Page 429 - Week 03 - Tuesday, 13 March 2007
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alcohol consumption, or immature behaviour by unlicensed people who are too young or whatever.
Often there are extenuating circumstances behind these kinds of tragic events and I hope that the law always takes them into account. I note that while the maximum sentence for something approximating this offence is 10 years in New South Wales and Victoria, it is one year in Queensland and Western Australia, two years in Tasmania and five years in South Australia. In that context, raising the ACT maximum sentence from six months to two years without an overlay of minimum sentences is probably a fairly reasonable response. I support this amendment bill.
MR GENTLEMAN (Brindabella) (11.13): I also support the Road Transport (Safety and Traffic Management) Amendment Bill 2006 (No 2) which will amend the Road Transport (Safety and Traffic Management) Act 1999 by increasing the penalty for the offence committed where a driver of a vehicle which is involved in an accident causing death or injury fails to stop and render assistance. The purpose of having this offence on the statute book is to reinforce the need for motorists to remain at the scene of an accident which has resulted in someone being killed or hurt, be it another driver or a pedestrian.
We all feel saddened whenever we hear on the news of a serious car accident which has resulted in someone’s death or serious injury. However, when we hear that the driver of a vehicle involved in such an accident has failed to stop the reaction of most of us is anger and disbelief that anyone, realising that he or she may have injured someone in an accident, would simply drive off without even stopping to see whether he or she can help. As members may be aware, I have been involved in the transport industry for many years as a delegate and organiser in the Transport Workers Union. I have taken many late night calls from long distance drivers struggling to stay alert on their long journeys.
I have also seen the carnage associated with vehicle accidents resulting in death. I have also been involved in lobbying legislators on driving times for long distance drivers and local heavy vehicle provisions in the ACT. I am sure all members are aware of how our ambulance officers, police and those people who are first on the scene of such accidents would like us to legislate on this occasion. There is no question that a person who is driving a vehicle which is involved in an accident resulting in death or injury has a moral as well as a legal obligation to stop and, where that person is able, to give assistance to any injured person, even if all that involves is ringing 000 for an ambulance and providing some comfort and reassurance to the injured persons that professional help is on its way.
Failure of a person involved in an accident to stop and assist in this way should be treated as a very serious offence and a suitable penalty must be available to the court to deal with those guilty of this behaviour. In other parts of Australia the penalties for this type of offence have been examined and this has shown that the ACT penalty is currently considerably lower than the penalties elsewhere. In the ACT the maximum penalty is a fine of 50 penalty units or six months in prison, or both, and this same level of penalty applies to many regulatory breaches in various ACT laws. It is not an adequate penalty for an offence as serious as a hit and run.
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