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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-11-14 Daily Xml
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MOTOR VEHICLES (DRIVER LICENSING) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 30 October 2013.)

The Hon. K.L. VINCENT (11:02): I do not propose to speak at great length about this bill. It relates to a matter that I consider to be of great importance and is a bill I intend to support; however, I felt it important, when presented with the chance to comment upon it, to raise a key issue that I feel must be acknowledged in this area.

The bill seeks to address a serious issue affecting the people that reside in the Anangu Pitjantjatjara Yankunytjatjara (APY) lands in the state's Far North western corner and the Maralinga Tjarutja lands that lie just to the south. To very quickly sum up its provisions, the bill provides for an exemption from some of the conditions for obtaining a driver's license for people living in remote Indigenous communities such as these. It is a hugely important step, as it increases the opportunities for people living in these communities to get a driver's licence and increase their mobility.

The driver's licence conditions have very much been written with an urban population context in mind and in very remote areas, like the APY lands, they are difficult if not impossible to achieve. The creation of these exemptions will, it is hoped, increase mobility and improve road safety by increasing the number of licensed drivers in the area.

From my own trip to the APY lands, I can vividly recall the sides of the roads littered with the wrecks of a great number of cars of all descriptions—twisted, burnt out and half dismantled—that have all been devoured by the very challenging and demanding roads. The abundance of all manner of wildlife and the great distances between communities make travel difficult and quite dangerous. I shall spare you the full anecdote but, last year, my staff and I spent several hours driving back and forth to assist a family that had become stranded with a flat tyre around an hour out of Amata.

The exemptions will initially only apply to a small number of people; however, it is my understanding that the government hopes to expand this in 2014, when it is hoped a road safety education program for the area will begin to be delivered. This is where I fear the danger lies. There is too great a tendency for the temporary to overstay its welcome and become the permanent where the APY lands are concerned. One need only look at the issue of conciliators that recently has been discussed here and elsewhere. For three years, from 2010 to 2013, the minister failed to appoint APY conciliators in accordance with the APY Land Rights Act of 1981, and it is my understanding that nobody has ever been appointed to the equivalent position under the Maralinga Tjarutja Land Rights Act 1984.

I want here and now to put on the record both my hope that this will be a great initiative for the people of the state's remote Indigenous communities and my fear that this could become another great plan half implemented. On this occasion I sincerely hope to be proved wrong, and I hope the minister will be able to provide some reassuring comment in that regard in his summing up. With those words, I support the bill on behalf of Dignity for Disability and commend it to the council.

The Hon. T.J. STEPHENS (11:06): I rise on behalf of the opposition to speak on this bill. As outlined previously by the Minister for Aboriginal Affairs and Reconciliation, this bill amends the Motor Vehicles Act to enable the minister to exempt remote Aboriginal communities, initially the APY and MT peoples, from the onerous licensing regulations.

The opposition believes this to be common-sense legislation. It is quite obvious that in remote communities the ability to meet licensing conditions to the letter of the Motor Vehicles Act is almost impossible. In remote communities there are very few, if any, driving instructors, limited access to roadworthy vehicles and limited access to fully-licensed supervising drivers for learners in order for them to complete the 75 driving hours, not to mention the literacy issues that prevent access to information or accurate completion of the logbook.

Given the difficulties just mentioned, it is no wonder that only 17 per cent of Aboriginal people living on the lands hold a current driver's licence. This leads to many driving unlicensed in order to get around the vast homelands, and a spiral of criminality ensues. These people are then fined for driving unlicensed and, after failing to pay fines, many wind up in gaol. As honourable members know, with a criminal conviction and a prison sentence, future employment becomes difficult to obtain. We do not wish to see this continue. These people should not be considered criminals purely as a result of their geographical challenges.

The minister indicated that he has capacity to prescribe other areas for exemption, and this is welcomed. From a personal perspective I know that non-Aboriginal people living in remote areas, cattle stations and the like, would also find it difficult to meet the specific requirements outlined by the current act, so perhaps that is something the government can look at in the future.

