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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-07-06 Daily Xml
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Statutes Amendment (Serious Vehicle and Vessel Offences) Bill

Second Reading

Adjourned debate on second reading (resumed on motion).

Mr PATTERSON (Morphett) (15:48): I rise to take the opportunity in parliament to speak about the Statutes Amendment (Serious Vehicle and Vessel Offences) Bill 2022 and obviously, from the outset, I am pleased to say that the opposition will be wholeheartedly supporting these important laws. Of course, in so doing we are doing it in support of Sophia Naismith, who was tragically killed; for her parents, Luke Naismith and Pia Vogrin, who are here today with us; for her sisters Saskia and Ursula, who are also here; and, of course, for Sophia's friend who was injured at the same time, Jordyn Callea.

It is also for other families who have been shattered by road death that has resulted because of reckless drivers who have no regard probably for themselves, but certainly no regard for the people around them and the people they take and the devastation that it causes for all the affected families. Of course, these are all heartbreaking tragedies, and the one that happened to Sophia was absolutely heartbreaking and affected many people, not just the immediate family but many other people.

The bill before us recognises that we do need to close the gap. At the moment, we have careless driving offences sitting in the Motor Vehicles Act and dangerous driving offences in the Criminal Law Consolidation Act. That gap really does need to be closed, as was displayed by the outcome of the case just recently regarding the tragic circumstances around Sophia.

The chasm between the two—of jail for dangerous driving and the effect that it has on families, down to careless driving where it is very hard and difficult to see someone sent to jail—is really a chasm. It leads to outrage in the community as well because I think most fair-minded people really see that the actions that occurred on that night back in June 2019 deserve more than what was the end result by the court of law.

There is a saying that there is justice and then there is law. We do have to be mindful that the justices have precedents and that there is case law that has built up over time that they are restricted to. They are restricted to how they can decide, based upon what the laws are that are in place. I think this statutes amendment bill changes the act relating to serious vehicle and vessel offences to really make sure that we do better. The community demands better and this amendment bill puts in place a mid-tier offence.

In terms of that night, which I talked about before in June 2019, it was just like most other nights, and Sophia and Jordyn were walking along Morphett Road at night-time. Morphett Road itself is quite a safe road; it is a double-lane road in both directions and at that time of night there were not too many cars. But that night saw Alexander Campbell, who was 37, behind the wheel of a high-powered Lamborghini Huracán, and driving towards them.

We know that every car can be a dangerous weapon. It just takes a moment's inattention for things to go badly awry with normal cars, let alone with high-powered cars. Whenever drivers get behind the wheel of a car it is beholden on them to drive with safety in mind. On this night you would have to say that was not the case: that car was a loaded gun waiting for the trigger to be pulled.

In the statement of facts that the judge put before the courtroom to describe how he based his decision, he made it quite clear that this car was not driven in a safe manner at all. The Lamborghini itself is a very powerful car and can reach speeds of up to 300 km/h. It has different modes that drivers can choose to drive in and, in metropolitan streets, it should be driven in street mode but, of course, on that night, it was not.

It was found that really the only safe mode—given as evidence by witnesses in the case—is to make sure that the vehicle, when driven in the metropolitan area, is driven in street mode. If it is not, as was the case here, the wheels are much more likely to lose traction and therefore there will be loss of control of the vehicle. Whilst at the time it was not illegal to drive the Lamborghini in sport mode it really required a much greater degree of driver skill because of the fact that it was in that mode, and the evidence found as much.

As well as that, the car also had its traction control system turned off. That is the electronic control system, the stability system that actually helps drivers. It can react even quicker than human reaction time to actually try to stop cars that are out of control and spinning out of control to bring them back straight. As I said, the corner of Bells Road and Morphett Road where this occurred, just near where the restaurant is, is a straight road; it is not like there are corners that you go around and can slip out as well.

In addition to this, it was also found that the condition of the rear tyres—of course, this car is rear-wheel drive—were worn. Only a few days before, Mr Campbell had been advised, as he took is car in to be serviced, that those tyres were worn and should be replaced. So what we had was a loaded gun coming down Morphett Road, as I have said before, towards Sophia and Jordyn.

The evidence also found that at Bells Road, which is very close to the Chinese restaurant, the car was travelling at 53 km/h. From there, it is literally only seconds before a car reaches the Chinese restaurant. The evidence was inconclusive as to what happened, but it seems, from witnesses, that there was an acceleration—the car started to accelerate—and at that stage lost control. From that point on, the driver was not in control of where that car was going, and as a result a tragedy occurred and took Sophia away from us.

This has caused outrage in the wider community, but certainly in our community as well. As I said before, the community expectations were probably different, you would have to say, than what the judge eventually came down with. As I said, he was bound by law and precedent. As was said in trial, really, no sentence will ever be adequate and could replace Sophia's life because of course that is immeasurable.

It is just worth touching on what a great future Sophia had ahead of her. She was only 15 years old. She would now be 19 and would have graduated from school and I am certain would have done very well and been a great contributor to our society—she already was: she was a state volleyball champion at Brighton Secondary School, which is renowned for its volleyball. She was also a star in soccer, a leader at school, did well in her studies and was looked up to by her sisters and her parents. What has happened is tragic. As her mum said in her statement, Mr Campbell and his choices killed Sophia and she has to live every day without one of her children.

In a tight, close community like we have around the Bay, around those western districts, this was felt by so many, and so I think everyone wishes there was a sliding-door moment that this did not happen because nothing can take the pain back. What we hope with this new legislation is that there comes some hope that those tragic circumstances and the injustice felt by Sophia's family will not be repeated because everyone has the right to feel safe on our roads. If I can just finish with what her father, Luke Naismith, said:

The reforms will not bring Sophia back but hopefully they'll make drivers more accountable for their behaviour and reduce the trauma for families.

S.E. ANDREWS (Gibson) (15:58): I rise to speak in support of the Statutes Amendment (Serious Vehicle and Vessel Offences) Bill. It is tragic that a bill like this must come before our parliament due to a small number of members of our community who put themselves before the safety of the rest of our community by driving so carelessly. This bill delivers on a commitment made by our Premier to introduce legislation in the wake of the tragic death of Sophia Naismith. I would like to acknowledge in the gallery today the friends and family of Sophia and thank you for seeing your advocacy through to its completion. I would also like to acknowledge how difficult it must be to hear these words so often, but know that you have been listened to.

