Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 30 October 2024.)

The Hon. J.S. LEE (22:35): I rise today to support the Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill 2024. This bill aims to address a critical issue affecting the safety of children: the proposed amendment to the Road Traffic Act to increase penalties for offences committed with a child under the age of 16 in the vehicle. I thank the Hon. Frank Pangallo for introducing this bill.

The safety of children should be a focus of our society. We have a responsibility to protect our young people from harm under all circumstances, whether they are at home, at school, in the playground, including when they are passengers in vehicles. All too often, drivers are making decisions on our roads that put children and young people at risk. The proposed amendments to the Road Traffic Act respond to alarming statistics: close to 500 incidents have been before the courts since January 2022 involving drug or drink driving with a child under 16 present. Almost half of these were for drink driving.

We all know the effects of alcohol on decision-making and response time. Alcohol interferes with the brain's ability to process information and make sound judgments. It lowers inhibitions, leading individuals to take more risks. Additionally, response times can be up to 25 per cent slower when a driver is under the influence. Similarly, driving under the influence of illicit drugs poses significant risks. The effects of drugs on driving ability varied, but it is well documented that both drugs and alcohol impair driver ability. Cannabis can slow reaction times and alter perception, amphetamines can decrease impulse control and coordination, and drugs like MDMA can impair information processing and increase risk taking.

In addition to these offences, this bill also seeks to increase penalties for excessive speeding and reckless and dangerous driving when a child under 16 is present. These activities are already illegal, with existing penalties including fines, demerit points and incarceration. What this bill seeks to do is to give the courts the ability to impose even higher penalties when it is clear that the driver's actions have purposefully increased the risk of harm or death to a young person by having them in the vehicle.

Passing these amendments will help demonstrate our commitment to road safety and, more importantly, ensure the safety and protection of children and young people. It is crucial that we continue to prioritise and act swiftly on all matters concerning child protection, acting in the best interest of a child in all circumstances. Children are precious cargo in vehicles and we have a duty of care to ensure that those who commit the offence will have higher penalties. With those remarks, I support the bill.

The Hon. R.P. WORTLEY (22:39): I stand to give the government's position on the Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill 2024, introduced by the Hon. Frank Pangallo MLC. The government's position is that it does not support the Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill 2024. Currently, there are several specific drink and drug driving offences that attract an additional penalty if they occur with a child in the vehicle. A range of factors are taken into account when setting the penalties for specific traffic offences, including the road safety risk, the risk to passengers and parity with other penalties in South Australia and other jurisdictions.

The bill seeks to increase the monetary penalties and imprisonment terms for those who engage in reckless and dangerous driving behaviour on the roads with a child under 16 present in or on the vehicle. While the intent of the bill is well-guided, a more considered and holistic approach is required to road safety, taking into account the existing legislative framework and penalty structure applying to road traffic offences.

While research shows that a multifaceted approach around the composition of appropriate penalties to create effective deterrence is beneficial, the optimal mix of penalties is not known. From a road safety perspective, it is unclear whether the slight increase in penalties proposed in the bill would change a driver's behaviour and make them less likely to commit the offence in the first place. For these reasons, it is proposed that the government does not support the bill.

The Hon. B.R. HOOD (22:40): I rise as the lead speaker on this amendment bill and indicate that the opposition will be supporting the Hon. Frank Pangallo. This bill introduces a series of amendments to the Road Traffic Act to increase penalties for certain driving offences when committed with a child under the age of 16 in the vehicle. It specifically targets excessive speeding, reckless or dangerous driving, and driving under the influence of alcohol or drugs.

This bill is based on a principle that these behaviours pose an elevated risk to the child passenger and therefore should attract stronger penalties and act as a deterrent. From January 2022 to July 2024, SAPOL and the Attorney-General's Department finalised 449 cases involving drink or drug driving where a child was present in the vehicle. Of those cases, 46 per cent involved alcohol, 28 per cent involved methamphetamine and 15 per cent involved cannabis. That equates to nearly 200 alcohol-related cases and more than 125 cases involving illicit drugs, all with children present in a vehicle at the time of the offence.

This bill proposes to amend sections 45A, 46, 47, 47B and 47BA of the Road Traffic Act to increase penalties in cases where the child is under the age of 16 and is a passenger. Under section 45A, the maximum penalty for excessive speed increases from two years' to three years' imprisonment where the child is present. Under section 46, a similar increase applies to reckless and dangerous driving.

Section 47 introduces a fine range from $1,900 to $2,900 for driving under the influence, with a maximum prison term of six months. Section 47B introduces fines between $1,500 and $2,900 for prescribed alcohol concentration offences, and section 47BA establishes fines between $1,500 and $2,200 for drug-impaired driving.

The bill also introduces the presence of a child under 16 in the vehicle as a legislated aggravated factor. This ensures that the courts are required to consider the heightened risk of child passengers when sentencing. It is consistent with how other aggravated factors, such as proximity to school or prior offences, are treated under the existing law.

There have been recent incidents that demonstrate the real-world implications of the behaviours that this bill seeks to deter. In Glenelg, a driver recorded a blood alcohol content of 0.282 while driving with a child. In Murray Bridge, a driver with a blood alcohol reading of 0.148 was involved in a crash with two children as passengers requiring hospitalisation. In Mitcham, a driver recorded a BAC of 0.333, six times over the legal limit, with two unrestrained children in the vehicle.

These are not hypothetical risks. They are documented incidents that put children in direct danger. This is a narrow but focused amendment to the existing law. It does not create new offences or powers, but adjusts the penalty framework in recognition of the increased risks to child passengers. It is a proportionate response to a clearly demonstrated issue, and the opposition supports the bill.

The Hon. F. PANGALLO (22:44): I would like to thank the honourable members who have contributed to this debate: the Hon. Jing Lee, the Hon. Russell Wortley and also the Hon. Ben Hood. I must say I am just totally flabbergasted that Labor would oppose this bill that seeks to protect the interests of children when they are travelling in cars being driven by reckless adults. It is extraordinary, particularly when you see the statistics the Hon. Jing Lee has pointed out tonight, showing that it is clearly a problem out in our community.

I think the Malinauskas government's attitude here is just totally disingenuous. This is a party that keeps telling everybody it is tough on crime. Well, it should also be tough on road safety, and that is what this bill is really all about. It is about protecting the interests of children when they are in the care of adults—and adults who behave recklessly behind the wheel, endangering the life of those kids and also others on the road. To oppose a measure like this totally defies belief, and I think Labor and the Premier should hang their heads in shame that they have opted to oppose this and have come up with arguments that really just do not stack up. With that, I commend the bill to the chamber.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. F. PANGALLO (22:47): I move:

That this bill be now read a third time.

Bill read a third time and passed.