From 16 February 2026, police have expanded powers under Part 3BA of the Criminal Law Consolidation Act 1935 (SA) to target and disrupt the criminal activities of street gangs.

Street gangs

Street gang is defined in s 83GH as a group of 3 or more people:

A street gang may also be declared as such by the Supreme Court on application by the Commissioner of Police under Part 3BA Division 2. The Court may only make such a declaration if satisfied that participants in the group [s 83GK]:

Part 3BA Division 2 sets out notice and procedural fairness requirements that apply before and after a declaration is made.

A declaration that a group is a street gang will remain in force until it is revoked [s 83GM]. The Court may revoke a street gang declaration at any time on the application of the Commissioner, the group, or someone directly affected by the declaration, but only if satisfied that there are no longer grounds for a street gang declaration in relation to the group [s 83GN]. The revocation of a street gang declaration does not preclude the making of a subsequent declaration in relation to the same group, provided the statutory grounds are met [s 83GP].

In street gang declaration proceedings, the Court is not bound by the rules of evidence and must act according to equity, good conscience and the substantial merits of the case [s 83GQ].

Street gang control orders

Under Part 3BA Division 3 of the Criminal Law Consolidation Act 1935 (SA), the Commissioner of Police may apply to the Supreme Court (or the Youth Court in relation to a youth 14 years or older [see s 83GZA]) for a street gang control order in relation to an individual [s 83GT].

The Court may make a street gang control order if satisfied that the respondent:

The Court may make an interim street gang control order if satisfied it is appropriate to do so [s 83GU]. On the Police Commissioner's request, an interim street gang control order may be made without notice to the respondent or service of the application or supporting material [ss 83GU(2), 83GT(4)]. A respondent who was not notified of the application may, once served, lodge a notice of objection to the interim order within 14 days of service [s 83GX].

A street gang control order (including an interim order) may prohibit [s 83GT(5)]:

The Court may consider a range of factors when deciding whether to impose a street gang control order including the likelihood that the respondent will engage in serious criminal activity without the order, the extent to which the order may prevent the respondent from participating in a street gang, any prior criminal record of the respondent, and any legitimate reason the respondent may have for associating with persons specified in the proposed order [s 83GT(6)].

If the Court is considering making an order that will prohibit contact with certain people or attendance at certain places or premises, the Court must consider the extent to which such an order may affect the respondent's connection with family and culture [s 83GT(7)].

A street gang control order takes effect when the respondent is personally served or notified of the order, and may remain in force for up to 2 years [s 83GV]. An interim order may only remain in force for up to 6 months [s 83GV(4)]. Police may detain someone for up to 2 hours for the purposes of serving them with an application or order [s 83GZJ].

The Court may vary or revoke a street gang control order on application by the Commissioner of Police or (with permission) the respondent [s 83GW]. The Court may make an interim variation without notice to the respondent but the varied order will not take effect until the respondent has been served with or notified of the variation [s 83GW(5), (8)]. Like an interim street gang control order, a respondent who was not notified of an interim variation may, once served, lodge a notice of objection to the interim variation within 14 days of service [s 83GX].

A street gang control order will be automatically revoked if it was made on the basis of the respondent's participation in a declared street gang or association with a participant of a declared street gang and the street gang declaration is no longer in force [s 83GZ].

If a street gang control order is made, varied or revoked in relation to a child (14 years or older), their parent or guardian must be notified [s 83GZA(3)].

Offences

It is an offence to knowingly or recklessly contravene or fail to comply with a street gang control order or interim order, with a maximum penalty of imprisonment for 5 years [s 83GZB].

It is also an offence:

Miscellaneous

Parties to proceedings under Part 3BA must bear their own costs, but the Court may award costs against a party in certain circumstances, such as where a party has made a frivolous or vexatious application or caused another party to incur costs [see s 83GZL].

Section 83GZM creates a rebuttable statutory presumption that a person is a participant in a street gang if they display or wear a logo, sign, identifier, mark or symbol that identifies and is distinctive to the street gang.

Street gang participants may be stopped and searched by police for weapons if they are in, entering or leaving a public place. See Police powers to search for weapons for more information.