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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
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MOTOR VEHICLES (DRIVER LICENSING) AMENDMENT BILL

Introduction and First Reading

Received from the Legislative Council and read a first time.

Second Reading

The Hon. M.F. O'BRIEN (Napier—Minister for Finance, Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (16:06): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Motor Vehicles Act 1959 to enable the Minister to issue exemptions from certain licensing requirements of the Act for Aboriginal people living in remote communities—initially the Anangu Pitjantjatjara Yankunytjatjara Lands (known as the 'APY Lands') and the Maralinga Tjarutja Lands—but with the capacity to prescribe other areas by regulation should the need arise.

The requirements of the current driver licensing system present many obstacles to people in remote indigenous communities. Currently, only an estimated 17 per cent of eligible Aboriginal people living on the APY Lands hold a valid driver's licence, in comparison to the State's licensing rate amongst eligible non-Aboriginal people of almost 90 per cent. Similar low participation rates apply in other remote Aboriginal communities.

Extensive research on this issue conducted by the Department of Transport, Planning and Infrastructure, Austroads and various State and Territory governments shows there is overwhelming evidence that the current driver licensing system often provides insurmountable regulatory and financial obstacles to indigenous people gaining and retaining a driver's licence.

Aboriginal people living in remote communities face a number of issues that are not faced by those in urban areas including:

Graduated Licensing Scheme requirements that are prohibitively expensive and onerous to comply with in remote communities;

a lack of Qualified Supervising Drivers due to the low licensing rate;

access to registered, roadworthy vehicles for learner drivers, especially for learner drivers who are trying to obtain their 75 hours of supervised driving;

difficulties in undertaking a practical driving test due to the booking requirements;

difficulties acknowledging notices of disqualification;

problems understanding driver licensing related communication due to English language difficulties;

the overall complexity of the driver licensing system.

As a result of these obstacles, the low rates of driver licensing exacerbates various social issues arising in remote Aboriginal communities. Evidence suggests the lack of mobility acts as a barrier to employment and creates difficulties accessing healthcare facilities, schooling, sporting and social events.

Data nationally also suggests that Aboriginal people are already significantly over-represented in road crash statistics, and without a driver's licence the likelihood of incurring financial penalties and interactions with the justice system from minor traffic and regulatory offences increases.

Given the social costs and the fact that Aboriginal people living on the Lands are not progressing through the Graduated Licensing Scheme to a full driver's licence at acceptable rates, the government proposes to assist them to obtain or regain a driver's licence by reducing existing barriers by means of an exemptions scheme.

The proposed exemption power would only apply to licensing provisions in Part 3 of the Motor Vehicles Act surrounding eligibility for a learner's permit or provisional licence.

Depending on age and previous driving experience, an exemption may be granted to enable a person to complete a reduced number of hours of supervised driving for a learner's permit, or spend less time on a P1 or P2 licence. Conditions could be placed on an exemption to ensure road safety is not compromised.

All licence conditions and road traffic laws including offences and disqualifications would continue to apply to drivers once licensed.

A Ministerial policy would guide the issue of exemptions. Initially the exemptions would only apply to a small number of members of the local community who are not currently disqualified, nor subject to Mandatory Alcohol Interlock Scheme conditions, and are selected by community elders.

It is anticipated that in 2014 a road safety education and intensive driver training program would be established on the Lands based on the 'Drive Safe NT Remote' program. The Northern Territory Drive Safe program has issued 894 learner's permits and 217 provisional licences during the past 18 months and has been an overwhelming success.

In addition, community support for parents and other community members would be provided to help them understand the requirements of the licensing system and support participants in the driver training program.

The Ministerial policy that will guide the operation of the exemption scheme will be evaluated after 4 years to determine its effectiveness in both road safety outcomes and in terms of access to licensing for Aboriginal people living in these remote communities.

It is anticipated that the exemptions will have a significant positive impact on the Lands by allowing community members to take advantage of employment opportunities, to more easily access healthcare facilities in Alice Springs, to access social, sporting and community events and importantly, to reduce instances of debt and incarceration that have arisen due to the difficulties arising from the current licensing system in remote communities.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Amendment provisions

This clause is formal.

Part 2—Amendment of Motor Vehicles Act 1959

3—Insertion of section 98AAG

This clause inserts a new section at the end of Part 3.

98AAG—Exemptions for Aboriginal persons in remote areas

Subsection (1) empowers the Minister to grant exemptions from provisions of Part 3 subject to such conditions as the Minister thinks fit.

Subsection (2) provides that an exemption may only be granted for the purpose of enabling an Aboriginal person who ordinarily resides in a remote area to obtain a driver's licence.

Subsection (3) provides that an exemption expires when the person to whom it applies is issued with an unconditional driver's licence.

Subsection (4) defines Aboriginal person and remote area.

Debate adjourned on motion of Mr Gardner.

Mr GARDNER: Mr Deputy Speaker, I draw your attention to the state of the house.

A quorum having been formed:

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