Consorting Laws in Victoria

Another piece of Victorian legislation that deals with consorting is the Criminal Organisation Control Act 2012 (Vic).

Section 124A(1) of the act makes it an offence for individuals who have been convicted of a serious criminal offence from association but only if they have been served with an “unlawful association notice” to an individual who is specified in that notice (“Specified Individual”) and continues to associate with the Specified Individual for a period of:

1. on 3 or more occasions in a 3 month period; or
2. on 6 or more occasions in a 12 month period.

A contravention of s 124A(1) is an indictable offence which upon conviction, is punishable by a custodial sentence of 3 years or 360 penalty units or both.

There are lawful excuses under s 124(3) of the Act in the following circumstances:

1. those individuals are family members; and
2. those individuals associate for a purpose that is not an ulterior purpose.

Section 124(4) provides further excuses for associating providing the association is not for an ulterior purpose and connected to:

1. the lawful employment or the lawful operation of a business;
2. in the course of participating in education or vocational training;
3. while either or both of them are being provided a health service;
4. while either or both of them are being provided legal advice;
5. while in lawful custody or in the course of complying with an order, requirement or direction
6. for genuine political purposes, or in lawful protest or industrial action;
7. in accordance with a lawful association authority granted to the individual;
8. at a gazetted event or gathering.

Under the act “ulterior purpose” means—

1. the purpose to avoid the application of subsection (1); or
2. the purpose of planning, inciting or committing an offence; or
3. the purpose of expanding an organised criminal group or criminal network.

Proving an ulterior purpose which is a state of mind, would be hard for any prosecution to prove unless there was such evidence obtained from an LD, TI or something in writing such as emails or text messages that may support such contention.