Casting the Net Too Wide: The Disproportionate Infringement of the Right to Freedom of Association by Queensland's Consorting Laws
O'Sullivan, Carmel (2019) Casting the Net Too Wide: The Disproportionate Infringement of the Right to Freedom of Association by Queensland's Consorting Laws. Australian Journal of Human Rights, 25 (2). pp. 263-280.
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Abstract
Queensland has introduced a new consorting offence that prohibits a person from associating with ‘recognised offenders’ after a police officer has warned them not to do so. The purported objective of the implementing law is to prevent serious and organised crime. However, the consorting provisions cast a very wide net, which captures persons, activities and associations with no discernible connection to serious and organised crime. This article argues that the implementing law violates the right to freedom of association, as the consorting provisions are not proportionate to its professed aim. The law is therefore causing Australia to breach its international human rights obligations. This finding is relevant to Queensland, other Australian states that have a consorting offence and other Australian states that are considering implementing a similar offence.
| Item ID: | 89035 |
|---|---|
| Item Type: | Article (Research - C1) |
| ISSN: | 2573-573X |
| Copyright Information: | © 2019 Australian Journal of Human Rights |
| Date Deposited: | 22 Oct 2025 02:54 |
| FoR Codes: | 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480401 Criminal law @ 100% |
| SEO Codes: | 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230403 Criminal justice @ 100% |
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