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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-11-30 Daily Xml
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Driving Offences

The Hon. J.M.A. LENSINK (14:55): I seek leave to make an explanation before directing a question to the Attorney-General on vehicle licensing law.

Leave granted.

The Hon. J.M.A. LENSINK: On 9 November, it was reported in The Advertiser that a man who had been previously convicted of aggravated driving without due care, causing the death of someone earlier this year, has now received his licence back just a few weeks ago.

On 7 March, 74-year-old Kadina man Mr Graham Hewett was killed in a car crash after Daniel Johannes van Sittert failed to give way to him. Graham's son, Andrew Hewett, has said that he was 'horrified' to hear that van Sittert got his licence back a few weeks ago, and was quoted as follows:

I didn't realise someone who causes death or serious injury were allowed to be given their licence back without any checks…

He had caused the death of my father, Graham, yet he didn't need to resit for his licence or be medically checked if he was capable of driving.

He further goes on to say, 'The law is wrong and needs to be addressed.' My questions to the Attorney are:

1. Is the Attorney familiar with this particular case and the circumstances of it?

2. As part of that, has the government considered introducing any harm minimisation assessment or risk assessment which considers public safety in response to risky drivers and their licences?

3. Would the government consider any legal changes in relation to this to ensure, particularly given the horrendous road toll that we have had so far, that poor drivers who aren't fit to be driving will be prevented from causing harm once they have been convicted?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:57): I thank the honourable member for her question. I can remember reading the reports the honourable member referred to. I am not sure what detailed briefing has been provided. I don't think I have seen a detailed briefing on the circumstances in relation to that matter.

We do take matters of road safety, and those who cause harm on the road to others, very seriously. That is why we saw, during the course of this year, new legislation passed to combat such dangerous and selfish behaviour on our roads. New laws that passed this parliament come into effect on 1 January and create a new offence of causing death or serious harm by careless use of a vehicle or vessel.

This new offence lifts available penalties from a maximum of 12 months to five years' imprisonment for a basic offence and seven years for aggravated. The minimum licence disqualification under these new laws will be periods that have been increased from six months to one year for basic and three years for aggravated. Notably, these are only the mandatory minimum starting points for licence disqualification according to this new offence.

I thank the honourable member for her question. Yes, we are acutely aware of the distress and harm that is caused by those who don't have regard for others' safety when they do these sorts of things on our roads.

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