Fifteen-year-old Sophia Naismith was a state volleyballer and a student at Brighton Secondary School in my electorate of Gibson. She was a good student, had a bright future ahead of her and was loved by many. More than 2,000 people attended a public celebration of her life. However, her future was extinguished in an instant by the driver of a Lamborghini in sports mode when he lost control of the vehicle and struck Sophia and her friend, Jordyn, who was seriously injured.

The driver of the vehicle proceeded to trial, where he was found not guilty of the offences of dangerous driving causing death and dangerous driving causing serious harm. He instead pleaded guilty to the lesser offence of aggravated driving without due care causing death and received a suspended prison sentence, an 18-month good behaviour bond and a community service order—an unacceptable result and something that we as legislators cannot allow to occur again.

Since this trial outcome, Sophia Naismith's family have advocated for law reform so that such a tragedy can be prevented from happening to any other family. I thank them for their advocacy and seeing this change happen. The state government has answered that call and has now introduced this legislation that will introduce a new driving offence in the Criminal Law Consolidation Act 1935 to bridge the gap between maximum penalties for existing offences. The bill creates a new indictable offence of causing death or serious harm by careless use of a vehicle or vessel in the Criminal Law Consolidation Act.

The new offence raises penalties for driving without due care, where a person dies or is seriously harmed, from 12 months' imprisonment to five years' imprisonment for a basic offence and seven years' imprisonment for an aggravated offence. It also raises the minimum licence disqualification period, from six months to one year, for a basic offence and three years for an aggravated offence. These changes increase the available penalties where there is driving conduct causing death or serious harm that does not meet the high threshold of dangerous driving. These changes will hopefully make potential offenders think twice before driving without due care.

This bill additionally bans the disabling of traction control in ultra high-powered vehicles and strengthens laws that ban drivers accused of killing a person from holding a licence until their case is resolved and, additionally, extends on-the-spot licence suspensions/disqualifications to other serious driving offences in the Criminal Law Consolidation Act where death or harm is caused.

The state government will also introduce a new licensing scheme for ultra high-powered vehicles, which is being progressed separately from this bill, as it will involve changes to regulations. This bill amends the Motor Vehicles Act 1959 to support the introduction of the licence class through regulations. The amendment will ensure that a new class of licence for ultra high-powered vehicles, when ready, can be implemented effectively.

I personally do not see the need to drive an ultra high-powered vehicle on any public road, especially when we have facilities in South Australia such as The Bend Motorsport Park. However, if South Australians do intend to drive these vehicles on our streets, then it must be done in a safe way, fully understanding the power of the vehicle and the additional responsibility associated with such a vehicle.

Sophia's friend Jordyn told the trial that she and Sophia had spent time at her house, a fast-food restaurant, on the tram and at Glenelg that night before deciding to walk to catch the bus to another friend's house. These girls were being responsible and enjoying a day not unfamiliar to thousands of South Australian young people, spending time with their friends and sharing moments together away from school and sport.

As has been announced in our recent budget, we will invest nearly $100 million on a new road safety package to tackle South Australia's high road toll. This will include targeted road safety initiatives on rural roads, including audio tactile line marking, safety barriers and rural junction activated warning system signage, as we know that, tragically, two in three deaths on country roads are country people.

There will also be new mobile speed cameras, the replacement of fixed speed and red-light cameras with newer technology, additional mobile phone detection cameras to deter dangerous behaviour and funding to deliver the motorcycle Rider Safe reform program, which focuses on awareness, judgement and decision-making. Finally, $494,000 will be allocated to implement the new licensing scheme for ultra high-powered vehicles.

The fatal five are speeding, drink or drug driving, failure to wear a seatbelt, driver fatigue, and distraction. These are all fully within our control. We decide whether or not to speed. We can decide to leave the car at home and not drive under the influence. We can decide whether or not to wear a seatbelt or drive when we are tired. We can decide whether to watch the road or get distracted. While you might make these decisions for yourself, you have no right to decide whether another person lives or dies as a result of your actions. Road safety is everybody's responsibility. I commend this bill to the house.

Mr ELLIS (Narungga) (16:05): I rise in endorsement of this bill and, in so doing, would like to note how I have been eagerly anticipating its arrival in this chamber for some weeks. It is especially pleasing to see it reach the top of the Notice Paper, and it is wonderful that we should hopefully be able to deal with it this afternoon and allow its progression through the parliament as time goes forward.

It is an issue that I have actually had a great deal of interest in over the past few years. I would like to acknowledge the work of Lynette Lyall, who tragically lost two kids in 2011 on the Bute Road and who I met with in 2021 to discuss this very issue. As I said, she tragically lost two kids, her son and daughter, Troy and Shanae, who were 20 and 16 at the time. They were in a Holden Commodore when it rolled on the Bute Road, and tragically they both lost their life

In that situation, the driver was initially charged with two counts of causing death by dangerous driving but ultimately pleaded guilty to driving without due care and received a seven-month suspended sentence and a $500 fine—a very, very small price to pay for the loss of two lives. I know that the family felt especially aggrieved that the value of their children's lives was not recognised throughout that process.

We did a significant amount of work trying to come up with a solution that would provide for better justice for victims of that sort of accident. Ultimately, the solution we settled on is extremely similar to the one we debate today, but the situation became so stressful for the Lyalls that it was a difficult thing for them to progress and, ultimately, with the election approaching, it was something that did not find its way into this chamber.

That being the case, I am especially pleased that the government has taken it on and that we debate it today. I think it is a wonderful initiative and certainly worthy of this chamber's support. The one fear I have and the one thing I would like to bring to this chamber's attention, without casting any aspersions on the DPP, is that I hope it does not become something that the DPP charges in lieu of seeking out the higher penalty. By that I mean to say that I am sure there will be situations where the driver deserves to be charged with causing death by dangerous driving.

