Page 497 - Week 02 - Wednesday, 23 March 2022
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laws readily and easily enforced. A $900 on-the-spot fine and three demerit points is suitable for negligent driving where the victim has suffered, cuts, bruises or a sprained ankle. It is a quick and effective deterrent. A major court enforcement action with a maximum sentence of six months imprisonment is not proportionate. We do not want to fill up our prisons unnecessarily. We do not want to clog up our courts. We do not want to overburden our police resources. Fines work, and we should use them where appropriate.
Until this debate began, we had no offence to cover negligent driving that caused actual harm. My original bill and the government bill before us today fill this gap. I welcome the legislation brought forward by the transport minister. But I am concerned that, without my amendment, the government bill may not be enforced. It needs a straightforward and immediate traffic infringement notice to prevent unsafe driving.
This is a really considered amendment. I have spoken to the Attorney-General about this and he supports this amendment. I have spoken to Pedal Power and the Australian Federal Police Association, several other stakeholders and many vulnerable road users, all of whom are in support.
Last year our planning, transport and city services committee conducted an inquiry into this topic. We heard from many witnesses about why we needed fines. Cyclists and road users Mr Budd, Mr Watson and Mr Ibbotson made the point well. They said that in their working life they know how difficult it is to get matters through the court system and that “there are a whole constellation of stars that would have to align for a successful prosecution”.
Mr Ross, Chief Executive Officer of Pedal Power ACT, said:
My understanding is that there is substantial research that supports the argument that if a penalty is swift and significant it will create behaviour change. Ultimately, what we want to do is to create behaviour change on our roads. We want people to take greater care. I think the answer to both of those things is that we want a swift and significant penalty to follow.
Mr Caruana, president of the Australian Federal Police Association, said:
The ability for the police officer to make a decision on the spot to give a TIN—
that is, a traffic infringement notice—
will free up the courts. We definitely see that that is an important factor to have … If someone wishes to appeal that TIN, there is a process already in place to do that. They can have their day in court; they can explain their circumstances. On the other side of it, if someone says, ‘Yes, I am at fault. I caused this issue. I will pay the fine; I will pay the TIN. I will lose my demerit points, but I will get on with my life so that I do not have to go back to court for mentions and hearings,’ it is a little less work for the courts. We are very supportive of anything which can be done on the ground by members as an immediate penalty.
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