Kawasaki Sportsbike Riders Club - Australia - Online Forum

Police and politicians have been forced back to the drawing board in their fight against serious gang-related crime after a single Hells Angels member succeeded in having NSW's tough anti-bikie laws scrapped.

In a remarkable legal challenge which could have national ramifications, Derek Wainohu, a Sydney Hells Angels member, asked the High Court to declare the Crimes (Criminal Organisations Control) Act invalid.

The law was introduced in 2009 by former premier Nathan Rees, just 12 days after bikie associate Anthony Zervas was killed during a mass brawl at Sydney Airport.

The Law Society of NSW said at the time the legislation was an over-reaction.

It effectively gave the Supreme Court the power to outlaw bikie gangs and force members to avoid contact with each other or face up to five years' jail.

But in a verdict on Thursday, the full bench in Canberra agreed with Mr Wainohu's assertion the law could have impinged individual freedoms.

The NSW government has been ordered to pay the full legal costs in the case, which Mr Wainohu's lawyer Wayne Baffsky said amounted to about $300,000.

"We're very, very happy," Mr Baffsky told AAP.

"It's not just for them (Hells Angels), it's for the people of NSW. Because the extent of the law was extraordinary.

"It was a frightening act in my opinion that targets two or more people."

The United Motorcycle Council NSW welcomed the ruling, as did the Brotherhood Christian Motorcycle Club (BCMC).

"We believe that the legislation was exceedingly dangerous for the whole of Australian society," BCMC spokesman Greg Hirst said.

Law Society of NSW president Stuart Westgarth called the former law a "reaction to a particularly nasty situation".

"We put forward a number of objections to the legislation," Mr Westgarth said.

University of NSW Faculty of Law senior research fellow Christopher Michaelson compared the Act with that of a dictatorial regime.

"I have great concerns about laws which criminalise membership in organisations as opposed to individual criminal behaviour," Dr Michaelson told AAP.

"This is much the practice of dictatorial regimes with little regard to the right to assembly and freedom of organisation."

Police Association of NSW president Scott Weber said the law had problems from the start.

"So it is not surprising that the High Court has overturned them," Mr Weber said.

Police should have the same powers as the NSW Crime Commission to investigate unexplained wealth and earnings of organised crime, saying this would be a better way of combating criminal activities by bikie gangs, Mr Weber said.

NSW Attorney-General Greg Smith said he would now look at new legislation.

"We will examine whether legislation can be prepared which will adequately address the concerns of the High Court, but will not allow this decision to slow the NSW government's crackdown on organised crime," Mr Smith said in a statement.

In their ruling, the High Court judges agreed with concerns that the anti-bikie law meant normal court procedures could be bypassed.

Their concerns centred on the fact that defendants could not appeal decisions made under the Act, the provision for hearings to be held in private and the lack of regard for the normal rules of evidence.

The judges said the Supreme Court would be asked to make rulings "without regard to the rules of evidence", based on information not disclosed to defendants and with no obligation to provide any reasons for judgments.

NSW's anti-bikie laws were partly based on legislation in South Australia, parts of which were ruled unconstitutional in 2010.

Politicians in SA were watching the NSW case closely.

SA Premier Mike Rann reiterated his vow to keep up the fight against bikie gangs.

"We do not resile from what we're doing, we're going to keep coming at them," Mr Rann told reporters.

"The bikies might think that they got a free kick from the High Court but they will not be getting a free kick from us."

Glen wrote:Awesome....Meth Labs for everyone

Gosling1 wrote:Its a total breach of NSW Police stand that they would never use this law in this manner - especially against those unfortunate buggers who have a mental illness !

aardvark wrote:.....Are the new consorting laws the same as the "anti-bikie" laws Gos, or have they simply revised the old consorting laws?......

Phil wrote:......Does that mean the CDT is in danger ......