Page 498 - Week 02 - Wednesday, 23 March 2022
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In another hearing, in estimates in October 2021, Mr Drumgold, the Director of Public Prosecutions, explained the human rights implications of using on-the-spot traffic infringement notices versus court prosecution offences in the traffic and road safety context. Mr Drumgold said:
If a matter proceeds by way of infringement notice rather than by way of summons, the person has a right to pay it there and then. There are all sorts of ongoing benefits of that. You do not have to take a day off work and sit in a court list and wait for your name to be called, appear and probably adjourn it. You do not need a lawyer … If a matter proceeds by way of infringement notice rather than by way of summons, the person has the right to pay it there and then. That means there are all sorts of ongoing benefits with that … particularly in traffic matters, because of the volume of them, they work quite well with the option of traffic infringement notice.
I have chosen to set a $900 fine, based on committee evidence that we received. Community concern reflected that we need a higher fine when someone is harmed than when someone is not harmed. Evidence showed that fines over $1,200 may lead to more court challenges, so I have picked a fine of $900 as a really good balance.
When it comes to active travel, laws are only one small part of the picture. I welcome the transport minister’s statement, tabled earlier today, and his statement just now, about our road safety campaign. We are really looking forward to that. I am glad to see the link between climate action and properly resourced active travel being made so strongly. I am really pleased to see that we are building safe infrastructure.
The ACT Greens took a commitment on that to the election. We called for at least 20 per cent of the roads budget to be spent on footpaths and shared paths. It is great to see commitments to this coming through. I also welcome the minister’s deep understanding of the need to protect vulnerable road users. That has been echoed by everyone who has spoken in here today. It is good to see.
I am also pleased that the Assembly has worked together to consider this legislation and this amendment. I particularly thank my colleague Mr Parton, who is also a member of the committee that looked into this issue in depth. He has been working in transport and active transport for a long time and he has considered this issue deeply, as have the Canberra Liberals. We had really good and constructive negotiations with the minister on this. It has been a great example of the benefits of democracy. Bringing different perspectives to a difficult issue can result in a better outcome for the people of Canberra, and I am proud to be part of a truly democratic moment in doing that.
The ACT Greens are happy to support the government bill, their amendments to it and my two amendments to the government bill.
MR STEEL (Murrumbidgee—Minister for Skills, Minister for Transport and City Services and Special Minister of State) (12.00): The government’s bill introduces a new offence of negligent driving occasioning actual bodily harm, with a maximum penalty of 50 penalty units, six months imprisonment, or both. The infringement notice is not considered appropriate for this offence, due to the significant harms that
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