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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-11-14 Daily Xml
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Driving Offences

The Hon. H.M. GIROLAMO (15:03): I seek leave to make a brief explanation before asking a question of the Attorney-General regarding licensing laws.

Leave granted.

The Hon. H.M. GIROLAMO: On Monday, Mr Christopher Bennett was charged with aggravated driving without due care, and driving disqualified, due to an accident that killed Mr Brad Thompson, a husband and father of two, who passed away in front of family members at the scene of the crash last Sunday.

Mr Bennett, who has since been bailed under supervision, had previously had his licence disqualified at least 11 times prior to this incident, despite being only 29 years old. It is understood Mr Bennett had been disqualified from driving just eight days before this fatal accident occurred. My question to the Attorney-General is: will the Attorney-General review South Australia's current legislation to ensure drivers with a history of repeatedly losing their licence are not permitted on our roads prematurely or without due prudence to the safety of our community?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:04): I thank the honourable member for her question. I think we all see reports like this and are quite frankly dismayed and horrified at what we see and the stupidity of some people. I have asked for advice in relation to this particular case. As the honourable member said, media reports indicate that the person had been disqualified 11 times previously and was, as I understand it and as the member has outlined, currently under a disqualification.

This person is therefore not allowed to be driving on our roads but chose to break the law and to do that. I absolutely will be looking at whether there is anything further that can or should be done. As I said, I have asked for a report and some advice on this matter. I am advised, though, that the Supreme Court has provided guidance in Police v Cadd that imprisonment should be imposed as the ordinary case for wilfully disobedient driving while disqualified even by a first-time offender, but the circumstances of the offending or the offender or both may dictate some less severe form of punishment.

This is something that we as a parliament have decided is a very serious offence. It is something that the Supreme Court in their guidance have said is a very serious offence, but I will be getting some more advice about this particular matter.

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