New QLD VLAD legislation- not just about 'bikies'

[gtarman]

I think it's more likely that Campbell Newman and VLAD will become a thing of the past. He's just done way too much stupid shit to have a decent chance at getting re-elected IMO, almost every sensible person who isn't a dyed-in-the-wool supporter is losing faith in him (although admittedly the percentage of sensible people in the population is not what it used to be).

You can get away with being pretty right-wing in QLD, moreso than in other places...but Newman is borderline extremist, and when you lose the confidence of the moderate and swing voters you've got Buckley's of ending up in charge of anything.

That's why even though a lot of the Liberal party is much more right-wing than they admit openly, they keep it under wraps. Because they understand that if they admit openly to being climate change skeptics, or to being homophobic or racist and xenophobic - they know that they will lose the confidence of people who otherwise might look the other way. That's why Tony had to turf Cory Bernardi - because he let the cat out of the bag and the party would have suffered for it if they didn't dismiss him - even though some (likely many) amongst the Liberal ranks share such views as those that led to him getting the sack.

So they pay lip service to what they know won't offend the majority when in reality their actions tend to speak for themselves. They will settle for (barely) plausible deniability. Which works fine for them because as long as they keep Rupert Murdoch happy they have the press in their pockets - then all they have to do is avoid the ABC and SBS whenever possible (or cut their funding, as they're considering).

You can see how swiftly that falls on it's arse whenever Kerry O'Brien interviews Tony Abbott - because Abbott is too flat-footed and dim-witted to weasel away from anybody who actually calls him out on his bullshit and puts him on the spot.

Edited January 18, 2014 by gtarman

[Bigred]

 

[Darklight]

I didn't realise how much time had passed since I last hit this thread. It's not like nothing's been happening. Anyone else following the QLD catastrophe?

If you read nothing else today- read this:

http://mobile.abc.net.au/news/2014-02-03/fitzgerald-crooke-queensland/5230272

Tony Fitzgerald and a colleague of his wrote it. Fitzgerald's the QC who headed the Fitzgerald Inquiry in QLD in 1987-89 into QLD state police corruption. The Inquiry was welcomed and much feted and then promptly nothing was done about several of it's recommendations because the endorphins had already kicked in state-wide so people thought the infection had been dealt with

This piece is a beautiful, accurate description of the train wreck that is QLD, written by people who know why, and how it happened

It's the reason the LNP at all levels is afraid of the ABC. Murdoch would never have published it

[-RC-]

^^

Fucking great article. Thanks for that

[whitewind]

http://www.theguardian.com/commentisfree/2014/feb/06/in-queensland-drinking-with-the-wrong-crowd-can-get-you-six-months-in-solitary

[C_T]

um if you think you got rights on the side of the road, you absolutely kidding yourself...

[C_T]

id maybe support the badge, if it werent pink.

[Darklight]

If the QLD govt has decided you are a bikie, or an associate, they can take away your trades licence and livelihood as of 1 July. You lose.

The ridiculous QLD VLAD and CODA legislation is already impacting everyday people's lives in ways that even I cannot have forseen. For example, travelling to seek healthcare in QLD ( my nearest capital city ) is problematic for people in my small town, as many are considered to be bikies, or associates despite not being patched at all. And they don't have enough legal nouse or resources available to look over all the legislation to check that each specific travel and treatment incidence does not breach the legislation in such a way as to leave them open to arrest. This is one example, there are many more

http://www.bikeme.tv/index.php/freedom-dies-1-july-2014/

FREEDOM DIES 1 JULY, 2014

The first day of July, 2014 marks the final death of freedom in Queensland.

After months of vilification, Government endorsed police harassment, and a ban on association for any person with any conceivable and tenuous links to Jarrod Bleijie’s personally devised list of socially undesirables, the circle is complete.

From the first of July, 2014, the final draconian law in Campbell Newman’s suite of morally and ethically repugnant Acts, will see innocent Queenslanders lose their livelihood, and the right to work in their trade or their chosen profession.

No evidence of criminal activity is required.

No proof of involvement in crime.

All that is required is that the police allege you have some kind of link with one of the Outlaw Motorcycle Clubs arbitrarily declared by the Newman Government in 2013 to be a ‘Criminal Organisation’.

And there is no get-out-clause, no opt-out provision. And no right of appeal. Those impacted by this gross infringement of their right to seek gainful employment will not be privy to the information held against them.

And so Campbell Newman will have successfully ostracised and criminalised an entire sub-culture.