Finally, I indicate that I will be moving an amendment to legislate the need for exempted drivers to undertake an intensive driver training course and pass driver competency. I understand the government wants these details to be the realm of the minister; however, we believe it is important that it be legislated. I commend the minister and the department. There are many brickbats thrown about in Aboriginal affairs, and even in this particular instance there are many reasons why we could say that this is too hard. If we are going to make meaningful differences, especially on the APY lands, sometimes we have to take a risk and perhaps put ourselves out there.

I commend the minister and his advisers in particular on this issue because it does show a reasonable amount of courage. I also thank other members in this place for their support, because it is very easy to find reasons not to do things. My experience from travelling to the lands is that not enough happens, because there are always too many reasons why we cannot get something done, and not enough reasons why we can. The opposition will support the second reading of this bill, and I look forward to moving my amendment in committee.

The Hon. T.A. FRANKS (11:09): I rise on behalf of the Greens very briefly to say that we fully support the bill before us. Certainly, Anangu Pitjantjatjara Yankunytjatjara and Maralinga Tjarutja people face particular hurdles in regard to driver licensing that have compounding effects, leading to their contact with the criminal justice system, as has been mentioned by previous speakers—unnecessarily so. I have heard time and time again, through my membership of the Aboriginal Lands Parliamentary Standing Committee, ridiculous stories about how even when an Anangu person qualifies for a driver's licence there is nowhere to pay for it. It is not as though half the time there is a post office on the corner or even a working phone, let alone a local Services SA office.

That vicious cycle leads to those people, even with the best of intentions and doing the best they can, falling foul of the law and precludes them from the ability to hold jobs that often requires a driver's licence. That is one of the things I wanted to quickly raise. I believe this will also have a very positive effect on the ability of Anangu to get those jobs that require a driver's licence.

With that, I echo the sentiments, particularly of the Hon. Terry Stephens, that it is always far too easy to find ways to say no to something like this. I know that for many years people have been saying no to this particular idea before us, and I commend the minister for finally getting it into this council. I also acknowledge the work of people like Judge McCusker from the Palya foundation, who met with me many years ago on this issue, but so many more have lobbied me about this issue. I think it will change lives and have a really positive effect. With that, I look forward to its speedy passage.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (11:11): I would like to thank all honourable members for their words of support for the bill; I am very heartened. As the Hon. Mr Stephens said, only 17 per cent of eligible Aboriginal people living on the APY lands hold a valid driver's licence, compared with approximately 90 per cent of eligible people in the rest of the state. Such a differential demands the special measure that this bill provides, although I do understand that it has been a hurdle that not many people have wanted to jump in the past.

This bill will enable the Minister for Road Safety to issue exemptions to Anangu living in remote communities in both the APY and MT lands from requirements of the Motor Vehicles Act regarding eligibility for and the granting of a learner's permit or driver's licence. The bill provides a mechanism that will be supported by policy to assist Aboriginal residents of the lands to overcome barriers to both entering that licensing system and retaining their licence. Driver licensing offences and penalties and disqualifications will continue to apply to drivers once licensed in the same way they apply to any other driver.

A case management approach will be used to assist Aboriginal residents on the lands to work through the complex licensing process, and it is anticipated that in 2014 a road safety education and intensive driver training program will be established for those persons whose personal circumstances require it.

It is envisaged that community support for parents and other community members will be provided during the intensive driver training program to help the local community understand the requirements of the licensing system and support participants in the driver training program. Subject to a successful completion of the program, participants would benefit from exemptions that would enable them to obtain a driver's licence, either provisional or full, depending on their age. The exemptions could also be used to reduce the number of supervised driving hours a learner driver is required to obtain before progressing to a provisional licence.

