Strategic Monitoring Team Interim Report to the Queensland Security Committee on the implementation of the Elimination of Criminal Gangs from Queensland Strategic Plan 2013 - 2016 April 2014 Pagel Strategic Monitoring Team Interim Report Elimination of Criminal Gangs from Queensland Executive Summary The first phase of the effort to eliminate criminal gangs (CMGs) from Queensland has been the implementation of the new laws and measures targeting criminal gangs. These laws, coupled with a zero tolerance law enforcement approach have substantially changed the operating environment. Phase 1 has been very successful with the operations of the CMGs having been severely disrupted and degraded. As of 7 April 2014, 748 CMG participants have been arrested on 1691 charges. No traditional gatherings have occurred in public since the commencement of the new provisions, gang clubhouses have either been sold, vacated or are no longer being attended, and it is uncommon for CMG participants to be observed displaying gang ?colours' in public. Apart from the significant number of CMG participants arrested on a wide range of offences, there have also been considerable falls in the level of reported crime, particularly on the Gold Coast, when compared to the same period last year. While we have been winning against the criminal gangs, the public relations campaign to ?project? themselves as simply enthusiasts cultivated some angst about the new laws in sections of the community. As a result of the CMG public relations efforts there is still some public confusion as to what the laws actually are, why the criminal organisation disruption provisions are required, and limited recognition outside of the Gold Coast that these criminal gangs affect everyday people. As we move into the next phases of the effort to eliminate CMGs we must be cognisant of the challenges the CMG and stakeholder misinformation public relations campaign has presented (and can present), learn from what has happened, and adapt as we go forward. Targeted strategies put in place throughout February and March aimed at addressing the reporting imbalance in the media, local level engagement with recreational and engaging directly with the professional associations appears to be starting to turn the tide in relation to public opinion. However, the sophisticated misinformation campaign run by the United Council and other interests, coupled with the publicity surrounding the recent High Court challenge will continue to contribute to an environment of uncertainty in the minds of some in the community. Phase 2 has commenced with the outcomes from protracted investigations into alleged serious and organised crime by CMGs such as commercial quantity drug manufacturing and trafficking, extortion rackets and complicated high level fraud starting to be recognised. Phase 2 is also focusing upon the people that help facilitate and launder the proceeds of crime. The implementation of the new industry licensing requirements (phase 3) is on track with the new provisions to commence on 1 July 2014. While efforts to eliminate CMGs from Queensland continue to be successful, the process will be protracted. A possible threat to continuing this success includes the recent High Court challenge to certain aspects of the new laws. As a law and order platform is one of the State Government?s major commitments to the community, the Strategic Monitoring Team (SMT) will ensure that all stakeholder State Government departments remain on target with their law enforcement and administrative obligations. This will include continued stakeholder and community engagement, the implementation of legislative and administrative changes such as the new licensing regimes, and a cohesive interdepartmental approach coordinated by the SMT. RTI141551: PageZ . ?Page Strategic Monitoring Team Interim Report Elimination of Criminal Gangs from Queensland Social and Environmental Assessment Prior to the commencement of Operation Resolute in late September 2013, the threats posed by CMGs across Queensland were escalating, particularly on the streets of the Gold Coast where eight of the 14 in Queensland were becoming increasingly criminally brazen, violent, more visible and highly disrUptive. The Australian Crime Commission had reported that CMG membership had increased approximately 10 per cent annually between 2007 and 2012. Rather than focusing on the increased CMG membership appears to be more aimed at intimidation for both criminal purposes and as a show of strength to other. CMGs to protect territory and drug markets. Organised criminal activity of CMGs had also been increasing. Crimes included illicit drugs, particularly the production of amphetamine type stimulants; vehicle rebirthing; firearms trafficking; fraud; money laundering; property crime; prostitution; and tax evasion. To further their criminal activities, including the expansion and protection of their criminal networks, CMG members were also committing serious offences such as arson; extortion; blackmail; intimidation using threats and actual violence; bribing and corrupting public officials; murder; and serious assaults. were seeking not only to dominate criminal activity but also attempted in their minds to ?take control? of the Gold Coast through violence and intimidation with claims made in the media by members of the Bandidos that ?We run this town? Gold Coast Bulletin 2 October 2013. Page 1. Community perceptions on the Gold Coast were that CMGs had negatively impacted on tourism, but this sentiment was not shared across the rest of the State. A swift and determined response by the Queensland Government