It is not the Government’s place to interfere in social activities, or pass judgement on friendships or the job choice you make when supporting oneself and family – provided a person acts within the law. Yet here we see, in the twenty-first century, in a time of peace and prosperity, an Australian State Government is doing just this.

And doing it with the full support of much of the public, elected representatives and the Police Service.

( snip )

[-YT-]

thanks for the constant updates/info Darklight

Pretty scary stuff considering the implications this and the association laws can and will have on citizens lifes now and into the future.

[Darklight]

Today's ugly, scary QLD shit.

You can now fill in a lovely Queensland police form and tell them all sorts of details about your life.

In return, they will add those details to their file, which may contain things you aren't allowed to see which were mentioned in their star chambers, without your knowledge or any ability to check for correctness.

Then they may, or may not decide whether you are a member or associate. Which may or may not affect your ability to work or move freely around the state undisturbed

http://www.police.qld.gov.au/programs/disassociateFromCMG.htm

How to disassociate from a Criminal Motorcycle Gang

From July 1, 2014, the licensing requirements in a number of industries will change and active members, or associates, of declared criminal organisations (including Criminal Motorcycle Gangs) will be prohibited from gaining licences to work in those selected industries.

The Queensland Police Service (QPS) has introduced a process where people can disassociate from a Criminal Motorcycle Gang (CMG).

Those wishing to disassociate and show they no longer have links to a CMG should complete a Disassociation Declaration or a Statutory Declaration.

• The Disassociation Declaration is located at www.police.qld.gov.au/services/form/;
• The Statutory Declaration is located at www.courts.qld.gov.au

The completed form, and associated documents, should then be either emailed to [email protected], posted to QPS State Intelligence, GPO Box 1440, Brisbane Q 4001 or handed in at any police station or police beat.

Once received by QPS, the completed declaration of disassociation will be noted and taken into account should the QPS have cause to assess your status as a participant in a criminal organisation as required by law or otherwise.

For more information, please refer to the following FAQ or call (07) 3015 2680.

etc ( snipped )

[Darklight]

The date on the Licensing Requirements affected by the legislation ( whereby if you are deemed to be a member or associate you will lose your trades license for a number of trades ) has been moved until after the QLD election. You need to read the full article to get all those details

The trades license procisions are much wider than security, tattoo and locksmith industries- definitely including electrical trades and I have heard mention of them being applied to all construction trades and the tow-truck industry as well, but don't have links to hand to confirm right now

http://www.theaustralian.com.au/news/crackdown-on-bikies-trade-rights-put-on-hold/story-e6frg6n6-1226955220045

CONTROVERSIAL laws to cancel the work licences of Queensland tradesman with alleged links to bikies have been shelved by the Newman government weeks before they were to come into force.

Attorney-General Jarrod ­Bleijie confirmed the crackdown on the 240,000-strong workforce had been put on hold despite the laws — which involved using ­secret police intelligence in closed court hearings — being applied to the security, locksmith and tattoo industries from July 1

(snipped )

[Darklight]

Eva Cripps over at BIKE ME! has expertly and succinctly explained why filling out the QPS Declaration of Disassociation form is a really, really stupid idea

http://www.bikeme.tv/index.php/dont-fill-form/

DON’T FILL OUT THAT FORM

In a banal attempt to get so-called bikies and their associates to incriminate themselves and provide the evidence for their own prosecutions, the Queensland Police Service has devised an online form called the ‘Declaration of Disassociation’ for Queenslanders to fill out, along with some instructions called ‘How to Disassociate from a Criminal Motorcycle Gang’.

This form has no legal basis whatsoever.

There are no provisions in any of the legislation, including the anti-association provisions, reversal against the presumption of bail or VLAD Act for ‘disassociation’.

_________________________________________

(snip) Go and read the rest of the article there. It's worth it

[Darklight]

From Barrister Wayne Baffsky- an update on the QLD High Court challenge, NSW consorting laws etc:

Qld. Anti-Rights Laws

It looks like we have a hearing in the High Court in the first week in September. It could always change, as happened with the challenge to the NSW consorting laws. However, we are preparing our arguments and submissions which need to be filed in a couple of weeks.

We are still skirmishing with the State of Queensland over 'Agreed Facts', however, Justice Keane will not allow it to delay our challenge.

I have seen some of the material that, I gather, has been used to support the views of the Queensland Government towards OMCs. The material I have seen is mostly speculation and guesswork. If this government makes decisions in other areas of government based on similar works, then I would be very scared for the Queensland people.

The material I have seen is not based on any intellectual attempt to understand members of OMCs or what they actually do, or any rigorous investigation into the clubs and it is certainly not based on any evidence. It does appear to make guesses based on stereotypes, the same kind of stereotypes raised in the consorting appeal by one or two of the intervenors and rejected by the High Court.