I would like to take this opportunity to thank the trustees of the Palya Fund and to acknowledge their advocacy on behalf of senior Anangu in support of this bill. In particular, I would like make special mention of the Hon. Dr John Bannon AO, Judge Peter McCusker and Elizabeth Tregenza. These people work diligently and tirelessly in support of the economic community and cultural wellbeing of Anangu, and it is a fact that this bill would not be in its current form were it not for the partnership the government has with the Palya Fund. I would also like to thank most sincerely minister O'Brien and his staff in the other place and my long-suffering adviser, Shane Webster, for shepherding this bill through these processes that have taken so long to get it to the chamber.

It is anticipated that this bill will have a significant positive impact on remote Aboriginal communities by enabling more community members to obtain licences. In turn, this will enable them to take advantage of employment opportunities, to more easily access health care facilities off the lands, to access social, sporting and community events and, of course, I am confident that it will also save lives. I commend the bill to the house.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. T.J. STEPHENS: One of the points I did not mention in my second reading speech—and it is something I hope the minister and his department will take on board—is that one of my real concerns with the APY lands is the lack of community constables. I would love to see, with this measure we are going to implement today, that we bear in mind those younger people who show some interest in coming through the system whom we could encourage to become community constables and help with policing on the lands. I also think that that is an incredibly difficult point.

One of the things I am really attracted to with this bill is that so many good people have been ruled out in the past because they have been caught up in this treadmill of not having a licence but having to get around. If we could show consideration—almost some priority—to identify those young people who could head down that career path, have meaningful work on the lands and help us get better outcomes on the lands, I would really like your department and yourself to take that on board if possible.

The Hon. I.K. HUNTER: The Hon. Mr Stephens makes some very good points and I would have to heartily concur with him. I think this opens up the opportunity for some of those success stories that have been lacking in the past to happen. Having a driver's licence is fundamental to so many aspects of our lives, and it is no different on the lands. Not having a licence places so many impediments in front of young people, so I concur with the Hon. Mr Stephens' point of view.

Clause passed.

Clause 2 passed.

Clause 3.

The Hon. T.J. STEPHENS: I move:

Amendment No 1 [T Stephens–1]—

Page 2, after line 18 [inserted section 98AAG]—After subsection (1) insert:

(1a) In addition to any conditions imposed by the Minister under subsection (1), an exemption will be subject to a condition that the holder of the exemption must, in accordance with any directions of the Minister specified in the instrument or notice of exemption—

(a) undertake an intensive driver training course; and

(b) pass a test in driver competency,

approved by the Minister for the purposes of this section.

We consistently would prefer decisions taken by legislation as against regulation. I had discussions with the government's advisers, and I thank them for their time and effort in regard to that. They have certainly put their position. I still move the amendment standing in my name. I understand that the government is prepared to support part, but not the other part. I have diligently had discussions with my crossbench colleagues and understand where they are coming from. We are reasonably comfortable with what I suspect will be the outcome, so I have moved the amendment standing in my name and we will see where it goes from here.

The Hon. I.K. HUNTER: I must admit I am a little bit torn because my initial view was to oppose the amendments by the Hon. Mr Stephens, and I will go through why I think they should be opposed in a moment. I do understand the motivation behind the amendments, but my fear is that they will, in fact, put up roadblocks (forgive the pun) or blockages into the core intent of the bill, and that is my concern. I might think on my feet, while I am going through the process, as to whether I will move an amendment to Mr Stephens' amendment or ask the committee to oppose it outright.

The government opposes the amendment as it currently stands. The bill, as drafted, allows flexibility in its administration to adapt to the many different circumstances that might arise in the lands. The outcomes this bill seeks to achieve rely on it being constructed in partnership with Anangu in a way that is responsive to the challenges that present themselves in remote communities. The Hon. Mr Stephen's amendment does not allow the minister this flexibility. For example, the amendment mandates participation in an intensive driving course. This could potentially create problems. It would restrict the minister in assisting Anangu who may not be able to travel to an intensive driver training course for whatever reason, family or others, but also prevent experienced Anangu drivers—and I think that this is a more germane criticism—who have previously held a licence but who have since fallen out of the system to benefit from the exemption without the inconvenience and the expense of participating in a training course which for them is unnecessary.

