Transcript
Did you know you can be charged just for hanging around with certain people? That’s what consorting laws are in Victoria.
Consorting laws make it an offence to regularly associate with convicted criminals if you’ve been warned by police not to. The aim is to stop organised crime groups from working together. Even if you’re not committing a new offence, just being in contact with certain people can get you charged. This law is controversial because it restricts freedom of association, but courts do enforce it. Penalties include fines and imprisonment. Police usually give you a warning before charges.
This is general information only. If you’ve been charged under consorting laws, seek legal advice.
Understanding Unlawful Association Notices in Victoria
Victoria’s unlawful association laws allow police to regulate contact between people after issuing a formal unlawful association notice. These laws often surprise people because they can lead to charges even when police do not allege any other new criminal conduct beyond breaching the notice. If you are searching “unlawful association notice Victoria” or “can police restrict who I see,” this video explains how the law works in practice. It outlines what an unlawful association notice does, how police use it, and why Parliament introduced these powers to address organised criminal activity.
How Victoria Regulates Unlawful Association
Victoria regulates unlawful association through Part 5A of the Criminal Organisations Control Act 2012 (Vic). Parliament introduced these provisions to address the risk that ongoing associations can facilitate criminal groups or networks. The scheme focuses on limiting specified contact rather than punishing new offending.
What Is an Unlawful Association Notice?
At the centre of the scheme sits the unlawful association notice. A police officer authorised under the Act can issue this notice in defined circumstances. Once the police serve the notice, it takes effect immediately. The notice identifies one or more specified individuals and directs the recipient not to associate with them. The Act sets the maximum period the notice can remain in force, unless it ends earlier through revocation.
What Happens After Police Serve a Notice?
After service of a notice, the Act imposes a legal obligation. The recipient must comply with the conditions of the notice while it operates. Section 124A creates the offence for contravening an unlawful association notice. The provision makes it an offence to associate with a specified individual in breach of the notice. The Act classifies the offence as indictable and sets a maximum penalty of imprisonment, a fine, or both.
What Counts as Association?
The Act also defines what it means to “associate with” another person. The definition includes being in a person’s company where you seek or accept that company. It also includes communication where you seek or accept it, including electronic communication. This definition means the law looks at conduct and context, not simply physical location.
Exceptions to Unlawful Association Rules
At the same time, the legislation recognises that some forms of contact occur for legitimate reasons. Section 124A contains specific exceptions. One exception applies to the association between family members where the association has no ulterior purpose. Other exceptions apply where the association occurs for lawful and legitimate reasons and has no ulterior purpose. These reasons include lawful employment or business, education or training, receiving health services, receiving specified welfare services, and obtaining legal advice. The Act also recognises association for genuine political purposes, lawful protest, and lawful industrial action.
Practical Risks After Receiving a Notice
Despite these exceptions, unlawful association notices often create practical difficulties. Some people assume contact in public settings carries no legal risk. The Act does not focus on where contact occurs. It focuses on whether an association or communication happens in breach of the notice. Others assume brief or informal contact automatically falls outside the law. The Act does not make that distinction. Relying on an exception without clear supporting circumstances can also expose a person to risk.
Steps to Take After Receiving a Notice
For these reasons, early and careful action matters. Read the notice closely and identify the individuals it names. Consider how everyday situations might create contact, including shared workplaces, family events, or mutual acquaintances. Planning ahead can help avoid accidental breaches.
Can You Challenge an Unlawful Association Notice?
The Act also provides mechanisms to challenge a notice. A person may apply to the Chief Commissioner of Police for revocation. The Act also provides internal review processes for certain decisions. Importantly, applying for revocation or review does not suspend the operation of the notice. Legal advice can help assess whether a challenge is available and how to manage compliance in the meantime.
Why Legal Advice Matters
Finally, public authorities in Victoria must act consistently with the Charter of Human Rights and Responsibilities when exercising statutory powers. A lawyer can examine whether the police issued a notice in accordance with the Act and whether the decision involved proper consideration of relevant rights. Early advice can reduce the risk of escalation into criminal proceedings.