There are situations—and I suspect the Naismith case we were talking about today may well be one of them—where the acts that have been committed by the person who caused the crash are such that they should be charged with the higher penalty and should be subject to a higher penalty than this interim provision provides. I hope the DPP does not use this as an easy way out and let people off the hook somewhat by virtue of the fact that there is now a middling offence they can lean on and resort to.

I am sure there will be situations where the acts are so egregious that they should be charged at a higher offence. I hope the DPP has the courage and wherewithal to seek out those higher penalties for those people who commit those acts and that we see some serious justice served for those people who commit crimes that deserve it. On the other end of the spectrum, there are some situations, without trying to degrade the loss of life, that are really horrific situations where there is no winner.

I remember vividly in my time as a journalist at the Yorke Peninsula Country Times covering a crash at the old Federation Corner intersection, which is now a roundabout. A motorist pulled up at the intersection, gave way as he was meant to, looked left into the sunset, failed to see a car coming, pulled out and then caused a crash that cost a life. That motorist was ultimately responsible for the loss of life and certainly should have seen justice applied, but it was a momentary lapse and a missed car, and there was certainly no intent or recklessness or anything like that. I am sure that this new offence, should it pass both houses of parliament, would have been a more appropriate offence for that person. Nevertheless, I am sure there are some who deserve the higher offence and should be charged accordingly.

I want to offer a quick endorsement of the government and this bill. It is a wonderful thing worth pursuing and it is important that justice is seen to be imposed, and I think in a lot of cases with these accidents that cost life it is severely lacking, and the perception in the community is that those people are getting away with taking a life. I look forward to its passage through the parliament. I just wanted to offer a quick endorsement. Congratulations to the government.

Mr FULBROOK (Playford) (16:10): I rise in support of the Statutes Amendment (Serious Vehicle and Vessel Offences) Bill 2022. While it is preferable to be proactive when creating laws, sadly the circumstances of something so dreadful have brought us together in the hope we can avoid events like this from happening again.

Before I begin, I can only imagine how painful this debate is for the friends and family of Sophia Naismith. My thoughts in particular are with her parents, Pia and Luke, along with sisters Saskia and Ursula, and friend Jordyn Callea, who was injured in this shocking incident.

The tremors we endure from road trauma are always extensive and I am under no illusion there are other people out there hurting from these tragic events. This sense of pain extends way beyond the incidents alone, with the emotional rawness touching on other acts of stupidity that we unfortunately are subject to seeing on the roads. I am extremely sorry for anyone hurting from such losses and hope the passage of this bill continues to respectfully honour the memories of those we have lost.

The communities I represent have had a gutful of hoon driving. I would be very surprised if a week did not pass when I would be contacted by constituents, like David Orr, who share their frustration at experiencing quiet streets being turned into racetracks or drag strips. These people are decent folk who should not have to be terrorised by morons putting themselves and others at risk. While in my area, this is still an accident waiting to happen, sadly we are now dealing with the aftermath of where tragedy has struck. Locally, both the police and City of Salisbury have an enormous task in trying to curb this problem. I am continually raising these issues with them and looking forward to a meeting with Minister Szakacs on the matter in the next few weeks.

In a past life, I had the privilege to serve as the road safety adviser to Minister Rankine for about 18 months. It was an eye-opening time which in many ways reaffirmed the obvious, that to get the road toll down we cannot afford to put all our eggs into the same basket. For as long as I can remember, as a community we have been implementing reforms in the hope that the number of deaths and injuries fall. It is cold comfort to those who have lost loved ones along the way, but in many ways there have been some successes.

Records for this year could be a lot better, but overall the trend is pointing downwards. You only need to look at the SAPOL website to see that over the last 20 years deaths on our roads peaked at 147 in 2005, with this number falling to 71 last year. I am not here to give us politicians a pat on the back but to remind us that we have a role to play in helping to bring these numbers down even further. Stating the obvious, we can invest money on roads to make them safer and come up with policies that have a positive flow-on effect.

While there is always work to be done in these chambers, it also cannot be ignored that the safety of vehicles has improved significantly as time goes on. I have found something showing that vehicles built before 2001 made up about 20 per cent of the car fleet but featured in 36 per cent of fatal crashes. Keeping in mind this information may be a little dated, it compares favourably against data showing that newer vehicles built between 2012 and 2017 make up over 30 per cent of the fleet but were involved in only 13 per cent of fatal crashes.

We only have to think about the arrival of features such as autonomous emergency braking or airbags to know that vehicle safety is improving. While we are all relieved that cars are getting safer, it is not lost on me that the carnage that has necessitated this bill was triggered by a comparatively new vehicle. While we cannot legislate against stupidity, we can make some differences as lawmakers in the hope that circumstances do not repeat themselves.

This bill makes a number of changes that I am pleased to support and shall explore in further detail. The first I highlight is the new provision banning the use of sports mode on our roads. At its most basic definition, I understand sports mode is intended to sharpen how a vehicle responds to a driver's inputs. I have read that it is likely to make the throttle response sharper, the steering heavier and the suspension not quite as comfortable. While I am sure there is much more to it, I think it spells out clearly that you would need some familiarity in motorsport to know how to operate it safely.

It has been a while since I lived and breathed car racing, but I know enough to note that Alexander Campbell is not someone you associate with motorsport success. I know it will hurt, but the only thing he can be associated with now is reckless stupidity. He like so many other hoons needs to get it into their head that they will never go on to taste the glories of winning a race, or whatever childish accolades they aspire to achieve, by driving dangerously on our roads. I say that because if they did know this they would have already worked out that this kind of behaviour belongs on a race track or a dragstrip.

We are privileged in South Australia to have several facilities where aspiring race winners can safely hone their skills without risking innocent lives. It should be noted that on the weekend I prepared this speech The Bend hosted a round of the Lamborghini Super Trofeo Asia. This is a one-make series reserved for the Lamborghini Huracán. As I understand it, it is the same make of car involved in the terrible accident that killed Sophia Naismith. While it is a coincidence, it highlights that cars driven to their limits should only be done on racetracks. I commend those who participated at that event, as they clearly show to any aspiring racer how to use their expensive equipment appropriately.

