Govind Tekale
ACT's Chief Police Officer has publicly called for anti-consorting legislation in the Australian Capital Territory, citing five outlaw motorcycle gangs operating within the ACT with around 45 members and 20 associates. Here's what the proposal involves and why the ACT debate is more legally complicated than in other jurisdictions.
ACT Chief Police Officer Scott Lee said in a September 27 ABC interview that he supports introducing anti-consorting laws in the territory. Current data shows five outlaw motorcycle clubs operating in the ACT with approximately 45 members and 20 associates. Lee said existing ACT measures are insufficient to deal with the cross-border nature of outlaw motorcycle gang activity, with gangs having established chapters and bases in the ACT while activity crosses the NSW border.
Anti-consorting laws, as they operate in NSW, empower police to issue formal warnings and notices prohibiting people with relevant criminal convictions from associating with other specified individuals. Anti-consorting legislation varies by jurisdiction; the ACT does not currently have equivalent measures, which is central to Lee's case for introducing them.
Why the ACT Faces a Different Legal Test
The ACT Human Rights Act imposes a compatibility test on proposed legislation. Laws that restrict freedom of association face scrutiny that doesn't apply in jurisdictions without equivalent human rights charters. An academic cited by ABC acknowledged the human rights concerns around anti-consorting measures remain relevant, even as police make the case for them.
The ACT's geographic position creates a specific structural problem: clubs can establish a formal presence in Canberra while running criminal operations across the NSW border, potentially exploiting the absence of ACT consorting powers relative to NSW's existing framework.
Lee acknowledged in the ABC interview that anti-consorting legislation would not be a cure-all. Outlaw motorcycle gangs continue to operate in jurisdictions that already have such laws. His argument is that their absence in the ACT creates an avoidable disadvantage for local police.
ACT government response to Lee's call was not confirmed in available reporting. Any proposal would require ACT Legislative Assembly consideration and a human rights compatibility review before legislation could proceed.
