News · Law reform
Serious crime prevention orders and the new interim restrictions.
The NSW Government's organised-crime package this week includes urgent interim orders that can restrict where a person goes, who they contact and what devices they use, before a full Supreme Court order is made. Those interim orders build on the serious crime prevention order scheme. Here is how that scheme works and what the reform adds.
By Aaron Kernaghan · Published 10 September 2026
What is a serious crime prevention order?
A serious crime prevention order is a civil order under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW). It lets a court impose controls on a person to prevent, restrict or disrupt their involvement in serious crime. The controls can reach a wide range of conduct: where a person may go, who they may associate with, what they may possess, and how they may communicate. An order can run for up to five years.
The order is not a sentence. It is not imposed as punishment for a proved offence. It is preventative. That civil character is what makes it powerful, and controversial, because it does not depend on a conviction.
Do you have to be convicted first?
No. The court can make the order where it is satisfied, on the civil standard, that there are reasonable grounds to believe the order would protect the public by preventing, restricting or disrupting involvement in serious crime. A person can be subject to controls without ever being found guilty of anything. That is a very different footing from the criminal law, where the Crown must prove guilt beyond reasonable doubt.
This is why the defence response to an application matters. The material relied on by the applicant can be tested. The scope of the proposed conditions can be argued down. An order that is too broad, or that catches conduct going well beyond any real risk, can be resisted or narrowed.
What do the new interim orders add?
On the announcement, interim orders will allow urgent restrictions to be imposed before a full order is made by the Supreme Court. The stated restrictions are on where a person can go, who they can talk to, and what devices they can access. The point of an interim order is speed. It holds the position while the full application is prepared and heard.
Interim orders raise a fairness question that will be watched closely. An order that restricts a person's liberty before the full case is tested must be balanced against the person's right to be heard. The detail of the Bill will show how that balance is struck, including what notice is required and how quickly a full hearing must follow.
How does this compare with other preventative orders?
NSW already has a suite of preventative orders. There are firearms prohibition orders, extended supervision orders for high-risk offenders, and at the Commonwealth level control orders. Each works on a preventative logic rather than punishment for a past offence. Serious crime prevention orders sit in the same family. The interim order is a new gear within that family, aimed at moving quickly.
What happens if you breach one?
The order is civil, but breaching it is a crime. A breach of a serious crime prevention order carries a maximum of five years imprisonment. A person who is subject to an order, interim or final, needs to understand the conditions precisely, because an honest misunderstanding is no answer to a breach charge. If you are served with an application or an order, get advice before the return date, not after.
Who can apply, and what evidence is used?
Applications for serious crime prevention orders are brought by eligible applicants, which include the Director of Public Prosecutions, the Police Commissioner and the Crime Commission. The application is heard in the Supreme Court or, in some cases, the District Court. Because the order is civil, the applicant relies on affidavit material and can put forward a broad range of evidence, including intelligence and material that would not always be admissible in a criminal trial. The person the order is sought against has the right to respond, to test that material, and to argue about the scope of the proposed conditions.
That difference in the evidence is the heart of the matter. A criminal court decides guilt on evidence proved beyond reasonable doubt. A prevention order proceeds on a civil assessment of risk. The defence job is to hold the applicant to genuine, tested material rather than assertion, and to show that any real concern can be met with narrower conditions.
How long does an order last, and can it be changed?
A serious crime prevention order can run for up to five years. The court sets the conditions and their duration, and it can vary or revoke an order on application if circumstances change. A person subject to an order that has become unworkable, or that reaches further than any real risk requires, can ask the court to revisit it. That is worth knowing, because an order made quickly, on limited material, is not fixed forever. The same will be true of any interim order once the scheme is expanded.
Frequently asked.
What is a serious crime prevention order?
A civil order under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) that can restrict a person's movement, associations, possessions and communications for up to five years, to prevent involvement in serious crime. It is not a punishment and can be made without a conviction.
Do you have to be convicted to get one?
No. The order is civil and preventative. The court acts on reasonable grounds to believe the order would protect the public by disrupting involvement in serious crime.
What can an interim order restrict?
On the announced reform, an urgent interim order could restrict where a person goes, who they contact and what devices they access, before a full order is made.
What happens if you breach one?
Breach is a criminal offence carrying up to five years imprisonment. The order is civil, but disobeying it is a crime.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Brady & Associates Lawyers, as at 10 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.