The Queensland government also want to use figures which they say shows crime going down because of the new laws. Their argument is that they should keep these new laws because of this. An ends justifies the means approach. However, there is a problem with these figures. Assuming their accuracy of the figures, the crimes against the person on the Gold Coast, to which these figures relate, are being committed by drunk young males not members of OMCs. This has generally been accepted by most stakeholders with an interest in such matters up there. The problem is drunk young males NOT members of motorcycle clubs. Geeze, when will the Qld pollies understand this?

Apparently, there has been a legal opinion provided to the Qld. Government doing the rounds up there. This opinion, I'm told, says the government will lose the High Court appeal and be up for a fortune in compensation. Let me just say this; if that opinion is signed by four High Court judges, then I'll jump up and down and do a dance, otherwise I'll just go hmmmm. Ok, I'm also hoping its prescient. Or predictive? Foretelling? Hoping? Whatever.

QLD Disassociation Affidavit

This affidavit, to be found online, that Qld police are saying former members or members of OMC clubs should swear to show they are not members of these clubs any longer is a sick joke. As is already apparent to many of you, all this does is to have sworn evidence to use against you so the VLAD Act, the Criminal Code and the Bail Act applies to you. It has NO legal status and I can see the police will reject what you say in it and argue you are still a member if you end up in court for any reason. If you weigh up the pros and cons, the cons outweigh the pros. As they usually do. lol in joke.

NSW consorting appeal

We are still waiting for the High Court's decision in this matter. Interestingly, I just became aware of a US Supreme Court decision in McCullen et al v. Coakley, AG of Mass. It was concerning a law preventing people from hanging around outside abortion clinics. Basically the US Supreme Court ruled it infringed the first amendment. (freedom of speech). This would have been useful in our consorting appeal, however it will be useful in the Qld appeal.

Aussie Media

Members of motorcycle clubs are still being accused of every crime in the book and the media is certainly on the bandwagon. In Queensland nearly every person charged with a crime is a member or an associate of an OMC and the other state's media are catching up. No matter who commits a crime, that person is nearly always called an associate of OMCs. Too many people believe where there is smoke there is fire. You have to remember that almost all of the information the media receive about crime comes from the police and they are only going to say what suits them. And it suits them to attack members of motorcycle clubs.

Peter Gueste

The gaoling of this journalist in Egypt is despicable. Please sign any petition doing the rounds for his release. It shows what happens when a government has absolute power. Queensland can't be too far behind. Journalist in Egypt. Librarian in Queensland.

[Darklight]

Thankfully we are protected against unwittingly falling foul of the QLD legislation when attending libraries

All that reading an' writing shit, we wouldn't want it to fall into the wrong hands. Don't you worry about that.

Council may have done this to protect their valued staff member, or to protect themselves, or she may have requested the measures to ensure she isn't arrested again. Because you never know who is lurking around the non-fiction sections.

http://news.ninemsn.com.au/national/2014/07/04/04/48/bikie-librarian-girlfriend-moved-to-back-room

Bikie's librarian girlfriend moved to back room

4:48am July 4, 2014

A Brisbane bikie's librarian girlfriend has been banished to the back room of the suburban council library where she works and instructed to use a fake name when answering calls.

Sally Kuether has also been stripped of her uniform and name badge and must use the library's rear entrance, the Courier-Mail reports.

The mother-of-three also must not talk to patrons.

Ms Kuether was controversially arrested in January under Queensland's gang anti-association laws amid a crackdown on bikies.

Her alleged crime was visiting a pub with her boyfriend, a member of the Life and Death bikie gang, and his clubmate.

She is currently awaiting trial and may face up to six months in prison.

Ms Kuether reportedly has not protested her new work conditions at the council library but Queensland Council of Civil Liberties president ­Michael Cope accused Brisbane City Council of being "absurd".

"Even if she is found guilty, it's an absurd charge that can't possibly be of any concern to any member of the public," he was quoted as saying

[waterboy 2.0]

A Brisbane bikie's librarian girlfriend has been banished to the back room of the suburban council library where she works and instructed to use a fake name when answering calls.

Sally Kuether has also been stripped of her uniform and name badge and must use the library's rear entrance, the

WTF is going wrong with this country?

[Darklight]

High court in QLD hands down it's judgement tomorrow on this. Keep an eye out for it, and for commentary

[ThunderIdeal]

this seems to be it. thrown out of court.

http://www.tweeddailynews.com.au/news/queensland-awaits-verdict-on-vlad-laws/2452653/