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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-11-27 Daily Xml
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SEATBELT EXEMPTIONS

The Hon. D.G.E. HOOD (14:52): I seek leave to make a brief explanation before asking the Minister for Road Safety a question about exemptions on the use of seat belts.

Leave granted.

The Hon. D.G.E. HOOD: This is a fairly simple question, but I was contacted by a constituent who was genuinely confused. I will call him 'Grant' for the sake of this exercise.

The Hon. R.I. Lucas: If it is a simple question, 'Russell' would be appropriate.

The Hon. D.G.E. HOOD: It is the end of a long week: I will not acknowledge interjections as they are out of order. I can supply the minister privately with his full name, if she would like. 'Grant' is a delivery driver for Australia Post, and recently he contacted me about whether or not he had to wear a seat belt while delivering mail. On 26 September this year he was pulled over by a police officer, but he was told that he was exempt from wearing a seat belt because of the nature of his work. The worker has also heard of another three cases of police officers informing work colleagues that they too are exempt from wearing seat belts. On four separate occasions he and his colleagues were told that they are exempt.

However, on 7 November this year 'Grant' was pulled over and this time was fined for driving without a seat belt. He was fined $250 and received three demerit points. He contacted my office to ask what rules applied in this matter and exactly what was the law for mail deliverers wearing seat belts. He also advised me that following his fine all the delivery agents at the Netley Australia Post depot are now confused as to whether or not they should wear seat belts. I informed him that my understanding of rule 267 of the Road Rules is that he is not usually required to wear a seat belt but that he should get legal advice and dispute his ticket with the Expiation Notice Branch, if appropriate. Rule 267 is somewhat vague. It reads that drivers are exempt from wearing seat belts if:

The person is engaged in the door-to-door delivery or collection of goods or in the collection of waste or garbage and is required to get in or out of the vehicle or on or off the vehicle at frequent intervals.

Some Australia Post drivers are not engaged in door-to-door deliveries but instead go from post box to post box. So, are they included under this rule 267? Although 'Grant' does do door-to-door deliveries, some of his workmates do not and they have requested that I seek clarification from the minister to put on the record. My questions to the minister are:

1. Will she clarify the exact rule for postal delivery agents in the circumstances which I have described?

2. If I supply further information about 'Grant's' case in particular, will she undertake to look at it specifically?

The Hon. CARMEL ZOLLO (Minister for Correctional Services, Minister for Road Safety, Minister for Gambling, Minister Assisting the Minister for Multicultural Affairs) (14:55): I will certainly undertake to look at not just rule 267 and its technicalities and how they apply to Australia Post delivery people but, in particular, to the constituent the honourable member has just mentioned. I will approach him after question time and endeavour to have a response for him as soon as possible.

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