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The High Court has ruled that legislation aimed at outlawing motorcycle gangs, passed by NSW Parliament in 2009, is invalid. The Supreme Court had been asked by police to issue a declaration under the Act outlawing the Hells Angels motorcycle club in NSW. A member of the club, Derek Wainohu, applied to have the law declared invalid.
In Wainohu v New South Wales [2011] HCA 24, 23 June 2011, the High Court was asked whether the Crimes (Criminal Organisations Control) Act 2009 (NSW) or any provision or part of it was invalid on the grounds that:
The High Court held that the Act was invalid on the first basis because of the lack of obligation to give reasons for making a declaration.
Wainohu v New South Wales [2011] HCA 24, 23 June 2011. See Lawcite.
1. Newspaper articles on Proquest ANZ Newsstand, available remotely to registered clients of the State Library of NSW. Type in bikie gang and high court.
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