Bikie law ruling to prompt re-think in other states - ABC News (Australian Broadcasting Corporation) : "Opinions are divided over whet...
Bikie law ruling to prompt re-think in other states - ABC News (Australian Broadcasting Corporation): "Opinions are divided over whether the High Court's ruling on South Australia's anti-bikie laws will have implications for other states with similar legislation.
Six of the seven High Court justices have ruled as constitutionally invalid the section of the South Australian law that says courts are obliged to issue control orders against bikies at the government's instruction.
In other words, the courts must do what the government says. But Chief Justice Robert French said that distorts the court's institutional integrity and puts its independence at risk.
He agreed with another justice on the repugnancy of the process.
The ruling raises questions about similar and proposed laws in other states, particularly given New South Wales and Queensland looked to South Australia as a template."
Six of the seven High Court justices have ruled as constitutionally invalid the section of the South Australian law that says courts are obliged to issue control orders against bikies at the government's instruction.
In other words, the courts must do what the government says. But Chief Justice Robert French said that distorts the court's institutional integrity and puts its independence at risk.
He agreed with another justice on the repugnancy of the process.
The ruling raises questions about similar and proposed laws in other states, particularly given New South Wales and Queensland looked to South Australia as a template."