It also makes me fail to understand how someone who can afford a Lamborghini Huracán cannot afford track time at The Bend. It has been open since 2018, and maybe I am mistaken, but had Mr Campbell accessed this world-class facility he would have realised that sports mode is a setting best saved for the track where there is plenty of run-off area, and marshals available if things go wrong. Restricting its use makes sense, but I do not think on its own it is enough to stop history repeating. This is why I am pleased that we will see a new class of licence for ultra high-powered vehicles. While the finer detail will be shaped through regulation, I understand this bill sets provision to facilitate this new and welcome licence class through regulation.

Ownership of a vehicle with a capability of travelling from zero to 100 in 3.1 seconds should require a higher licensing standard before these rockets take to our roads. I am encouraged that the intent behind this new licensing law will make applicants complete theoretical training no matter how much of an inconvenience this may be. There is now money in the budget for this, so hopefully we will see this soon.

As a member of parliament's Legislative Review Committee that has oversight of regulation, I also look forward to scrutinising these licence provisions very carefully. It is my hope that the theory is compelling enough to convince owners that the Road Rules apply to all users, and that ownership of an expensive and powerful vehicle does not give anyone the right to think otherwise.

Arguably, the biggest reform we are hoping to approve today is the new mid-tier driving offence. This will raise penalties for driving without due care, where a person dies or is seriously harmed, from 12 months to five years' imprisonment for a basic offence, and seven years for an aggravated offence. I do not think this will help heal the pain caused by the reckless driving we are discussing, but it will hopefully show that Sophia did not die in vain. As I said earlier, we cannot legislate against stupidity, but we can send a very clear message that reckless behaviour on the roads will not be tolerated.

I would love it if these rules were just by themselves enough to be a strong deterrent, but I am fearful we will have to see more reckless behaviour on our roads before these increased penalties are handed out and make those who should be listening wake up and pay attention. Hopefully, I am mistaken and the message gets out far and wide. I have no doubt that SAPOL and excellent programs, such as the Road Awareness Program run by the Metropolitan Fire Service, will do their best to spread the word.

The proposed new laws will also see an increase in the minimum licence disqualification, from six months to one year for basic and three years for aggravated offences. Hopefully, this gives perpetrators sufficient time to reflect on the need to mend their ways. It is important to note that an offence will be considered aggravated in one of the following circumstances: knowing they were disqualified from holding or obtaining a driver's licence, driving with a prescribed blood alcohol level of .08 grams or more, driving under the influence of alcohol or drugs, driving knowing the vehicle had a material defect that contributed to the commission of the offence, and driving in contravention of section 44C of the Road Traffic Act 1961.

I imagine I will not be alone in also welcoming the immediate suspension of a licence under the new mid-tier offence once police have issued a charge. Rightfully, it is proposed that this suspension will remain in place until the matter is finalised. Not only will this get these hoons off the road sooner but it may also expedite the process of them facing up to the realities of the crime that they have committed.

Before I finish, I want to commend the courage of Sophia's family. I can only imagine the profound hurt that they are going through, but throughout this they have been very strong. For all that it is worth, I thank you for this and note that through your actions others have less chance of going through the pain that you have experienced.

In the case of Sophia Naismith, we saw an innocent girl pay the ultimate price for just minding her own business. In her 15 years she achieved success as a state volleyballer, gymnast and soccer player, as well as being a popular student at Brighton High. It is easy to imagine that she had a very bright future ahead of her. Her innocence sadly contrasts with the well-resourced effort to minimise the sentence afforded to Mr Campbell.

I can understand why Sophia's family feel they have been denied justice on the loss of their daughter and sister. All they have now are memories tinged with sadness and other strong emotions. The best we are able to do is to attach these reforms when we remember Sophia. May they prove to be effective. With the utmost of sadness, I commend this bill to the house.

Ms SAVVAS (Newland) (16:22): I, like so many others in this debate, am really proud to be speaking to this bill today, one that hopefully, in some small way, honours the life of Sophia Naismith and acknowledges the tragic circumstances of her death in 2019.

As we would all remember all too well, Sophia Naismith was killed when the driver of a Lamborghini lost control of his vehicle and crashed into Sophia and her friend, who were walking along a footpath at the time. The girls were only 15 and of course this tragedy will affect both their families and friends for the rest of their lives. I thank the family and friends who are in the gallery today for your advocacy on behalf of Sophia. It means the world to so many people, so thank you for the strength that you have shown in the wake of this tragedy.

This bill delivers on a commitment made by the Premier to introduce legislation in the wake of Sophia's tragic death. The driver, as we would all know, was found not guilty of the offences of dangerous driving causing death and dangerous driving causing serious harm, and instead pleaded guilty to the lesser offence of aggravated driving without due care causing death. Many in the community had concerns about that outcome, and since that day Sophia's family have very bravely advocated for law reform to prevent similar accidents from occurring in the future.

I think it is really important to acknowledge just how far-reaching the concern and the sadness was from people in the community after hearing that result. I thought I would share with you a few words from an email that I received—one of many—after that outcome, from a resident in Tea Tree Gully. The email is quite long and he does share his thoughts with Sophia's family. He writes to me:

I do hope that you can demonstrate to this state that your Government is willing to stand up for average people in situations like this one. We all want to feel safe and we want our children to feel safe too… And I think that there's something that the Government can do to step up in a situation like this. Surely your government has the ability to do something to stop things like this from happening in the future, not just for Sophia's family but for parents everywhere.

That shows the impact that this tragedy has had across the state on people who are not even known to your family, and I think it is really important to outline the community outcry. Of course, that was only one of multiple emails and letters that I received to really similar effect.

I know that there is nothing that we can do to make that right, and there is not necessarily anything that we can do to bring solace or anything like that to a family who has experienced such an awful tragedy, but it is a really important step, hopefully, moving forward, to help prevent incidents like that from occurring in the future.

This legislation introduces a new driving offence to the Criminal Law Consolidation Act to bridge the gap between maximum penalties for existing offences. It bans the disabling of traction control in ultra high-powered vehicles, strengthens laws which ban drivers accused of killing a person from holding a licence until their case is resolved—another one that I think is really important because that time frame can often be quite extensive. It also extends on-the-spot licence suspensions and disqualifications to other serious driving offences in the CLCA where death or harm is caused.