Further, it would prevent the power being used to assist learner drivers who find it impossible to get 75 hours of driving experience but who do not need a course at this stage of the learning process because they must be accompanied by a qualified supervising driver who can provide direction. Requiring an intensive driver training course (and that is mandating it in the amendment of the Hon. Mr Stephens) does not allow the flexibility of delivering training in a more cost-effective way, for example, over a longer period of time.

Additionally, it is anticipated that the development of an intensive driver training course will take some time because it will be necessary to consult the Anangu about the structure and delivery of the course and to go through appropriate tendering and procurement processes to obtain a provider for the course. This will prevent the exemption panel being used immediately to assist Anangu people already identified as needing its assistance, and that is also a significant concern. As the Hon. Ms Franks said, this is taking too long to deliver. I fear that having to put together a mandated driver training course, with all of the difficulties that are involved up on the lands, and most of us know what they are, puts another impediment in the way of the success this bill is trying to achieve.

The other aspect of the amendment is a requirement for a driver benefiting from the exemption to pass a test in driver competency, and that is an unnecessary restriction on the operational flexibility required to deliver the intended benefits to Anangu on the lands. It would mean that, whatever the nature of the exemption, the driver would be required to sit a competency test. In the case of an exemption from the requirement for a learner driver to have 75 hours of driving experience with a qualified supervising driver, provided on the condition that the driver completed 35 hours, the learner driver would need to pass the existing driver competency test required to obtain a provisional licence. So, there is no purpose to be served in requiring the learner to sit an additional driver competency test only because they benefited from the exemption because they have already sat one. The Minister for Road Safety, who will be granting the exemptions, will ensure that they are subject to conditions that will ensure road safety for the driver and the wider community.

The difficulties of providing services in these remote areas and the variations in age, stage in the licensing system and driving experience of the Anangu people who might benefit from the exemption's power make it essential for the bill to retain maximum flexibility. As most of us know, to accomplish anything on the lands, you have to be incredibly flexible. Without this, it will be less effective, I fear, in providing the anticipated benefits of increasing the number of licensed drivers on the lands and the flow-on of increased access to employment and health and other facilities that we spoke about during the second reading stage. I have only just made up my mind now, but I think that for those reasons I will ask the committee to oppose the amendment by the Hon. Mr Stephens. I think that it does constrain the impact and the effect of the bill in too serious a way.

The Hon. T.J. STEPHENS: Thank you for that explanation, minister. This is going to be a work in progress. I think that there is a terrific amount of goodwill in this chamber, in particular, to try to make this work. I have moved my amendment, and I stand by it, but this is going to be a work in progress.

Regardless of the outcome of the next election, I am hoping that we have a minister for Aboriginal affairs and a minister for road safety who are genuinely prepared to give this a go. We may well be back in this chamber talking about the need to tweak this but, again, if we tried to get everything exact and perfect with this bill, we would never progress. You could find many, many reasons to be conservative and to take a very careful approach, and this is pretty bold. I accept the minister's argument; I do not necessarily agree with. I know that we are going to monitor this and work constructively together as a group to try to get a really good outcome.

The Hon. T.A. FRANKS: I rise on behalf of the Greens to indicate that we are not attracted to the opposition's amendment. I imagine it is a well-intentioned amendment, but I fear it is one of those one size fits all approaches, which is, indeed, the barrier in the first place here. It may well work in regional South Australia to impose these particular conditions, but I can already see that the requirements are just not viable in remote areas, and what we are talking about are the most remote parts of our state here, with the APY and the Maralinga Tjarutja lands. For those reasons, we will not be supporting the opposition's amendment.

Amendment negatived; clause passed.

Title passed.

Bill reported without amendment.

Third Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (11:26): I move:

That this bill be now read a third time.

I again thank all honourable members. I thank the Greens Party, Dignity for Disability and the Liberals for working with us in a multipartisan way to get a bill which I think will have a very real impact on the lives of people on the lands.

Bill read a third time and passed.

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