South Australia introduced the Criminal Law Consolidation (Street Gangs) Amendment Act 2025 to give police and courts new tools to target, disrupt and restrict the activities of street gangs that pose a threat to community safety.
These laws form part of the state’s Young Offender Plan, aimed at strengthening legal responses to serious recidivist offending and preventing vulnerable people — including young people — from becoming entrenched in criminal networks.
What’s in the New Law?
1. Defining a Street Gang
The Act defines a street gang as: “A group of three or more people who associate with the purpose of engaging in, planning, supporting or facilitating serious criminal activity, and whose organisation represents an unacceptable risk to community safety.”
2. Street Gang Control Orders
Under the new scheme, the Commissioner of Police can apply to the Supreme Court (or Youth Court) to declare a group a “street gang”. Once declared, the court can impose new “street gang control orders” on individual members designed to disrupt criminal behaviour.
These control orders can include conditions such as restricting:
Where a person can go
Who they can associate with
What they cannot possess (such as weapons or cash)
Other activities connected to criminal behaviour
Failing to comply with a control order can result in criminal charges.
3. New offence of “Gang Recruitment”
The Act also creates a new criminal offence for an adult who recruits another person into a street gang. The penalties are more severe where the person recruited is under 18 years old.
This reflects a key intent of the legislation: to stop organised criminal groups from drawing in children and vulnerable young people into serious criminal activity.
Mere participation not an offence
The law explicitly recognises that being a participant in a street gang is not by itself a criminal offence. Rather, penalties arise where:
A person breaches a street gang control order;
A person recruits others into gang membership; or
A person commits a criminal offence in the context of being in a street gang.
How the new law has been received
The legislation is designed to give South Australia Police (SAPOL) and the courts stronger tools to disrupt serious criminal activity and protect public safety. Government statements note that the measures are modelled on existing anti-outlaw motorcycle gang laws, but adapted for the fluid membership and structure of street gangs.
However, the changes are not without controversy. Critics from community legal services and youth advocacy groups have raised concerns that the laws could disproportionately impact young people, potentially leading to increased criminalisation rather than diversion.
Balancing community safety with fair legal processes remains a key issue as the laws come into force.
When to get legal advice
If you’re wondering how the new law affects you, your business or a family member, you may need legal advice to:
Understand whether a group could be classified as a street gang under the new rules
Explain your rights when dealing with SAPOL
Respond to control orders
Obtain representation in court if charges arise from alleged breaches
Early legal advice can make a significant difference in protecting your rights in this evolving legal landscape.
This OYBlog was created with AI assistance based on the following source:
Criminal Law Consolidation (Street Gangs) Amendment Act 2025 (SA), Attorney General's Department, Hansard Search