to provide the Queensland Police Service (QPS) and other Government agencies with the legislative tools and resources necessary to eliminate CMGs from Queensland, together with a committed and zero tolerance enforcement activities has seen a significant change in the environment. CMGs are no longer highly visible in licensed premises, on the streets or in public spaces. Displays of public violence by CMG participants have all but been eliminated. Of the 42 prescribed premises (recognised gang Clubhouses), 23 are vacated, with the remainder no longer being attended by CMG participants. Across the State, it is uncommon for CMG participants to be observed displaying gang ?colours? in public. Police intelligence indicates that CMG members are actively taking measures to not attract attention to their activities, limiting exposure to prosecution by not being directly involved in criminal offences and have taken measures to insulate themselves from any CMG associations. Many CMG participants have actively sought to disassociate themselves from their previous gang, particularly once they have been arrested or if they are in Queensland Corrective Services (QSC) custody. Public confidence to report criminal activity by has increased markedly with more than a 700% increase in the number of CMG related reports being made to Crime Stoppers since September 2013. Members of the public who had been subjected to CMG-initiated fear, intimidation and extortion campaigns are now more prepared to come forward. On the Gold Coast, when compared to the same period last year, there have been significant decreases in reported crime. When comparing two identical seasonal periods of time Oct 2012 - Feb 2013 and Oct 2013 - Feb 2014, the rate of offence per 100,000 people in the Gold Coast policing district has reduced by 16.38% assault, by 31.25% for unlawful entries, by 18.47% for property damage and by 38% for armed robbery. RTI141551: Page3 Strategic Monitoring Team Interim Report Elimination of Criminal Gangs from Queensland The rate of drug offences for the same period has increased by 17.19% and this can. be attributed to more police available to carry out operations on the Gold Coast and the targeted nature of the enforcement activity. Anecdotal reports from some Gold Coast businesses indicates that venues that had become ?bikie hangouts? and suffereddeclines in patronage have now returned to normal - trade and that the continued police presence on the streets has made people feel safe to be out and about, especially at night. There also appears to have been a significant impact on the visible drug trade in and around Broadbeach. Restaurants, cafes and other tourist operators on the Gold Coast will be surveyed in the near future in an effort to confirm this anecdotal information. Strategic Monitoring Team - strategic context The SMT is using the Elimination of Criminal Gangs from Queensland Strategic Plan 2013-16 (the strategy) to coordinate, drive and monitor whole of government activities aimed at eliminating CMGs from the State. The coordinated and focused contributions of all SMT agencies are ensuring that Government resources are being maximised and that the outcomes achieved are enhanced beyond what might be expected if the effort against CMGs was limited to a short term police crackdown. The SMT has been particularly effective in enhancing cross agency coordination and facilitating partnership approaches across all three levels of government and with key stakeholders. In addition to the formal meetings, SMT members have met with key Commonwealth agencies and local government to facilitate greater interagency cooperation to prioritise and maximise efforts to eliminate CMGs from Queensland. An example of a key strategic partnership has been the establishment of the National Anti-Gang Squad (NAGS) in Queensland at QPS Headquarters. The NAGS is a fusion of Australian Federal Police, the QPS and officers from the Australian Crime Commission, the Department of Immigration and Border Protection (including customs), the Australian Tax Office (ATO) and Centrelink. The NAGS is targeting gang violence and organised crime and complements Operation Resolute with the provision of Commonwealth resources dedicated to addressing criminal gangs in Queensland. The SMT has been monitoring QPS expenditure against the budget for Operation Resolute and is satisfied that the budget is being appropriately managed by the QPS and is being used to target criminal gangs both on the Gold Coast and across Queensland. As of 31 March 2014, the QPS has advised that a total of $4.57 million has been spent on Operation Resolute. This is less than the forecasted budgeted expenditure at this stage of the operation due to some initial underspends in projected capital expenditUre associated with the Gold Coast policing hub. Cabinet The SMT has also facilitated the resolution of a number of cross agency implementation issues, is monitoring key risks associated with the implementation of the strategy and ensuring that the responsible agency takes the necessary steps to help mitigate those risks. - RTI141551: Page4 ?Page Strategic Monitoring Team - Interim Report Elimination of Criminal Gangs from Queensland The SMT has also initiated a number of research initiatives including a roundtable to be attended by a number of key academics from across Australia involved in research associated with CMGs and organised crime. The roundtable aims to clarify some misunderstandings regarding Queensland?s CMG laws, foster a dialogue between key academics and senior government officers and leverage off existing research to promote greater