It also introduces a new licensing scheme for motorists who want to drive those ultra high-powered vehicles. This bill brings in key reforms to assist in those efforts to prevent tragedies like this in the future. It is important to note that most likely we would not be at this point if it were not for the advocacy of Sophia's family, so it is really important to acknowledge their role in shaping this bill that we are bringing in today.

Firstly, there is a new indictable mid-tier driving offence created within the bill, creating a new indictable offence of causing death or serious harm by careless use of a vehicle or vessel. This new offence raises penalties for driving without due care, where a person dies or is seriously harmed. It raises that from 12 months' imprisonment to five years' imprisonment for a basic offence, and seven years' imprisonment for an aggravated offence.

It also raises the minimum licence disqualification period from six months to one year for a basic offence, and three years for an aggravated offence. I think it is really important to send a message about how seriously we take those sorts of offences. Increasing the penalties and increasing imprisonment time is a really important way to show the community how we feel about a certain offence and send that message as well.

The changes increase the available penalties where there is driving conduct causing death or serious harm which does not meet that higher threshold of dangerous driving. This very much recognises that driving without due care can have lasting effects, and can impact the lives of people forever, and it also acknowledges that, as a government and as a judicial system, we are encouraging safety on our roads. It is important to be safe on our roads, and we have the utmost serious intentions as to safety on our roads, and safety of residents and people living their everyday lives.

The offence will be considered to be aggravated where the driver committed the mid-tier offence in one of the following circumstances. The first is knowing they were disqualified from holding or obtaining a driver's licence. I listened to a speech from a young woman who had been in a dangerous car accident not long ago, and she was talking about the impact that that car accident had had on her life. She was in the hospital for over a year but she talked about how it was very much preventable because the driver did not hold a driver's licence at the time of that occurring. I think it is really important to consider that a lot of these individuals are committing offences or driving after having committed previous offences, and this is a really important step to considering the aggravating nature of that offence.

It will also be considered to be aggravated if they are driving with a prescribed blood alcohol level of .08 grams or more if they are driving under the influence of alcohol or drugs. We know, of course, that we have no tolerance for driving with alcohol or drugs in your system. There is also the aggravated offence if you are driving knowing the vehicle had a material defect and also if you are driving in contravention of section 44C of the Road Traffic Act.

Again, this is a really important step towards acknowledging those who are making an active choice to drive dangerously—and there are many who do make an active choice. I for one have the personal opinion that if you make the choice to drive when you have been drinking, that is a choice that you are making. The impacts you are having on those lives are actually a choice you have made and you should be held accountable for such choices.

I also think it is really important to have strong legislation to back up the community outcry and the community response because we know that community members have little tolerance for those behaviours, knowing that so many innocent people do the right thing—do the right thing when they get behind the wheel, do the right thing when they are going about their business—and that people who are walking along the footpath with their friends, or people who are doing the right thing living their lives as they should be able to as teenagers, could be forever impacted by those behaviours.

Another element of this bill is banning the disabling of traction control. The offence captures particularly powerful vehicles, such as Ferraris and Lamborghinis. We know that there should be specific parameters that do capture that level of vehicle, and the associated risks are significant. The inclusion of this offence as an aggravating factor for the new mid-tier offence will capture, among other things and among other conduct, the driver of an ultra high-powered vehicle driving in sports mode who may cause death or serious harm.

Again, including that as an aggravating factor does send a really, really strong community message that we do have an expectation, particularly if you are behind the wheel of a high-powered vehicle, that perhaps you take into consideration the differences in driving that vehicle. Of course, all cars can be dangerous weapons in different ways, but there are specifics to those vehicles that make them more dangerous or more susceptible to unwanted circumstances.

Another element in the bill is the new immediate loss of licence provisions; that is, if police charge a person with a new mid-tier offence, the driver will be issued with an on-the-spot licence suspension or disqualification to prevent them from driving until the matter is finalised—again sending another message to the community that if you do the wrong thing you will not be given the opportunity to do it again.

Dangerous driving or driving without care is something we take incredibly seriously. I think that is another really important element, particularly noting the time frame that lots of those matters may take. We have a court system that is often quite clogged up, and it is important to acknowledge the impacts of those outcomes in the meantime, before that incident has been finalised.

The bill also extends on-the-spot licence suspensions and disqualifications to other serious driving offences in the CLCA where death or harm is caused. Currently, immediately licence suspensions only apply for the offence of extreme speed and dangerous driving causing death. I think this is a real change in the narrative, and what is important here very much is the narrative of what we deem to be acceptable and unacceptable on our roads.

In the wake of the verdict for Sophia's case, we saw that the community very much did not agree that it was an acceptable outcome, and I think we heard that across the state, and we heard it interstate, of course, as there was national coverage of that. I think it is really important to acknowledge that the majority of people who are doing the right thing do not see that to be an acceptable outcome and that changing the narrative is something we owe not just to victims and victims' families but to the community overall and to those, of course, who make the right decisions when they get into their vehicles each day.

A new licensing scheme for ultra high-powered vehicles is also being considered but, as it is slightly more complicated and deals with regulations, it will be considered separately. The bill amends the Motor Vehicles Act to support the introduction of the licence class through regulations, and that will ensure that a new class of licence for ultra high-powered vehicles, when ready, can be implemented effectively and in a meaningful way.

This is an incredibly important suite of reforms. I think it is really important here to acknowledge the Attorney in the other place; the Minister for Road Safety in this place; the Chief Justice, who provided some really important comments during consultation on this bill; and, of course, Sophia's family who have fought so hard and exist continually as such strong advocates against tragedies like this one.

We know that there is nothing we could ever do to take that tragedy away from you or your family, but I think we should acknowledge what you may be doing for other families and other groups who may be impacted in the future by events like this one. I am incredibly happy to commend the bill today. I thank you again, and we are all thinking of Sophia today, may she rest in peace.

