LAWS107 Quiz: Wainohu v NSW
Document Summary
The high court today held the crimes (criminal organisations control) act 2009 (nsw) ("the act") invalid. Under the act, a judge who had been designated an "eligible judge" by the attorney-general could make a declaration in relation to an organisation. Section 13(2) of the act provided that an eligible judge had no obligation to provide reasons for making or refusing to make a declaration. If a declaration was made in respect of an organisation, the supreme court was empowered, on the application of the commissioner of. Police, to make control orders against individual members of that organisation. A person the subject of a control order was referred to in the act as a "controlled member". It is an offence for controlled members of an organisation to associate with one another. They are also barred from certain classes of business and certain occupations. The plaintiff, mr wainohu, is a member of the club.
