & drinks available at start point.
ALL MOTORCYCLES WELCOME! GREAT PRIZES! Ride finishes approximately 1 hour from Perth.