Ms STINSON (Badcoe) (16:35): I rise today to support this bill but, much more so, I rise today to express my support to you. I am very lucky to know Pia and Luke a little, and I knew as soon as I stood up and tried to put words to this that emotion would overcome me a little. I just cannot imagine what you have all been through, but I can also see the incredible work that you have done to get us to this point, where we have the bill before us. I take great inspiration from that, and I find it quite remarkable that you could have this completely devastating and life-changing experience and then get up and do something amazing for our community.

I have had the privilege in my working life of being a court reporter for many, many years and unfortunately spent many, many hours hearing about devastating loss of life in our community on our roads because of sometimes careless, but sometimes reckless and sometimes quite murderous, behaviour on our roads and more generally in our community. Each of those stories has always stayed with me.

I also have had the great pleasure and privilege of serving on the Victim Support Service board for many years, and chairing that organisation prior to coming into parliament. I have seen the range of victim experiences. Some people are completely crushed to the point of being unable to operate after a tragedy, but others, from some amazing place, find incredible strength in heartbreaking pain. I do not know where that comes from, but it is an incredible way of both dealing with pain and of giving something to a community that probably you do not owe anything to in that moment of grief.

I do not think it can be underestimated what Luke and Pia and their family and Sophia's friends and loved ones have managed to contribute over recent years, to be able to turn that into something so good right now, to be able to translate such horror into something that is fundamentally good and fundamentally makes a difference for people right across our community.

Of course, this will never replace or even ameliorate what happened to Sophia: it will not ever come close. There is nothing that will replace her. But I hope that sitting here today and hearing the words of members of parliament, who have been following this case and putting our hearts and minds to how to use our powers in this place to help you achieve this good, gives you some tiny sense of satisfaction and that you can sit here and be very proud and know that it is through your hard work that this has happened today.

Today, you have honoured Sophia and you have done the right thing by her, but you have also done the right thing by our whole community, by other young people who may find themselves in such situations and by those young people who will never know that by passing this law you have offered a deterrent and you have stopped something bad from happening they will never have to endure.

I am not going to go through chapter and verse because my colleagues have done a very good job of describing what this bill does and how it improves our law. Fundamentally, this is good law. This is good law that offers deterrents and it also offers remedy in the case of tragedy. But we also know that laws are only as good as those who choose to follow them. My real plea is to all the drivers out there: every time you get behind the wheel—all of us in here, everyone out there—just think for a millisecond about other people, whether that is Sophia, whether that is one of your own loved ones or whether it is just someone you saw on the news. Just spend half a second thinking about it and about the powerful weapon you are about to drive out of your driveway.

As much as I am committed to good law and legislation—and that is what we are here to do, to make a good law for our community—it is only as good as those who choose to obey it and choose to think about it. What we really need to effect real change is a real change of mindset and a real change of behaviour, and that is incredibly difficult. I know that the police minister spends a lot of his time thinking about those campaigns we run to try to get people's attention, to try to change their minds about their driving behaviour.

We are no angels; all of us make mistakes behind the wheel. For these laws to work and for lives to be saved, we absolutely have to have a change of mindset and a change of behaviour from people. I hope that people keep Sophia in their hearts and minds and that they turn it into their own action each day in the way they drive on the roads and the decisions they make because no-one wants to see their loved ones go through the experience you have and no-one wants to experience these things in their own lives either.

Unfortunately, in my career as a reporter, I saw just far too much of the carnage on our roads and far too much of the devastation that comes for the years and lifetimes afterwards. It is incredibly frustrating as lawmakers because of course all of us in here want to stop that from happening. We do not want to see another family go through what your family has. These laws are very powerful, but the more powerful thing is the decisions that we each make every single day. Real change comes when people really change themselves, and I hope that can happen.

I would like to thank the Attorney-General in the other place for the time and effort he and his staff have put into these laws. I would like to thank the police minister, who is ever vigilant and has the great pressure of thinking about how we are going to get people to change their behaviours and also has had quite a role, he and his staff, in these laws, and I would like to thank my colleagues who are out there every day talking with people in our community about your story, about Sophia's story, but also, unfortunately, about so many other people in our community who have lost their lives when they really did not need to.

From the bottom of my heart, I thank you, Luke and Pia. I feel very grateful to know you. I hope you know that I, like many here, will be here for you into the future. We know that this does not end here and we know that this is something that will affect you for your lifetime, but we are doing what we can here today for you. We thank you so much for the incredible generosity you have shown our community in putting this on our agenda, in pushing for these laws and for making them happen. God rest Sophia and God bless you all.

Ms HUTCHESSON (Waite) (16:44): I rise in support of this bill and thank the Naismith family for their heartbreaking advocacy following the death of their daughter Sophia. It is never easy to lose someone, but even harder when they are so young and under these circumstances and the circumstances that have now instigated this legislation, so you have my condolences.

It is clear from the court case against the perpetrator of the dangerous behaviour, that the existing legislation was not good enough to make sure that your loss was vindicated. The driver of the vehicle who killed Sophia and injured Jordyn was driving a high-speed sports car in sports mode on a suburban street.

Our streets are not racetracks and those cars are not designed to be on roads and that is why they have these special provisions to keep them safe. The fact that, in this case, the electronic stability control was disabled and the driver had been warned about his rear wheels and had not addressed those, it is unbelievable that he was able to get off with the sentence that he did. It was irresponsible in the end and devastating for Sophia's family and their community.

The driver proceeded to trial, where he was found not guilty of the offences of dangerous driving causing death and dangerous driving causing serious harm. The driver pleaded guilty to the lesser offence of aggravated driving without due care causing death and received a suspended imprisonment sentence, 18-month good behaviour bond and a community service order.

You have worked hard in memory of your daughter to advocate for law reform. I know that the outcome of the trial did not reflect your loss and that you have done all you can to see the reform so that this kind of absolute tragedy can be prevented from happening again.

The introduction of this new legislation will now see a whole lot of new penalties, including the introduction of a new driving offence to bridge the gap between maximum penalties for existing offences. It will ban the disabling of that traction control in ultra high-powered vehicles and strengthen laws that ban drivers accused of killing a person from holding a licence until their case is resolved and extend on-the-spot licence suspensions/disqualifications to other serious driving offences.

