Jacques Cove, a 21-year-old law student, juggles his studies with a part-time job at his uncle Steve's company, which specialises in selling and installing smart home products. Growing up in the Port Phillip Bay area, Jacques has a deep passion for water sports and has been a staunch advocate for commercial fishing bans in the bay, particularly in support of protecting marine life and the endangered seals on nearby sandbanks.
His uncle Steve shares Jacques's environmental concerns, and he is an active member of the Coral Reef Conservancy, an environmental activist group situated in their new home based in Altona. This like-minded group patrols the waters from Altona to Portsea using jet skis and dinghies to enforce the commercial net fishing ban introduced by Victorian Fisheries in 2017. The activists, identified by their club logo bandanas, have successfully prevented illegal net fishing by aggressively confronting fishing vessels; frequently risking collisions to protect marine life, especially native fur seals.
Recently, Jacques learned of a fishing vessel that had illegally fished in the bay, and, shockingly, there were reports of the fishermen on board firing random shots at seals, resulting in the death of 25 adult seals and 4 young ones. Outraged by this, Jacques contacts his uncle Steve with the suggestion of publicly exposing and condemning the vessel's owner as 'murdering savages' and 'scum'. His proposed plan involves approaching the vessel by jet ski at night to attach a massive banner, and then immobilising the vessel by dismantling its main propeller’s screws.
Steve discusses Jacques's plan with Bodhi, the founder of Coral Reef Conservancy. Following this conversation, Steve informed Jacques that should he successfully execute his plan, he will be granted membership in Coral Reef Conservancy and that he should regard it as his initiation.
Bodhi runs Coral Reef Conservancy with Big Mike. a former Hell Riders’ bikie gang member. Members can make use of the clubhouse facilities and all of its equipment (including dinghies and jet skis) for free.
As Jacques prepares to carry out his plan, he learns about the Criminal Organisations Control Act 2012 (Vic) in one of his lectures, which relates to bikie gangs. Concerned about the potential implications for the Coral Reef Conservancy, Jacques did some background research at the university library and discovers in a news article that Bodhi has a criminal record for drug trafficking and served a 10-year jail sentence in Bali. Additionally, he discovered that Big Mike was a person of interest when he was a member of Hell Riders, who had been suspected of involvement in armed robberies and drug trafficking in NSW. Recent news outlets have been reporting about an increased in drug offenses in the Altona area involving meth and cocaine, and Jacques is now worried about the possible connections with Coral Reef Conservancy in the area.
Concerned about the possible legal ramifications, Jacques seeks legal advice from Haller & Associates who agrees to research the legal implications of the Criminal Organisations Control Act 2012 (Vic) on him and his family.
Assignment instructions
Read the instructions very carefully. Please answer all questions in the form of a research memorandum.
Please note that as this is an individual assessment, you are expected to work on the assessment yourself and not collaborate or communicate your work or ideas with another student in the class. Evidence of any collaboration with another student in completing this assignment may amount to academic misconduct for all parties. In relation to this, I propose that you read the Plagiarism policy set out in the Unit Outline.
Imagine that you work as a junior solicitor in the law firm, Haller & Associates. You report directly to Mr Michael Haller, a partner in your law firm. Mr Haller would like you to prepare a detailed legal memorandum for him on the following.
In your answer, you are expected to, among others, include the following matters:
Could Coral Reef Conservancybe a ‘declared organisation’ under s 19 Criminal Organisations Control Act 2012 (Vic)?
Would Jacques and Steve be subjected to a ‘control order’ under the Criminal Organisations Control Act 2012 (Vic)?
If Jacques is subject to a control order, could he still follow through with his protest?
Note: Only consult the Criminal Organisations Control Act 2012 (Vic) in writing your legal memo. Do not consult any other legislation apart from Interpretation of Legislation Act 1984 (Vic). You may use any extrinsic materials you think are relevant, such as the Minister’s second reading speech. This is available in the relevant Hansard reports of the Victorian parliament. You are also expected to use case law that support any interpretive approach or principle.
2500 words