House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-04-07 Daily Xml

Contents

SPEED MEASURING DEVICES

The SPEAKER: Member for Fisher, I remind you that this motion is very similar to the content of the bill you gave notice of this morning, so you will need to be very careful about how you handle this motion.

The Hon. R.B. SUCH (Fisher) (11:31): Thank you, Madam Speaker, I am well aware of that. I move:

That this house notes with concern the lack of enforceable standards and related practices applied to the enforcement of speed measuring devices used by SAPOL.

You are correct, Madam Speaker: notice of this motion was given a long time ago, and much of what would have been canvassed in this in a general way is now being addressed through the bill. Moving beyond the actual devices, the other aspect is the way in which the paperwork is done. Part of that is covered in the bill relating to the expiation notice. There are other aspects that concern me including the way the devices have been used, that is, that police have been checking their own work. In my case Constable Gregory Luke Thompson checked his own work, even though I have now been advised by the superintendent that it is not allowed, and I have been told by other police that it is contrary to general orders of the commissioner.

I am not talking about the actual device but about the practices related to the way in which information is collected and processed, because that must be accurate and correct, otherwise you will have the court being given information that is inappropriate, inaccurate and, in my view, can be misleading. I do not want to reflect in my case on the magistrate, Joanne Tracey, but it is important, particularly in a situation involving maths, physics and spacial aspects, that all the related practices be accurate and correct, otherwise, in my view, you will end up with a miscarriage of justice.

Mr ODENWALDER (Little Para) (11:33): I rise to oppose the motion and to indicate the government's opposition to this motion. The member for Fisher has moved a motion seeking that the house note with concern the lack of enforceable standards and related practices applied to the enforcement of speed measuring devices used by SAPOL. I do not share the honourable member's lack of confidence in SAPOL's standards and practices regarding speed measuring devices. As a former police officer, I am acutely aware of the strength of SAPOL's policies regarding maintenance and calibration of speed measuring devices.

The SAPOL Radio and Technical Support Group is responsible for the maintenance and calibration of evidentiary and screening instruments used in the detection of alcohol, speed and red light offences. All traffic speed analysers used by SAPOL are required to meet the Australian standards, AS4691.1 and .2, 2003.

The Hon. R.B. Such interjecting:

Mr ODENWALDER: I will be careful. These national standards cover the device requirements, calibration and user operational procedures, and copies of these standards are publicly available. If any device is found to be operating outside SAPOL policy it is defected and immediately removed from service until corrected. The calibration of South Australian police laser speed guns is carried out in accordance with the above standards in a calibration laboratory in compliance with the Australian standard. The operational competency of this laboratory is independently audited by the National Association of Testing Authorities (NATA). The instruments used to carry out the calibration are themselves independently calibrated by external NATA accredited calibration laboratories, and such calibration is traceable to national standards as per the requirements of the act, the National Measurement Act and Regulations 1960.

The SAPOL calibration laboratory and staff have recently been reassessed by NATA and demonstrated compliance with the Australian and international general standards for the competence of testing and calibration authorities. This shows SAPOL's strong commitment to adhering to the national standards.

Statistics show that public satisfaction in SAPOL is at a high and steady level, and the dedicated men and women of SAPOL have earned their strong positive reputation. I will always support the hardworking men and women of SAPOL. This government has always supported police and had the utmost faith in the job they do. It is a tough job involving a range of very difficult duties, and this government will continue to support SAPOL officers and give them the trust they need to perform their difficult job well.

SAPOL has established and maintained a rigorous process to ensure accuracy and compliance of speed measuring devices. There is a clear practice within SAPOL requiring speed measuring and other devices to meet national standards, which are published in the public domain. For these reasons, I and the government do not support this motion.

Debate adjourned on motion of Mr Venning.