It is also going to introduce a new licensing scheme for motorists who want to drive those cars so that they will have extra provisions put on them and there will be more control over how they drive those cars. The bill creates a new indictable offence of causing death or serious harm by careless use of a vehicle or vessel and these changes increase the available penalties where there is driving conduct causing death or serious harm that does not meet the higher threshold of dangerous driving. The offence will be deemed aggravated where the driver commits the offence in the following circumstances:

knowing they were disqualified from holding a licence or obtaining one;

driving with a blood alcohol level of over .08;

driving under the influence of alcohol or drugs; and

driving knowing the vehicle had a material defect and that material defect contributed to the offence.

It will also now be an offence to disable the traction control of those vehicles. Owners of Lamborghinis, Ferraris and Bugattis who drive in sports mode will now be captured by this offence. As I said, these cars are designed for racetracks and these extra provisions will help put some controls on them.

This new legislation will allow police to immediately suspend licences and it is something that I want to talk a little bit about because our police, our first responders, our ambulance drivers, are the first ones on the scene. Whilst they do not necessarily know the victim, they are there, they see so much and they take that home with them and in some cases it is really hard to shake.

Just last week, I attended a head-on car accident in my capacity as a CFS volunteer. I have been to many car accidents and none has ever impacted me. When I opened the door of the car, it was somebody I knew and automatically the impact is different. Whilst I know that person is now okay, sometimes they are not okay, and in your case Sophia was not okay. That is really hard, obviously, for you the family and friends to have to deal with, but also hard for those who were there to help her in those moments. So I would like to pay my respect to all of our emergency services volunteers and ambos.

In fact, on the weekend I attended the Adelaide Showground for the Australasian Rescue Challenge, where first responders from all over the country, as well as the UK, Hong Kong and New Zealand, came together to show their skills and compete and learn from each other so that next time they attend an accident they will have even more skills—to move faster, to move quicker, to help, to do everything they can. It was the case that our local MFS crew actually won that award, so probably MFS volunteers may have assisted Sophia, and the SAAS team as well. It is good to know that our crews are the best in Australasia and do everything that they can.

They are there when we need them, but we must remember that what they see can stay with them. Cars are not toys. They do not bounce; they crunch, they make a lot of noise and they kill. We need to do all we can to try to help road users and pedestrians to be as safe as they can. The new laws aim to do that. They are extensive, and they have been consulted with various stakeholders and SAPOL. I am confident that they address what has been lacking to ensure those who seek to put themselves and their own enjoyment and prestige of driving these vehicles in front of the safety of others, in front of the safety of children like Sophia, will be penalised.

Again, my deepest condolences to you, the family, and also to your friends and your whole community who would have known and loved Sophia. Your loss is way more than any parent should have to deal with and any family should have to go through. Thank you also for your tireless advocacy for these laws and these reforms. They do not bring Sophia back, but they will hopefully protect others in the future and, hopefully, that is something that gives you some peace. May she rest in peace.

The Hon. K.A. HILDYARD (Reynell—Minister for Child Protection, Minister for Women and the Prevention of Domestic and Family Violence, Minister for Recreation, Sport and Racing) (16:51): I rise to speak today to the Statutes Amendment (Serious Vehicle and Vessel Offences) Bill 2022, brought to this place by the minister for road safety, following its successful passage through the other place.

As other members have spoken about today, our entire community was heartbroken to learn the news of the tragic passing of Sophia, a 15-year-old Brighton Secondary School student and very talented volleyball player. As we know, Sophia was struck alongside best friend, Jordyn, then also 15, who was seriously injured. Firstly, I offer my love and my deepest condolences to Sophia's family on the loss of their beautiful daughter. I am sure that their hearts are broken. I am also sure that so many in our community family will be there for you in the unthinkably difficult times ahead.

I did not know Sophia, but I have learnt more about what a special person she was, including through speaking with my friend Peter Hilhorst, who, as well as being a mate, a local firefighter and surf lifesaver, is a remarkable artist. I understand that he was asked to paint a picture of Sophia. He did, and it is incredibly beautiful, capturing her in a lovely moment of fun and happiness with friends at Brighton Jetty. Again, I did not have the honour of knowing her, but I have loved hearing about her and loved seeing her spirit and happiness captured in this beautiful painting.

This unthinkable event, as has been spoken about, occurred when a driver of a Lamborghini sports car lost control of his vehicle at high speed. Through the trial, the driver of the vehicle was shockingly found not guilty of the offences of dangerous driving causing death, and dangerous driving causing serious harm. He did, however, plead guilty to the lesser offence of aggravated driving without due care causing death and, as a result, shockingly received a suspended imprisonment sentence, 18-month good behaviour bond and a community service order, a deeply unacceptable outcome.

Following the trial, with such strength and integrity Sophia's family have courageously advocated for reform of legislation to better reflect our community expectations about what are deemed appropriate consequences for these terrible actions and to act in a way that hopefully helps prevent such a tragedy from happening to another family, because no family should ever have to lose a beloved member in this terrible way.

As Sophia's brave family said in the media at the time of this legislation being introduced into the other place, 'The reforms will not bring Sophia back but hopefully they will make drivers more accountable for their behaviour and reduce the trauma for families.' This is absolutely the aim of this bill. This reform comes about through four key legislative aspects:

inclusion of a new mid-tier driving offence aimed to bridge the gap between maximum penalties for existing offences;

the banning of disabling of traction control in ultra high-powered vehicles;

strengthening laws banning drivers accused of killing a person from holding a licence until their case is resolved, and extend on-the-spot licence suspensions and disqualifications to other serious driving offences where death or harm is caused; and

the introduction of a new licensing scheme for motorists who want to drive these ultra high-powered vehicles.

I thank the Attorney-General, the minister, their departments and all who have advocated for and worked towards these reforms and welcome their successful passage through this house.

