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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-02-20 Daily Xml
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Answers to Questions

Driving Offences

In reply to the Hon. J.M.A. LENSINK ().30 November 2023).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I am advised:

The motor vehicle accident in question occurred on 7 March 2023. I understand that the driver pled guilty on 28 September 2023 to aggravated driving without due care cause death pursuant to section 45 of the Road Traffic Act 1961. In November 2023, the driver was sentenced in the Magistrates Court to imprisonment for three months, suspended upon entering a bond to be of good behaviour for 12 months. Taking into account the seven-month licence disqualification that had already been served, the driver was disqualified from driving for a further two months.

The maximum penalty for a first offence of driving while disqualified under section 91(5a) of the Motor Vehicles Act 1959 is 12 months imprisonment. For subsequent offences the maximum penalty is three years imprisonment. South Australia currently has the highest maximum penalty of all states and territories for a subsequent offence of driving while disqualified.

The conduct which occurred in March 2023 would now fall within section 19ABA of the Criminal Law Consolidation Act 1935. The offence of causing death or serious harm by careless driving under section 19ABA was inserted by the Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023 and came into operation on 1 January 2024. Under this provision, a basic offence of causing death or serious harm by careless driving carries a maximum penalty of five years imprisonment and a mandatory minimum licence disqualification of one year. For an aggravated offence, which includes committed the offence while disqualified from driving, the maximum penalty is now seven years imprisonment and a mandatory minimum licence disqualification of three years.

In addition to the increase in penalty, the mandatory licence disqualification under section 19ABA of the Criminal Law Consolidation Act 1935 operates to cancel any driver's licence held by the convicted person. This is not the case for an offence under section 45 of the Road Traffic Act 1961.

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