Page 1344 - Week 05 - Tuesday, 9 April 2013
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sanctions for a period of time following a conviction or a finding of guilt. These offences include culpable driving of a motor vehicle; burnouts and other prohibited conduct; negligent driving; furious, reckless or dangerous driving; and menacing driving. The minimum periods of licence disqualification for these offences are specified in the relevant provisions. They range from one month for certain low-range first-time drink-driving offences to six months for a first-time culpable driving offence.
This bill focuses on one particular offence, driving while a person’s driver licence is suspended under section 32(2). The minimum length of the automatic disqualification for this offence, either 12 or 24 months, has created difficulties. This is because section 32 is a one-size-fits-all approach. It does not have regard to the original reason the person’s driver licence was suspended. Whether the original suspension was due to non-payment of a penalty, incurring too many demerit points or for other reasons, the court must always impose at least a 12-month disqualification period. There is no discretion.
When you compare this to the disqualification periods that apply in relation to other offences under the road transport legislation, the minimum 12-month disqualification period for driving while a person’s licence is suspended is clearly out of step. The changes in this bill make the length of the disqualification period more flexible and more appropriate to the circumstances of the offence.
The automatic disqualification period for people whose original driver licence suspension arose from the non-payment of traffic or parking penalties has been amended to one month for a first or a repeat offender. For people whose original licence suspension occurred because they incurred excessive demerit points, the new minimum period is three months. Driving while suspended in relation to any other offence now carries a minimum disqualification of three months for a first offender and 12 months for a repeat offender. These changes bring the disqualification period for driving while suspended back into step with the periods for other offences under the road transport legislation, while still being a meaningful penalty that maintains a deterrent effect.
It is hoped that the range of options that will now be available to assist people to pay or discharge their traffic and parking infringement penalties and also address these issues around the appropriate level of the disqualification period will provide for a fairer system under our road transport system. I thank members for their support of this bill.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Sitting suspended from 12.01 to 2.30 pm.
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