Statement
President of the Law Society of NSW Joanne van der Plaat
Outlaw criminal groups are a dangerous and too often deadly threat to community safety, but any new laws to deal with them must be based on clear evidence and the subject of targeted and careful consideration.
While the Law Society of NSW considers there is already ample police power to confiscate criminal assets and proceeds of crime, the experts on our committees are ready and willing to engage in genuine consultation on any proposed measure relating to ‘unexplained wealth’.
Our committees are made up of some of the most experienced practitioners in our state and are able to offer invaluable input to help ensure any measure is just, fair, targeted appropriately and designed to avoid any unintended consequences.
The Law Society notes coverage of this issue includes reference to Police to act against those they ‘have proved’ have “wealth more than the lawfully acquired value of their wealth.” To whom are police to present this proof and will the person the subject of the application be afforded the procedural fairness of being able to refute the police assertion?
The Law Society would be most concerned if a proposed power to confiscate ‘unexplained wealth’ would reverse the onus of proof. This could require a person who may have absolutely no connection with the drug trade, or any other criminality, to prove their wealth was not the result of criminal activity. This approach upends centuries of criminal law requiring the Crown to prove its case.
I invite the Deputy Premier and Police Minister along with his Commissioner and the Attorney General to discuss with me in confidence any measures the government is considering and to commence the consultation process.
