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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-12-02 Daily Xml
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CRIMINAL LAW (CLAMPING, IMPOUNDING AND FORFEITURE OF VEHICLES) (MISCELLANEOUS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 28 October 2009. Page 3806.)

The Hon. S.G. WADE (11:05): I rise, on behalf of the opposition, to support this bill. Hoon driving is reckless and dangerous. Road use inherently involves risk. It is dangerous enough without drivers driving at excessive speed and engaging in risky manoeuvres. At the 2006 election, the Rann government promised that it would increase the provision for the impounding of vehicles from two days to seven days, and introduce a regime of wheel clamping and extend the use of that option to more offences beyond hoon driving.

In the closing days of the parliament we have this bill before us. The government has shown a distinct lack of urgency. The minister in the other place, at the second reading, made the following statement:

The measures in this bill represent an initial and immediate response by the government to the increasing prominence of hoon and dangerous driving by certain sections of the public. On 7 July 2009, the number of road fatalities since July 2008 was 124, 15 more than at the same time last year. South Australia Police, the government and the public of South Australia are worried and will not continue to tolerate this criminal conduct on South Australia's roads.

This statement of the minister is spin: 7½ years into the government, how can this be an 'initial and immediate response'? What a joke for this minister to say that South Australians will not continue to tolerate hoon driving. South Australians have never tolerated hoon driving. This government has failed to address the problems of hoon and dangerous driving.

The government's own figures show a dramatic escalation of clampings and impoundings. In 2005-06, there were 693; in 2006-07, there were 791; in 2007-08, there were 1,461; and in 2008-09, there were 3,156. The government might puff out its chest at how tough it has been in terms of imposing clamps and impounding vehicles, but I think that South Australians would rather see fewer hoons on the roads, rather than hoons being dealt with by these laws. Fewer hoons on the roads is actually what delivers safety for South Australians.

In the other place, the opposition moved an amendment with a view to proceeds of the bill being put into prescribed projects for the rehabilitation of young offenders. On 18 November 2009, the Attorney-General issued a press release which criticised this amendment. In part, he said:

The Liberal Party would rather take money from victims of crime who are the ones at the receiving end of violence and instead give it for the benefit of the criminals who commit these crimes.

This statement belies a strange view of rehabilitation. From the view of the state and this parliament rehabilitation is not for the benefit of criminals—it is for the benefit of victims. Every time a former offender reoffends a victim suffers. Effective rehabilitation is fundamentally about preventing future crime and sparing innocent South Australians from becoming victims of crime.

The Victims of Crime Act itself highlights that rehabilitation is in the interests of victims. Under section 31 of the Victims of Crime Act payments can be made from the fund to a government or non-government association or agency to assist in the prevention of crime. If the Attorney-General finds it offensive that Victims of Crime Fund resources should not go to prevent future victims through rehabilitation, he should not just issue a press release but move to delete section 31 of the Victims of Crime Act. As usual, the Labor Party is two-faced and focussed on spin and not substance. The opposition supports the bill.

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (11:09): As there are no other speakers I thank the honourable member for his indication of support for the bill. Given the honourable member's comments, I put on record that this government has done a number of things to deal with the problem of hoon driving. I well remember that when I was minister for police this issue came up regularly, and one of the measures we introduced was the first measure that related to impounding vehicles. We also introduced the locking of vehicles. Envisaged here is building on the foundations of those measures taken to address the problems of hoon driving and this further stage in respect of driving.

I am sure that, if there is any need to tighten legislation to go further in relation to dealing with the problem of hoon driving, this government will consider it. I do not accept that this government has been tardy in any way in dealing with the problems of hoon driving—far from it. The government has brought this issue to the attention of the public through the measures we have taken, and we will continue to do so. I thank members for their indication of support.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. P. HOLLOWAY: I ask members to note that on Wednesday 28 October 2009 an incomplete version of the report to the bill was inserted into Hansard that omitted references to the amendments filed by the Attorney-General to this bill as passed by the House of Assembly. The clause notes were up to date and correct at the time. On Friday 30 October 2009 Hansard for 28 October 2009 was corrected to include these amendments.

Clause passed.

Clauses 2 to 14 passed.

Clause 15.

The Hon. S.G. WADE: The opposition does not propose to move its amendment to this clause in light of the pressure of business on the council. We have made our position clear in both the house and the council in terms of the importance we place on the prevention of future victims, and we are happy to let those statements stand.

Clause passed.

Clause 16 passed.

Schedule and title passed.

Bill reported without amendment.

Third Reading

Bill read a third time and passed.

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