A High Court decision finding that aspects of South Australia's anti-bikie laws are unconstitutional has come as no surprise, the state's Law Society says.
President Ralph Bonig said the society did not condone criminal gangs but believed the Serious and Organised Crime Act went too far.
"It took away an individual's fundamental right to independently refute and challenge allegations made against them and impaired the independence of the courts," he said.
"The consequences of control orders amounted to a serious restraint on their liberty." Under parts of the act, SA's attorney-general was able to declare a group illegal, based on undisclosed material.
When a court was then asked to impose a control order on an individual based on that declaration, the court was not permitted to test the material.
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A majority of the High Court bench considered that South Australia's organised crime act was incompatible with the independence of the court.
Mr Bonig said the SA legislation was contrary to the fundamental institutional integrity of the courts and an individual's right to a fair and independent hearing at which they could challenge allegations made against them.
"We have absolutely no problem with being tough on crime, however the society will continue to speak up when we believe that legislation unjustly curtails civil rights and liberties," he said.
