Bills

Motor Vehicles (Suitability to Hold Licence) Amendment Bill

Introduction and First Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (15:40): Obtained leave and introduced a bill for an act to amend the Motor Vehicles Act 1959. Read a first time.

Second Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (15:40): I move:

That this bill be now read a second time.

I seek leave to have the second reading and explanation of clauses inserted in Hansard without my reading it.

Leave granted.

The Government introduces the Motor Vehicles (Suitability to Hold Licence) Amendment Bill 2017 with the aim of making changes to section 82 of the Motor Vehicles Act 1959 to better promote road safety interests for our community.

This long-standing provision provides the Registrar of Motor Vehicles (Registrar) with discretionary powers to refuse to issue or renew a driver's licence or learner's permit, cancel or suspend a driver's licence or learner's permit, or to place provisional or probationary conditions upon a driver's licence, in order to minimise the risk, as much as possible, of accident, injury or repetition of offences by the driver. The section can apply regardless of the driver concerned having previously undergone a period of licence disqualification in relation to those offences.

These powers of the Registrar are normally used in exceptional circumstances in order to promote road safety for all in our community by ensuring, so far as possible, that dangerous drivers are kept off our roads.

The changes in this Bill will enhance and optimise the Registrar's powers to take action against such drivers, in order to make our roads and communities safer.

At present the Registrar may only use these powers in relation to individuals who have previously been convicted of or expiated an offence, or a series of offences, involving the use of a motor vehicle. The Bill changes broaden these criteria to include, more generally, individuals whose past behaviour indicates, in the opinion of the Registrar, that action should be taken. This is intended to encompass a wide variety of driving conduct including, but not limited to, drivers who have been responsible for causing injury through the use of a motor vehicle but who have not necessarily faced Court penalty nor expiated offences in relation to those incidents. The changes also include that, in exercising the powers, the Registrar is entitled to take action to minimise the risk of accident, injury and/ or the commission of offences occurring, rather than being required to consider whether taking the action would prevent the risk eventuating.

The Bill changes clarify that when the Registrar is determining to take action under the provision, the paramount, that is, the overriding, dominant and pre-eminent consideration should be the protection of the public. This is logical and reasonable; this section exists so that the Registrar may exercise a discretionary power, outside of the ordinary driver's licensing regime set out by the Act, to prevent or restrict certain drivers, who by their past offending and/or behaviour are identified as posing a risk to others on our roads, from holding licences or permits, or to impose conditions upon their licences. New clause (1a) is a clarification rather than a change in operation. It is implicit in the scheme of the Act that when making decisions about licencing outside the ordinary licensing regime, the Registrar should place great weight on the protection of the public. The goal is to minimise the risk of accident, injury, and/or the commission of offences by such drivers.

The Bill also amends the provision to make clear that, at time of exercising his or her discretion, the Registrar need not take into account any hardship that may be caused to the person concerned by the Registrar taking action in relation to their holding of a driver's licence or learner's permit.

Individuals affected by the Registrar's use of these powers continue to have rights of internal and external appeal as provided for under the Act.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal. The measure would commence on assent.

Part 2—Amendment of Motor Vehicles Act 1959

3—Amendment of section 82—Vehicle offences and unsuitability to be granted or hold licence or permit

This clause amends section 82 to broaden the grounds on which the Registrar may take action under the section in relation to a person and to ensure that, in determining whether to take any such action, the protection of the public will be the paramount consideration and the Registrar need not take into account hardship that may be caused to the person by taking the action.

Debate adjourned on motion of Mr Treloar.