understanding of the CMG problem and how best it can be addressed. Achievements against the Strategy (October 2013 to 31 March 2014) The strategy articulates six lines of operation and the key strategic actions required to eliminate CMGs from the State, together with performance indicators and measures against which the ultimate success of the strategy will be measured. This report provides and an interim assessment of the achievements to date against the strategy for the six months of activity and should not be considered as an assessment of the strategy?s overall success. Future reports will be able to map changes over time against the indicators and measures contained in the strategy. Performance Indicator One seeks high levels of community awareness of the threats posed by CMGs and was measured through a segmented market research study. The research revealed that people on the Gold Coast people have a greater understanding of the threats posed by CMGs than the rest of Queensland. People surveyed in Brisbane and across the rest of Queensland agree that CMGs are involved in crime, but do not necessarily identify this activity with organised crime. To improve the results for this indicator there has been substantial media engagement including background briefings with journalists and news directors, the provision of regular enforcement footage and positive messaging through all media outlets. Orr-line media forums are also regularly conducted allowing direct questions from the public to the Operations Leader for Taskforce Maxima. Performance Indicator Two relates to community confidence that the CMG threat is being managed by Government. Again this indicator was measured by market research which indicated moderate levels of support for the new laws and measures with support significantly higher on the Gold Coast than the rest of Queensland. There was a moderate level of confidence that the CMG threat is being managed by Government, however, there were concerns that lawful are being unfairly targeted. To address these concerns and enhance community confidence, in addition to the engagement strategies mention above, senior officers from the QPS are engaging directly at the local level with recreational and clubs to clarify any misunderstandings to promote and encourage group recreational activities. Performance indicator Three measures the extent that CMG activity has been eliminated. Significant operational success since the commencement of Operation Resolute has lead to a marked reduction in CMG activity. Leoislative/Leaal Line of Operation This line of operation is ensuring that Queensland?s laws keep pace with the threats posed by criminal gangs. Highlights include: a A comprehensive suite of legislation which combats criminal organisations in Queensland by providing significant mandatory penalties for members of organised crime groups convicted of serious offences and tougher bail laws. Gang members are now banned from gathering in groups, attending specific locations, wearing gang colours at licensed venues. RTI141551: Page5 ?Page Strategic Monitoring Team - lnterirn Report Elimination of Criminal Gangs from Queensland 0 Administrative licensing provisions have also been introduced to further encourage CMG participants to disassociate otherwise they will be prohibited from working in various industries. 0 issues were identified soon after the commencement of the new bail laws which may have resulted in the release of criminal gang members on bail contrary to the intention of the operation of the new laws. Necessary legislative amendments were developed and enacted rapidly and have addressed the issue. 0 A challenge to the constitutional validity of the new laws has recently been lodged with the High Court and the SMT is ready to assist Enforcement and Prevention Line of Operation Largely being driven by Operation Resolute, Highlights to date include: - As of 7 April 2014, 748 CMG participants have been arrested on 1691 charges, 245 search warrants have been executed and 207 traffic infringement notices issued. 0 Approximately 23% of these charges have been for serious criminal offences (Section 7, Criminal Organisation Act 2009). - Nine CMG participants have been arrested on 17 charges under the Vicious Lawless Association Disestablishment Act 2014 (VLAD Act) and given the level of enforcement, this comparatively iow number is a clear sign that the new legislation is having a very strOng deterrent effect. 0 A further 12 persons have been arrested on 12 charges under the VLAD Act however they are participants of criminal organisations which are not CMGs. The cross agency liaison and partnerships developed have enhanced enforcement activities and Queensland?s resilience to criminal gangs (including the establishment of the NAGS in Queensland). CMC Economic Line of Operation This line of operation aims to deny CMGs with economic opportunities to further their criminal activities to ensure that Queensiand is a safe, secure and desirable place to live, do business, invest in, and visit. Highlights include: The OPS Criminal Economy Unit has been targeting a range of economic crimes involving CMGs resulting in several multimillion dollar fraud operations being closed down and a number of CMG participants arrested. - The OPS in partnership with the NAGS are working with the Australian Taxation Office and with the Office of State Revenue targeting financial and asset irregularities. RTI141551: Page6 5lPaoe Strategic Monitoring Team Interim Report Elimination of Criminal Gangs from Queensland The Tattoo Parlours Act 2013 and the Criminal Law (Criminal Organisation Disruption) and