Statutes Amendment (Drink and Drug Driving) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 11 May 2017.)

The ACTING PRESIDENT (Hon. J.S.L. Dawkins): I call the leader of the Australian Conservatives.

The Hon. D.G.E. HOOD (16:38): Thank you, Mr Acting President. There are only two of us but thank you, it is very kind of you to say so, sir. Although, who knows, there may be more one day.

I rise to speak on this important bill which strengthens legislation pertaining to drink and drug driving and in our view it is long overdue. The bill puts on notice those who negligently believe that it is acceptable to put themselves or other road users or even their children or other children at risk through drink and drug driving. Worryingly, drug driving has substantially increased in recent years. In 2014, drugs overtook alcohol in the implication, playing a role in blood testing of fatalities as recorded post death.

According to the Motor Accident Commission the most commonly detected drugs are methamphetamines followed by THC, most commonly known for being the active ingredient in cannabis, of course, and more often than not, a mixture of both THC and methamphetamines. There is a significant body of evidence proving the dangerous effects of drugs and alcohol on the human body and brain, which include drowsiness, slower reaction time, inhibited psychomotor skills (which relate to one's ability to perform physical movements), impairment of vision, reduction of alertness and impairment of other important cognitive functions. Clearly, any substances that produce these results should not be taken when someone is about to get in a car and drive.

Family First and, of course, now the Australian Conservatives have, for a long time, strongly advocated for the strengthening of drug-driving penalties. Quite simply, penalties under the current legislation are not adequate. Indeed, they are even laughable and do not effectively serve as any sort of deterrent at all. Weak penalties will only increase the number of reoffenders, which is why it is important to adopt stronger penalties, as this bill seeks to do.

Having closely considered the bill, the changes put forward are, for the most part, acceptable to us, and we will support them. For example, the bill amends section 47BA of the Road Traffic Act 1961, which specifically deals with drug-driving offences. Under the bill, the disqualification periods for repeat drug drivers are doubled in most instances and, importantly, the penalties cannot be substituted or reduced, which is a very sensible measure and certainly one that the Australian Conservatives will support.

Additionally, this bill introduces a new offence which deals with situations where a person consumes alcohol, takes drugs, or both, and decides to get behind the wheel with a child in the vehicle. In countless examples in recent years, drivers have been caught with children in their vehicle, driving in a school zone whilst under the influence of drugs or alcohol. Only last year, in a single day, police caught 14 drivers who tested positive for drugs in their system whilst driving. In comparison, on the same day, only two people were found driving under the influence of alcohol.

Moreover, one driver who tested positive for methamphetamines was caught moments after dropping children off at school. In 2015, seven drivers were detected drug driving around school zones in just one day. Again, methamphetamine was largely the substance detected in drivers caught. It is gravely concerning that people are driving under the influence of drugs around children and equally disturbing to think that many other drug drivers risk innocent lives and, of course, go undetected. However, they will eventually be caught. Therefore, it is imperative that when they are caught, the appropriate penalties are imposed to serve as deterrents, not only to deter them from doing something so silly again, but also to deter others who may choose to emulate them. Obviously, strong penalties will act as a deterrent for them as well.

In addition to disqualification, loss of demerit points and fines, a person found to be driving with a child under the age of 16 present in the vehicle will also be investigated by the Department for Child Protection. This measure is strongly supported by the Australian Conservatives. A parent or guardian risking the lives of their children through drink or drug driving should rightly be investigated, as it would indicate that the person is not fit and proper to be a parent in that circumstance. Importantly, the offence will activate a drug or alcohol dependency assessment, which the offender must undertake before there can be consideration of reissuing their licence. Again, we strongly support this measure.

It is important to remember that driving is not a right but a privilege that must be earned and certainly must not be abused. Therefore, Australian Conservatives have no sympathy for drivers who are caught drug driving for a third time. Under this bill, the offender is slapped with a two-year disqualification. We believe, however, that a person who has been caught not once, not twice but a third time, is a serious repeat offender and will most likely reoffend. Therefore, it is necessary to impose an even stronger sentence to protect the community and allow the offender to reflect on their repeat wrongdoing for an extended period of time. For those reasons, I will be moving an amendment to increase the penalty for a third subsequent offence from two years, as this bill outlines, to a five-year disqualification.

If somebody is prepared to get into a car with drugs in their system and drive and be caught not once, not twice, but three times, then at least five years is warranted, in our view. I certainly hope members will stand with me to condemn the repeat offenders and send a strong message to drug drivers that we as a parliament, and indeed a community, will not tolerate repeat offending. It is hard to think of anything more dangerous.

Other features of this bill include measures aimed at increasing the number of police officers able to administer drug tests, as well as streamlining the process and improving transparency and ease of access through the listing of approved drug and alcohol testing apparatus under regulations. All these measures will have the support of the Australian Conservatives. We are pleased that this bill has been brought on. We understand that the minister has been working on this for some time.

If I may take a moment, I would like to thank the minister for his cooperation in drawing up this bill. I have been a dog with a bone on this issue for a number of years now, and I think this minister has been open to a number of suggestions that I personally put to him, for which I am grateful. It seems to me that he is quite genuine in his determination to do something about this matter.

Our general view, as I have outlined in our speech, is one of support. Our only mild disappointment—and I say 'mild'—is that in some instances it does not go far enough. We understand the constraints of government. As I said, I will be seeking to amend it to make it tougher, but we certainly support the bill.

Debate adjourned on motion of Hon. J.M. Gazzola.