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Over the past decade, Australian policing has undergone a quiet revolution from conventional law enforcement to preventative policing. What began as a crackdown on outlaw motorcycle gangs (OMCG) now risks affecting the lives of everyday Australians.
The slippery slope from OMCG to Everyday Australians
Following public outcry over OMCG violence across NSW, sweeping legislative amendments were enacted, the Crimes (Criminal Organisations Control) Act 2009 (NSW), allowed for control orders based not on proven crimes, but membership, association, and even perceived risk[1].
No conviction? No problem. If the police thought you were connected to an OMCG, they could seize your phones, prevent contact with other members and enforced surveillance measures. This crackdown was seen as largely effective by police and the wider community.
Guns, Domestic Violence, and the Expansion of Power
Then in 2013 came Firearms Prohibition Orders, allowing police significant powers to detain, enter and search property without a warrant.
In the current political climate surrounding domestic violence, Apprehended Violence Orders (AVOs) have also been expanded. Although AVOs are civil in nature and can be imposed without a finding of guilt, a breach of an AVO is a criminal offence.
The Average Aussie Is Next
Under Section 21(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)[2], police must ‘suspect on reasonable grounds’ that a person has committed an offence or is in possession of something unlawful, before a stop and search.
But fast-forward to 2025, and regular Aussies commuting to work in Sydney’s busiest train stations (including Town Hall and Central) are being stopped, searched and patted down by police conducting intrusive frisk searches after nearby knife attacks.
While in Victoria, legislators have just passed knife search laws giving police unprecedented power to search anyone in "declared areas", which can cover shopping centres, transportation and other public spaces[3].
This is no longer about OMCG's or gun-ownership. This is about you, and your rights to go about your day-to-day life without intrusion.
A Legal System Turned Upside Down
Overenforcement of preventative policing turns the criminal justice system on its head. The presumption of innocence, a foundational concept of our criminal justice system, is being chipped away.
Police and government agencies may argue that these powers are effective. But your right to freedom from unlawful searches should matter even more.
Know your Rights, Protect your Reputation
At Rep-Revive Criminal Lawyers, we see firsthand how these expanding powers affect our clients’ facing charges related to weapons offences, drug possession, or domestic violence.
If you've been targeted by police, served with an AVO, or subjected to a warrantless search, you don't have to face it alone.
Contact us today for expert legal advice from an experienced criminal defence lawyer committed to protecting your rights and reputation. Call us at 02 9198 1996 and book a free consultation today!
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