ABSTRACT
This chapter considers the role that proven effectiveness may play in guiding the evolution of a preventive measure. It focuses on the migration of control orders in Australia – from the anti-terrorism context to that of organised crime, and across domestic jurisdictions. The chapter traces the role of proven effectiveness in the extension of the control order paradigm to a new extreme. It is widely accepted that the prevention of criminal acts is preferable to simply reacting to crimes that have already occurred. This paradigm of preventive justice was rekindled in the wake of September 11, when the threat of terrorism entered the global consciousness. Control orders were one of the preventive anti-terrorism measures introduced by the Australian government in 2005. The primary effect of bikie control orders is to restrict members of declared organisations from associating with other members or carrying on certain activities. Breach of the terms of a control order may result in criminal prosecution and imprisonment.
