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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-04-28 Daily Xml
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Ministerial Statement

DRIVING RECORD

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Correctional Services, Minister for Gambling, Minister for Youth, Minister for Volunteers, Minister Assisting the Minister for Multicultural Affairs) (15:06): I seek leave to make a ministerial statement.

Leave granted.

Members interjecting:

The Hon. A. KOUTSANTONIS: No, I will do it.

The SPEAKER: Order!

The Hon. A. KOUTSANTONIS: On Sunday 19 April, a history of my driving offences was revealed for all to read in the paper. It was a deeply humiliating event that led to my resignation the following morning as Minister for Road Safety. On that Sunday, perhaps naïvely, I believed that I could stay on as the minister, because it was a portfolio that I cared about deeply. I was also aware that, in the first few months of this year, South Australia had recorded a high level of road deaths and injuries. While many aspects of the portfolio were dealing with very sad events, being given the challenge of trying to reduce the road toll was very compelling, and I really wanted the chance to make a difference.

Understandably, there was an outcry from the public about my speeding offences, and it was obvious by Monday morning that I could no longer be an effective advocate for this very important portfolio responsibility. I visited the Premier on Monday morning prior to cabinet meeting and offered him my resignation from the portfolio, with regret.

Earlier that morning, I had undertaken a series of media interviews in which I gave an undertaking to disclose my driving history—to put it on the record—so that all South Australians are aware of how many speeding offences have been committed by me. I volunteered to make this disclosure in parliament so that the people of South Australia know the facts of the matter and so that the facts become a matter of public record.

The information contained in this statement is, to the best of my knowledge and belief, accurate. I have drawn on information provided by various agencies in the preparation of this statement, namely, the Courts Administration Authority, South Australia Police, department of transport and Fleet SA.

I have never driven under the influence of alcohol or drugs. I do not take drugs, and none of my offending has resulted in a car accident. None—I repeat, none—of my traffic violations have occurred while I have been a minister. My full record of offending has included exceeding the speed limit, using a mobile phone while driving and disobeying traffic lights and signs. It is a record of which I am not proud.

On Monday 20 April, shortly after the Courts Administration Authority Fines Payment Unit opened, I paid two outstanding fines for infringements committed on 21 May 2007 and 7 May 2008. These offences accrued four demerit points, bringing my current driving licence demerit points total to nine. A driver is liable to be disqualified when he or she accrues 12 demerit points within a rolling three-year period.

Members might like to note that, prior to December 2003, demerit points were not incurred for speeding and red light offences detected by camera. The Rann government closed that loophole, introducing demerit points for these offences. I supported that amendment in the house, and I still do.

I am advised by the Courts Administration Authority Fines Payment Unit, South Australia Police, department of transport and Fleet SA that, between June 1994 and May 2008—a period of 14 years—there is a total of 59 traffic infringements in a range of vehicles registered in my name. I take full responsibility for all those infringements.

Four of these infringements were in the car allocated to me as a member of this house. All other infringements under my name were incurred in privately owned vehicles or business owned vehicles prior to my entering parliament. On checking records, late last week SAPOL confirmed that a total of five traffic offences recorded under my name were withdrawn when I filed statutory declarations nominating another driver. I unequivocally stand by the information I included in those statutory declarations.

In recent days, there have been allegations that I have filed false statutory declarations and blamed my own poor driving on other people to avoid demerits or penalties. This is completely untrue. I have never nominated another driver for a driving offence that I committed. I have also been criticised for accepting responsibility for traffic infringements in which vehicles registered in my name were involved, but where I was not the driver of the vehicle.

The decision I made to accept responsibility in these instances was made well before I became minister for road safety. The decision was made in the circumstances of the closeness of my relationship with the driver involved. In hindsight, it may have been more appropriate to nominate the other driver; but hindsight is a wonderful thing. In taking responsibility at a time before I became minister, I did nothing more than what countless other South Australians have done, whether they were related to the driver as a parent, child, husband or wife.

I have received advice from the Crown Solicitor's Office and South Australia Police that it is not an offence for the owner of a vehicle not to complete a statutory declaration nominating another driver for an offence when that other person was driving at the time of the offence. I am also advised that it is not an offence for the owner of a vehicle to pay a fine or accrue demerit points that may be incurred by another driver in those circumstances.

In February 1998, I appealed against a disqualification of my driver's licence due to an accumulation of demerit points. I won the appeal, and retained my licence. Good behaviour agreements were not available at the time; instead, demerit points were deducted. I was disqualified from driving for three months from March 1999 to June 1999 due to an accumulation of demerit points. I did not drive during this period. I also completed a 12 month good behaviour agreement, which began in December 2005 after accruing a further 12 demerit points. I did not incur any traffic infringements during the good behaviour agreement period.

I have twice been temporarily suspended from driving due to the late payment of fines. I was suspended from 15 December 2004 to 4 February 2005 and from 26 March 2006 to 15 May 2006. I did not drive during these periods. My licence was returned to me upon paying the outstanding fines.

As I have previously said, prior to being appointed minister for road safety, I informed the Premier that my licence had been disqualified once, about a decade ago, after I had exhausted my demerit points because of speeding fines, and that is the case. I did not inform the Premier of other aspects of my traffic offending. I did not omit information with the intention of misleading the Premier.

I considered, wrongly as it happens, that, because the disqualification was the most serious issue arising from my offending, that was the matter that bore upon my possible role as minister for road safety. Again, I should have realised that the speeding and other offences since that disqualification also had a bearing on my suitability as minister for road safety.

The two instances where my licence was temporary suspended due to late payment of fines did not come to mind when I was relating my driving record to the Premier, because the suspensions were not imposed due to my driving behaviour but for the non-payment of fines arising from my driving. I regret that I did not disclose to the Premier all the information now set out in this statement, and I have apologised to him for that.

Many of my friends, family and colleagues have berated me over the past week for my past record of exceeding the speed limit, disobeying road rules and then neglecting to pay the fines on time. For this I can offer no justifiable excuse or explanation. It was stupid.

In terms of the late payment of fines, I can only say that I stand guilty of failing to attend to my personal affairs while concentrating on my work and career. The intense embarrassment and regret that this has caused is a matter that will never rest easy with me again. It has been a hard lesson, well learnt.

I would like to apologise to the parliament and the people of South Australia for my past traffic offences. I deeply regret my previous driving behaviour. Speeding is not acceptable, breaking the road rules is not acceptable, and my past actions were completely inappropriate. The Premier has challenged me never, ever to violate the road rules again, and I have given him that assurance, as I give the people of South Australia that assurance today.

I had hoped to use my position as road safety minister to introduce a range of new, innovative ideas to reduce our road toll, particularly amongst young people. Instead, I will be investing my efforts in serving the people of South Australia in my remaining portfolios. I take full responsibility for this regrettable situation. I look forward to the challenge of my remaining ministerial responsibilities with renewed vigour, while realising the full weight of responsibility and honour that lies with being a cabinet minister.

Honourable members: Hear, hear!

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