Page 5727 - Week 13 - Thursday, 18 November 2010
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probationary licence where a person who is disqualified for a period of time is not able to enrol in an alcohol awareness course despite making a legitimate attempt to do so and has indicated in writing that the person is enrolled and will attend a subsequent alcohol awareness course.
This amendment would require the Road Transport Authority to issue a probationary licence when an individual provides written evidence that the person has made a genuine attempt to enrol in a course during the disqualification period, was unable to due to reasonable circumstances and has enrolled in the next available course. If upon the date the course should have been completed the individual has not completed the course, the probationary licence would be suspended until such a time as the person completes an alcohol awareness course.
The ACT Greens are concerned that capacity issues may constrain the ability of approved providers to conduct courses in a timely fashion for people who have been disqualified. We were briefed yesterday that under the bill as it stands, if a person were genuinely prevented from enrolling, the person could be considered as experiencing exceptional circumstances for the purposes of the exemption clause. However, in this circumstance the exemption clause would then mean the individual would have no incentive to attend the course as the person would be exempt from those requirements.
This amendment ensures that a person who commits a drink-driving offence will attend an alcohol awareness course prior to obtaining a permanent licence. I do appreciate also the feedback we have received on this amendment from the Chief Minister’s office.
MR STANHOPE (Ginninderra—Chief Minister, Minister for Transport, Minister for Territory and Municipal Services, Minister for Business and Economic Development, Minister for Land and Property Services, Minister for Aboriginal and Torres Strait Islander Affairs and Minister for the Arts and Heritage) (5.00): The government will support the amendment. We do not oppose it, though, I think as has been explained, the government do not believe the amendment is necessary. We do not believe it will be an issue but we have no objection to it being included, without necessarily agreeing that it is warranted or will be required.
There is one issue which I think may also have been drawn to Ms Bresnan’s attention. There is some concern in the department that the provision for the suspension of a licence does not require that notice be given of the suspension. And there is a view that perhaps that is something we might wish to reflect on and provide an appropriate notice provision on. But at this stage I foreshadow that but indicate the government will not be opposing, will indeed support, the amendment.
To the extent that it does provide that the Road Transport Authority suspend a person’s licence, the authority does not have to provide the person with written evidence of the person’s suspension. In all other instances where a licence is suspended under this legislation as it currently exists, notice of that suspension is given. That is not included in this particular amendment and it may be that we will want to reflect on that.
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