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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-10-31 Daily Xml
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Drug Driving

The Hon. D.G.E. HOOD (14:52): I seek leave to make a brief explanation before asking the minister representing the Minister for Police questions about drug driving in South Australia.

Leave granted.

The Hon. D.G.E. HOOD: On average we see 107 people a week detected for drug driving, or in other words approximately 5,564 drivers per year who choose to get behind the wheel in South Australia whilst under the influence of illicit drugs. The Advertiser ran a story yesterday that members would no doubt have seen stating that, of those 5,564 detected drug drivers, some 608 drivers had been caught for a second or third subsequent drug-driving offence over a five-year period.

On average in the last five years 24 per cent of drivers and riders killed on South Australian roads are under the influence of cannabis, methamphetamine or ecstasy. This statistic does not account for those who are under the influence of other mind-altering drugs that affect driving capacity but are as yet unable to be detected.

Whilst drivers who lose their licences after committing two drug-driving offences are required to pass a dependency test before they are allowed behind the wheel again, to try to determine whether they are fit to hold a driver's licence, these repeat drug-offending statistics suggest that the current testing system is deficient.

Whilst the government is in the process of changing the drug-driving laws, which is supported by our party, it is certainly a case where more work needs to be done and more quickly, given the repeat offenders I have mentioned. This has been an ongoing problem in South Australia, as is the underlying issue of increasing drug dependence as well. According to the DPTI website, a first time drug-driving offender will receive an on-the-spot fine and four demerit points, and only if the matter goes to the court does a loss of licence become considered. Given the seriousness of drug-driving offences and the prevalence of it that I have just outlined, anything less than a suspension of licence in our view is insufficient. My questions to the minister are:

1. What is the rationale for only penalising a first-time drug-driving offence with an on- the-spot fine and four demerit points?

2. Would the government support an automatic loss of licence for at least five years for offenders detected drug driving for a third time?

3. How difficult or inconvenient is it for someone to get their licence back, post detection in particular, for repeat offenders?

The Hon. P. MALINAUSKAS (Minister for Health, Minister for Mental Health and Substance Abuse) (14:55): Let me thank the honourable member for his question. I think it is also probably appropriate that the government acknowledge the constructive and cooperative work that it has been able to undertake with Family First in regard to the development of the drug-driving bill. It is a credit to, sorry, the Australian Conservatives that they have been willing to work with the government on a piece of legislation that we believe will make a difference when it comes to addressing the challenge that is repeat drug driving in the community.

The government, it is fair to say, has been somewhat shocked up until this point at some of the positions that those members opposite have had in respect of that piece of legislation, not least of which, of course, the idea the government believes should be endorsed to provide that police officers who conduct a roadside drug test that delivers a positive result should have the capacity to search a driver's vehicle on the basis of that positive drug test.

It is somewhat extraordinary that the Liberal Party has opposed that position. I have been shocked a couple of times since I have been lucky enough to be a member of this place, but the day that the Liberal Party opposed the Australian Conservatives' effort to see to it that police officers have the power to be able to search a car after a positive drug test has been delivered is somewhat remarkable. In answer to the honourable member's question, I take it on notice so that the responsible minister in the other place can reply accordingly, but needless to say, the government's position with respect to repeat drug driving is largely reflected in the bill before the parliament.

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