Due process, natural justice, Kable and organisational control legislation

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2009) Due process, natural justice, Kable and organisational control legislation. Public Law Review, 20 (4). pp. 290-305. ISSN 1034-3024

Abstract

This article considers South Australian legislation which criminalises membership in an organisation proscribed by that State's Attorney General. Once the Attorney has proscribed an organisation, the Police Commissioner can apply for a control order against members of the organisation. The court must make such an order, and it has the effect that it is a crime for one member of the organisation to meet with another, punishable by a jail term. The legislation was held invalid by the Supreme Court of South Australia by a 2-1 majority, however an appeal has been filed to the High Court.

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Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	Yes
Item Status:	Live Archive
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Date Deposited:	22 Dec 2009 05:11
Last Modified:	23 Aug 2021 23:46
Uncontrolled Keywords:	due process; Kable; bikies; natural justice
Fields of Research (2008):	18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law 16 Studies in Human Society > 1605 Policy and Administration > 160504 Crime Policy
Fields of Research (2020):	48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law 48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified 44 HUMAN SOCIETY > 4407 Policy and administration > 440702 Crime policy
Socio-Economic Objectives (2008):	C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940203 Political Systems
URI:	http://eprints.usq.edu.au/id/eprint/6311

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