South Australia v Totani () HCA 39 is a decision of the High Court of Australia on the issue of Separation of Powers under the Australian Constitution.
== Background ==
In 2008 there was a move for controlling the activities of Outlaw Motorcycle clubs by numerous Australian state governments that culminated in the South Australian Parliament introducing the (Serious and Organised Crime (Control) Act 2008 ) ''(SA)''. The effect of this legislation was to allow… ''the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations, their members and associates''.
Specifically section 14, that read:
:''The Court must, on application by the Commissioner, make a control order against a person (the defendant) if the Court is satisfied that the defendant is a member of a declared organisation.''〔Serious and Organised Crime (Control) Act 2008 (SA) s.14.〕
One such order was made, controlling Sandro Totani from associating with Donald Hudson, both members of the Finks Motorcycle Club. Both men appealed the control order to the state supreme court, which overturned the order with a 2:1 majority.
The State of South Australia then appealed that decision to the High Court of Australia.
This appeal was dismissed by the High Court 6:1 with only Heydon J dissenting.〔Totani v South Australia (2009) 259 ALR 673.〕
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