Before I speak further on those specific reforms, I also want to reflect a little further on the life and legacy of Sophia Naismith. Amongst her many achievements at such a young age, Sophia was a keen junior volleyballer. I want to thank Volleyball SA for honouring the legacy of Sophia through the creation of the SA Spirit Award. The inaugural winner of this award, Zephyr Brus, upon winning this award expressed the honour she felt to receive this recognition and the privilege of helping to carry on that legacy and spirit of Sophia.

In bringing about the award, Volleyball SA noted that Sophia was characterised always on and off the court by her positivity and commitment and her compassion for all. I also acknowledge all within the volleyball and broader sporting community who knew and loved Sophia. Amongst those are many who also work tirelessly to continue her beautiful legacy of positivity and compassion.

As I mentioned, this reform has four key elements. As previous speakers have discussed, the inclusion of a new indictable offence of causing death or serious harm by careless use of a vehicle or vessel raises penalties for driving without due care, where a person dies or is seriously harmed from 12 months' imprisonment to five years' imprisonment for a basic offence and seven years' imprisonment for an aggravated offence.

Regarding minimum licence disqualification periods, this offence raises this from six months to one year for a basic offence and three years for an aggravated offence. These changes, I think, reflect our community's desire for penalties to appropriately reflect the serious nature of this conduct when these actions cause death or serious harm which does not meet currently the higher threshold of dangerous driving.

The new offence of prohibiting the driving of an ultra high-powered vehicle where an automated intervention system has been disabled may include disabling embedded safety systems such as anti-lock braking, electronic stability control, traction control, and automated emergency braking.

This inclusion of a new offence as an aggravating factor for the new mid-tier offence will capture, among other conduct, a driver of an ultra high-powered vehicle driving in sports mode who causes death or serious harm. This reflects rightly the aim of this bill for our legislation to better cover the range of circumstances that can lead to loss of life or serious harm caused by dangerous driving.

Other elements of this bill include the provision of an on-the-spot licence suspension or disqualification if police charge a person with that new mid-tier offence. The aim of this is to get dangerous drivers off the road. Currently, the enforcement of these on-the-spot suspensions only apply for the offence of extreme speed and dangerous driving causing death. We must ensure community safety is prioritised and that those who face this new indictable offence of causing death or serious harm by careless use of a vehicle or vessel do not continue as they are able to do at the moment—to lawfully drive following this charge for the period until the matter is finalised.

The final element outlines a new licensing scheme for ultra high-powered vehicles. Whilst this bill amends the Motor Vehicles Act 1959 to support the introduction of this licence class, this scheme will be progressed separately from the bill through changes to regulation.

In closing, I again acknowledge the tireless work of Sophia's family to bring about these reforms—reforms that will see drivers think carefully before driving on our roads in a way that endangers precious members of our community and endangers anyone on the road. It is a remarkable gift to our community when those who have suffered the greatest loss, the greatest adversity, display such courage, such determination and care for others in their conduct and their desire for change. I thank the Naismith family wholeheartedly for their advocacy and I commend this bill to the house.

Bill read a second time.

Third Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (17:01): I move:

That this bill be now read a third time.

The Hon. J.A.W. GARDNER (Morialta—Deputy Leader of the Opposition) (17:02): I have not contributed to the second reading in this debate, but in the third reading I want to put on the record the Leader of the Opposition's strong support for this measure. With your indulgence, Mr Deputy Speaker, we are not supposed to refer to whether people are in the chamber or not, but the Leader of the Opposition is quite unwell, as anybody who heard him on the radio this morning would totally understand. He certainly would have liked to be here in any other circumstance, and his regard for the family in particular is very high. We support this bill wholeheartedly and look forward to its passage.

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (17:03): In closing, can I firstly thank all members for their contribution to this debate. There are more often than not matters before the parliament that command non-partisan/bipartisan support. It is often the case, due to the adversarial nature of politics, that our differences are widely reported and our differences are widely discussed. More often than not, it is the case that sensible and proper policy reforms such as Sophia's Law are supported right across the political divide. I thank each and every member of the house who has made their contribution to this debate.

I note a number of members have talked about their own connection with the geographic area, the schools and the communities that Sophia, her parents, Luke and Pia, and her extended family know and call home. It has been clear for some time the deep impact that this tragedy has had on not just Sophia's family but the wider community.

This tragedy has been one that has shocked the community. In response, I am pleased that we will soon see the passage of this law, as I said supported by all in this place, that not only responds to that community outrage but also, I hope—in fact, I know—will leave a lasting legacy, in addition to the lasting legacy that Sophia has already left in her far too short number of years in our community.

This bill pulls many levers to improve safety. At its heart, I wish this to have a profound impact on the decisions that people make on our roads. I am not naive enough, though, to say that it is guaranteed to do that, because at the heart of all of this, and at the heart of this tragedy in the first place, was one individual in one moment making a decision that cost someone their life. But I know and I trust and I believe that the steps forward being taken by this parliament will have a profound impact and lessen the chance of another tragedy like this occurring again in the future.

That is the right thing for us to do, and I am so sorry that it has taken a tragedy such as the loss of Sophia Naismith's life for us to be called into action. We have been called to action not just because it is the right thing to do but because of the extraordinary advocacy and bravery of Sophia's family. Just again today, a short number of hours ago, Luke, Pia, Sophia's sisters and wider and extended family and friends again stood bravely before a sea of television cameras to so eloquently and bravely speak of their story.

I cannot imagine the ongoing pain and grief that are encountered every single time that is necessary, or that choice or that bravery is faced again. All of us in this place struggle at times to understand because most of us do not have the lived experience of this type of tragedy, but in the last number of years, in the discussions various members of this place have had with Sophia's family, I think we have come as close as we possibly can to understanding what that grief is.

We have also had the absolute privilege of seeing, and have been humbled to see, what grief can do and what tragic loss can do for a force of good. What I ask you all to leave here with today is, as I know you will every single day, to remember Sophia and to celebrate the good that she has done and the fact that she will be remembered by so many people.

I want to thank, as other members have reflected on, Sophia's family for their presence here today through all of this debate. They remind us why we do what we do, why we have to act on values and why we have to act for our community, but also of the extraordinary capability that good in our world can still bring. To Luke and Pia and your family, thank you. May we remember Sophia for a long time.

Bill read a third time and passed.

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