Legislative Council: Wednesday, May 18, 2011

Contents

TRUMPS

The Hon. D.G.E. HOOD (15:09): I seek leave to make a brief explanation before asking the minister representing the Minister for Transport a question regarding the TRUMPS computer system used by Transport SA.

Leave granted

The Hon. D.G.E. HOOD: I have been contacted by a constituent who has been dealt with quite unfairly, in their view and in mine, by Transport SA. In December 2008, this constituent should have received a letter reminding him to renew his car registration, and that letter never came. I understand a warning notice is usually sent seven days after failure to pay, but this warning notice was also never sent, and the registration renewal was therefore not paid.

My understanding is that Transport SA has actually agreed with this scenario and taken full responsibility for not sending the reminder and the warning letters, blaming technical issues on their part; however, it is maintained that the driver, nonetheless, is responsible for ensuring their car registration is maintained. As members will be aware, the risk of driving an unregistered and uninsured vehicle is that the driver may be liable to pay for any personal injury suffered as a result of their driving.

Indeed, in March 2009, the car was involved in an accident in which a pedestrian wearing earphones walked into the path of the driver as he was reversing, resulting in injuries. In June 2000, the driver was contacted by Allianz (the insurance company) to be informed that, given there was no personal liability insurance, the costs claimed by the pedestrian will be recovered personally from the driver and that those costs will be very substantial indeed. Although the department has admitted that no renewal letter was sent, it is refusing to take any responsibility whatsoever.

My question to the minister is: will the minister do the right thing in this circumstance, given that it was the department's fault, and it has agreed that it was its fault, and ensure that this individual has coverage by the insurance scheme so that these costs can be met?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (15:11): I thank the honourable member for his most important question. I would be very pleased to receive the details of the individual the honourable member refers to, and I certainly give a commitment to look at those details in as sympathetic a way as I possibly can. But, the bottom line is that, as with all our liabilities, if you like, the onus is in fact on the individual.

For instance, if we allow our house insurance policy to lapse, or our fire, theft or health insurance, or if we don't pay our electricity bill; if we fail to fulfil our responsibilities—even if there is a very good reason, a very good excuse why we might not be able to do that—nevertheless, if we fail to renew our insurance, our house is left uninsured, and if it burns down then we have to suffer the consequences.

Other agencies, like insurance, the electricity, utilities etc., and many organisations send reminders, and so too with car registration. The car rego agency sends out an invitation to renew (it is usually a standard practice) a number of weeks ahead, and then, I believe, if I recall correctly, if the renewal is late they send out a notice again to say to that person, 'Your renewal is late. It is due on such-and-such a date.'

However, if something goes wrong—whether it is the individual's fault or not—they may have been run over and be unconscious in a hospital somewhere—it is the same outcome. The liability and responsibility fall on the individual, not the utility or the agency to remind and follow up that person. In this instance, as I said, I will follow this up and do whatever I can, given those parameters.

We have put online a new car registration checking program, and there is also a telephone hotline so that you can ring in or go online at any time of the day, seven days a week, enter your plate and registration information online, and check whether the car is registered. The information will also let you know when that registration is about to expire. That pertains not only to your own vehicle but any registration number you want to put in so, if you are looking to buy a car or your spouse's car or whatever, you can check that as well.

That is available to everyone. No personal information is given on that data screen, so it does not say who owns the car or provide any other personal information; it simply lets the person know whether or not the car is registered and when that expires. As I have said, if the honourable member is prepared to give me the individual's details, I will check to see whether there is something I can do. I cannot promise, but I am prepared to have a look at it.