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| Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bill be now read a second time. The purpose of this bill is to improve the capacity of the Northern Territory’s legal system, from the police force through to the judiciary, to formally deal with gang-related criminal activities before they have a chance to take hold in the community. The provisions in this bill specifically target low, mid, and high level criminal gang activity. The government has worked closely with the Northern Territory police force in developing these laws. The bill is what police say they need to combat gangs in the Territory, whether those gangs comprise suburban youth engaging in low level offences, right through to highly organised and well funded criminal groups. This bill also recognises that low level offending can escalate into more serious criminal behaviour, behaviour that can be stopped if preventative interventions are undertaken early in the offending cycle. The provisions contained in this bill represent a measured and evidence-based response to the issues that face our communities in connection with emerging gang behaviour. The government prides itself on dealing with matters in a considered fashion, and this package of reform is a further example of that commitment to this principle. These reforms will give police powerful tools to deal with low level offending elements on our streets. It also gives the courts the ability to impose restrictions and orders that will break the cycle of criminal group activity by dismantling the power base of group leaders, requiring physical separation of gang members and restricting their ability to congregate in certain areas. I will now set out in more detail the new offences contained in this bill and how it will also amend or clarify existing provisions. First, this bill amends the Sentencing Act and Bail Act to provide for non-association and place restriction orders. These may be imposed as conditions of bail or sentence where the court thinks such an order may prevent further offences. Whilst courts can already impose similar restrictions in connection with bonds and suspended sentences, their separate inclusion in the Sentencing Act allows the court to impose these conditions independent of other orders. Contravention of such an order will constitute an offence. Inclusion in the Bail Act again allows the courts and police to impose the restrictions in addition to any other conditions, and clarifies the way in which this may be done. The Sentencing Act will also be amended to provide for a non-exhaustive list of aggravating circumstances relating to gang activity that may be considered in sentencing. These aggravating factors will include but are not limited to whether the offender committed the offence while accompanied by others, whether the offender was armed, and whether the offence involved violence or the threat of violence. Importantly, this bill will also amend the Sentencing Act to require the court when sentencing an offender to take into account any harm done to the community as a whole as a result of the offending behaviour. Amendments to the Summary Offences Act include the addition of three new offences. The offence of ‘loitering - offence following notice’, new section 47B, will deal with low-level activity. The new offence of violent disorder, section 47AA, will deal with low and mid-level, intimidating and aggressive gang activity. The new offence of consorting between known offenders, section 55A, is aimed at serious criminals with a track record of highly-organised gang-related activities. The new loitering provisions are intended to complement existing provisions, but will now give police the power to restrict a person’s access to a particular area for up to 72 hours when they suspect that that person has or is about to commit an offence, or is part of a gang that is behaving in that manner. Being in the area and being issued with a notice will not in itself constitute an offence. An offence will only be committed if the individual breaches the terms of the notice. This provision is designed to assist police to break up gangs without criminalising behaviour at the outset. The notice itself will provide a clear instruction to the individual concerned, so that they clearly understand what they are required to do under the direction. If any condition is breached, the notice itself will also provide police with a solid evidentiary basis on which to mount a prosecution. The new violent disorder offence will effectively target mid-level, intimidating gang behaviour, as recently seen in Wadeye fighting and the family feud-related violence in Yuendumu. This offence targets individuals that are part of a group that engages in a violent act, as a result of which other people would reasonably fear for their safety. A person will be guilty of an offence under this section if they know, intend, or are reckless as to the fact that the group conduct involves a violent act which would create fear. Police will be able to effectively apply this offence in a wide variety of situations, and deal firmly with violent behaviour before it irreparably damages the community. The consorting offence is designed to stop organised, high-level criminal group behaviour. Under this new section, police may issue a notice requiring that a person not consort with another specified person. This can only apply, however, in circumstances in which both are known criminals, having been previously convicted of an offence named in regulations and carrying a maximum of 10 years imprisonment. In issuing the notice prohibiting consorting, the Commissioner of Police must be satisfied that to do so is likely to prevent the commission of a prescribed offence involving multiple offenders and a substantial degree of planning. Once issued with a notice, any communication by one specified person with another specified person will result in an offence that carries a maximum penalty of two years imprisonment. I note that this new offence is not aimed at impinging on the rights of a reformed criminal, but instead will compel an offender to avoid situations and individuals that may drag him into a new criminal enterprise. Finally, the amendment to the Criminal Code is designed to simplify the operation of the riot provisions that already exist in the Code. The revised provisions will make the individual offences clearer and easier to use. It will also remove the archaic requirement that a police officer ‘reads the riot act’, ordering the crowd to disperse before they can take action to clear rioters from the area. The Police minister and I will be closely monitoring the effect and outcomes of these amendments through our respective agencies to ensure the government’s objectives are achieved. It is envisaged that a review will take place approximately 12 months after commencement. The government is very conscious of emerging gang-related activity in the Northern Territory from groups of suburban youth involved in low-level crimes through to intimidating gangs in our indigenous communities and high-level organised criminal enterprises. We are committed to providing police and our courts with the means to adequately deal with these emerging issues. They will have tools which are specifically designed to best deal with each level of activity. The close involvement of the police in developing these offences will ensure they are used effectively on the ground. Madam Speaker, I commend the bill to honourable members, and table a copy of the explanatory statement. Debate adjourned. |