Other Legislation Amendment Act 2013 introduced or amended a range of licensing regimes to exclude participants in criminal organisations from working andtor owning business in certain licensed occupations under those Acts. These provisions are being progressively implemented and will commence on 1 July 2014. a Base line visitor data figures for the Gold Coast and Queensland for the year ending December 2013 showed a slight decline in domestic tourism and an increase in overseas visitors. To help address declining visitor numbers, a $15m campaign to promote the Gold Coast as Australia's theme park capital was launched on 27 October 2013. Engagement Line of Operation The Engagement line of Operation is aimed at shaping the environment to foster community support, understanding and cooperation for the actions taken by law enforcement and Government agencies to eliminate CMGs from Queensland. Highlights include: A segmented market research study conducted in December 2013 concerning Queensland?s community attitudes towards CMGs and awareness of the new measures and laws revealed: Generally there was high awareness of new laws and measures with only 6.1% unaware. Awareness of the specific measures was also high (mid 70% scores), but a quarter of Queenslanders were confused about some aspects of the law such as believing that you can?t ride in groups recreationally. About 113 of the community support the new laws and measures, 1/4 don?t support and 40% show support but with some concerns. Highest support was for tougher bail conditions and significant increases in Police and CMC resourcing, while the lowest support was for new special prison sections, longer jail sentences and the association laws. Significant community concerns surround a misunderstanding that law abiding riders will be unfairly targeted, although they did not think that their own civil liberties would in impinged. 0 There has been a sophisticated misinformation public relations campaign run predominantly by the United Council and other interests which has purposeiy generated a significant amount of confusion and misunderstanding in the community. Further investigation has revealed the public relations and misinformation campaign strategy has been a common practice in Australia and around-the world when governments aim to legislate against CMGs and their organised criminal activity. - Targeted public relations strategies including background briefing of journalists and better coordination of government messaging have seen a reduction in the level of negative media articles throughout February and March 2014. A second survey of community attitudes towards CMGs and awareness of the new measures and laws will be carried out in May 2014. RTI141551: Page? ?Page Strategic Monitoring Team Interim Report Elimination of Criminal Gangs from Queensland Corrections Line of Operation Prisoners? participation in a criminal organisation poses particular risks to the integrity of . the correctional system. Actions under this line of operation seek to restrict CMGs from participating in or coordinating criminal activity while in prison and the recruitment of other prisoners into CMGs. Highlights include: Amendments to the Corrective Services Act 2006 provided Queensland Corrective Services (QCS) with powers to segregate prisoners who participate in a criminal organisation and to restrict their privileges. Remanded and sentenced prisoners suspected of being participants in a criminal organisation are assessed by the QPS to determination if they are an identi?ed Participant of a Criminal Organisation If determined to be a the prisoner may be placed on a Criminal Organisation Segregation Order (0080) which provides for the segregation of a remanded or sentenced prisoner and for the application of a restrictive management regime. In most instances prisoners subject to a 0080 will be incarcerated at Woodford Correctional Centre in the Restricted Management Unit (RMU). The effective prisoner management regime has seen: all prisoners placed on a 0080 15 drug tests were conducted on offenders suspected or confirmed as being an with only one drug test being positive only one prisoner?on-prisoner assault involving a CMG flagged prisoner during the month of February no prisoner-on-staft assaults during the month of February 1 As at 28 February, there were 26 offenders subject to supervision on a community based order or parole suspected or confirmed as being an with five contraventions of an order condition involving a CMG offender during the month of February. Security Line of Operation The Security Line of Operation focuses no Government security, anti-corruption measures and government procurement processes. Highlights include: lawful method Page 8 7 Paoe Strategic Monitoring Team Interim Report Elimination of Criminal Gangs from Queensland lawful method RTI141551: PageQ alpage Strategic Monitoring Team - lnterim Report Elimination of Criminal Gangs from Queensland Future Focus The SMT will ensure that all stakeholder State Government departments remain on target with their law enforcement and regulatory obligations. These obligations include stakeholder and community engagement, the implementation of legislative and administrative changes in relation to the new industry licensing regimes, and a cohesive interdepartmental approach coordinated by the SMT. SMT will continue to monitor QPS expenditure in relation to Operation Resolute; in particular the establishment of the Gold Coast police ?Hub? and will prepare contingencies for Government consideration should elements of the High Court challenge be successful. RTI141551: PagelO QlPaae