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The Canberra Times
The Canberra Times
Lucy Bladen

Libs renew push for anti-consorting laws in Canberra

The ACT's opposition is pushing for anti-consorting laws in the territory targeted at outlaw motorcycle gangs with legislation introduced in the Legislative Assembly on Tuesday afternoon.

Opposition Leader Elizabeth Lee has issued the renewed call for the laws following allegations of corruption and bikie infiltration in the CFMEU.

The laws would prevent outlaw motorcycle gang members from associating with each other either in person or online.

Similar laws are in place across other states.

"The fact that the ACT is the only jurisdiction that doesn't have these laws makes it particularly vulnerable, especially because of the vicinity we are in with NSW and Victoria," Ms Lee said.

Under the proposed laws, a person would be given an official warning if they associate with a convicted offender. Once this is received it would be an offence for that person to "habitually consort" by any means with the convicted offender.

If a person is caught consorting they could face up to three years in jail.

But the official warning can only be in effect for two years after it has been given.

There are exceptions to this including meeting family members, accessing health or welfare services, counselling and drug and alcohol welfare services.

Opposition Leader Elizabeth Lee is pushing laws to prevent bikies from meeting in Canberra. Picture by Elesa Kurtz

This is the second attempt from the Liberals to introduce anti-consorting laws. The opposition previously pushed for legislation during the last Assembly term.

Ms Lee said recent allegations of criminality in the CFMEU were part of the reason the opposition was pushing for the laws again. The ACT branch has not been accused of any wrongdoing but it has been placed into administration along with all other branches.

"Canberrans have every right to question whether the same type of criminal behaviour is occurring in the ACT," she said.

There are four outlaw motorcycle gangs with a presence in the ACT including the Hells Angels, Finks, Rebels and Comancheros. Police told an Assembly committee hearing last year there were about 30 "patched" members known to reside in Canberra.

Coercive control voted down 

Another piece of legislation put forward by the Canberra Liberals was voted down on Tuesday afternoon.

Labor and the Greens voted down Deputy Opposition Leader Leanne Castley's bill to criminalise coercive control.

The opposition's legislation would have made it an offence for someone to engage in "abusive conduct" against their partner or former partner which is intended to coerce or control.

A person could have faced up to seven years in jail if they were found guilty of coercive control under the bill.

Deputy opposition leader Leanne Castley. Picture by Keegan Carroll

The government is holding off on pursuing legislative change following feedback from the support sector. The Domestic Violence Crisis Service ACT do not want the territory to legislate on the matter until there is greater understanding and education.

Coercive control is a pattern of controlling behaviours within a relationship. A person may repeatedly hurt, scare or isolate another in order to control them.

Minister for the Prevention of Domestic Violence Yvette Berry reaffirmed the government's position.

"I do not support this bill as it stands today from the many stakeholders that I have engaged with and on the advice that I have is now is not the right time to progress a standalone offence to criminalise coercive control," she said.

"What we need to ensure is any law reform will support and protect victim-survivors rather than the possibility of harm or criminalising them."

Coercive control has been criminalised in NSW and Queensland.

Ms Castley said the ACT should be in line with other jurisdictions.

"It is essential that the ACT criminal justice system's approach to domestic and family violence is consistent with that of our neighbours," she said.

"The fact is the ACT is being left behind because our government lacks the willpower and common sense to treat coercive control for what it is: A criminal form of abuse."

The Liberals bill included a 12-month implementation period and an education campaign.

"History will not be kind to this government, which has betrayed the most vulnerable in our community. This government has failed to take action on coercive control, which will keep killing and keep tearing families apart," Ms Castley said.

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