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23 Aug 2005 Transport Legislation Amendment Bill 2581 TransLink service contracts The Bill also corrects minor errors in provisions relating to public passenger services in the TransLink area. Consequential Amendments There will also be consequential amendments to the Transport Operations (Passenger Transport) Act 1994 and the Transport Planning and Coordination Act 1994 to update references made to the "Commissioner for Children and Young People and Child Guardian" following the changes made to that position’s name through the Child Safety Legislation Amendment Act 2004. Transport Operations (Road Use Management) Act 1995 The Bill also amends the Transport Operations (Road Use Management) Act 1995 which promotes the safe and efficient use of roads. Some of those amendments are merely clarifications of existing provisions or technical amendments while others are more significant. In relation to the first category—that is, the clarifications and technical amendments—the Bill will insert a reference to the appropriate Australian Standard that applies when a police officer is using a laser-based speed detection device. It also inserts the appropriate Australian Standard that applies to the testing of a radar speed detection device. The Bill lengthens, to 6 months, the period during which a testing certificate for a stop watch, speedometer or vehicle speedometer accuracy indicator can be presented to a court as evidence of the accuracy of that device. The Queensland Police Service uses these devices in the detection of speeding offences and the current testing requirements are tying up valuable police resources unnecessarily. The new 6-month interval is based on the intervals recommended by the National Association of Testing Authorities and will ensure these devices remain accurate. The Bill will insert new definitions of "bicycle" and "wheeled recreational device" into the Act. In line with Queensland’s commitment to nationally uniform road rules, these definitions are taken from the national model legislation, the Australian Road Rules. Finally, the Bill will clarify that offences for unlawfully tampering with identifying numbers on a motor vehicle include tampering with a vehicle identification number or "VIN". In recognition of the importance of reducing vehicle theft and the re-birthing of written-off vehicles, the current maximum penalty of $3,000 or six months imprisonment for this offence is being increased to $7,500 or one year imprisonment. I will now talk to the more significant changes: Driver offences and appeals against licence suspensions There are a number of amendments aimed at changing driver behaviour to improve road safety. We are constantly reminded of the dangers associated with speeding. However, excessive speed remains a major contributing circumstance in approximately 17 percent of fatal crashes each year in Queensland. Speeding also contributes to numerous crashes involving serious injury and increases the severity of crashes. Speed related crashes place a high cost on the Queensland community through hospital and health care costs, lost productivity in the workplace and the use of emergency services. It is essential that the penalties relating to speeding offences are consistent and send a clear message to the Queensland community that speeding is a dangerous driving behaviour. A review of infringement and administrative penalties for speeding was conducted in 2003. This review saw the introduction of harsher penalties for this dangerous practice. However, wide variations in sanctions imposed by courts for these offences have lead to another examination of the issue. The Act currently provides for a six-month suspension of a driver licence where a person is caught driving at more than 40km/hour over the speed limit. Typically, the person will receive an infringement notice and the suspension will automatically be imposed. The matter may, however, proceed to court if the person elects a court hearing or if the intercepting officer believes that the circumstances warrant a Notice to Appear in court rather than an infringement notice—for example, if the speeding offence is combined with other offences. Where matters do proceed to court, Magistrates can, and regularly do, exercise their discretion to order shorter disqualification periods. To bring about greater consistency in the penalties for these high speed offences, the Act will be amended to clarify that when a court elects to impose a disqualification for a speeding offence of driving more than 40km/hr over the speed limit, this must be for a period of at least 6 months. A court will still have discretion to impose a longer period if it believes that is appropriate but it is important that the sentences handed down reflect the seriousness of these offences. While everybody is familiar with on-road enforcement of speeding by way of radars and speed cameras, there is another dangerous behaviour occurring in the community which can potentially have much more serious ramifications. I am referring to racing and speed trials on roads, or more commonly known as drag racing. These are inherently dangerous activities, often involving vehicles travelling at high speed. This dangerous practice has received much media attention in the last 12-18 months and appears to be on the rise. Some of the media in recent times has highlighted the inconsistencies in penalties handed down by the courts for these offences. Given the dangers of this offence, a similar penalty to that imposed on drivers doing more than 40km/h over the speed limit is warranted. The Bill will therefore introduce a minimum six-month disqualification period for those convicted of conducting or participating in racing or speed trials on roads. Again, a court will have discretion to impose a longer period if it believes that is appropriate. Other amendments within the Bill relate to administrative driver licence suspensions. Administrative licence suspensions are automatically imposed following the accumulation of excessive demerit points or a conviction for a high speed offence. The purpose of licence suspensions is to encourage individuals to take more responsibility for their driving behaviour and act as a specific deterrent to road safety offences. Research shows that licence suspensions are generally regarded as the most effective form of legal sanction for repeat offenders and an effective deterrent to illegal driving behaviour. Such suspensions are applied following the accumulation of demerit points or a conviction for the offence of speeding more than 40km/hr over the speed limit. Currently a person may appeal to a court on the grounds of extreme hardship to keep a licence that would otherwise be suspended. If they are successful they have their full driving privileges returned without any limitations or conditions imposed. The process is in direct contrast to that which applies for drink driving offences where a person may be eligible to apply for a restricted or work licence. Such a licence has strict limitations imposed upon its use. Approximately 80% of appeals against administrative licence suspensions are successful resulting in no significant deterrent being imposed. This is a disturbing statistic as well as a clear sign that the current process is not working. Drivers who
2582 Housing Legislation Amendment Bill 23 Aug 2005 successfully appeal a suspension are unlikely to have learnt from the experience and modified their driving behaviour. This is evidenced through the statistics which also show a number of drivers appealing suspensions on several occasions within a few years. Clearly, these people are recidivist offenders and are not changing their driving behaviours as they see no serious consequences from their actions. It is apparent that the current appeals process does not reflect the necessary road safety benefits associated with licence suspensions. Therefore, this Bill introduces a new scheme for appeals against driver licence suspensions. This new scheme will be known as special hardship orders. These orders will only be granted by courts where the person or their dependants would suffer extreme hardship if that person was unable to drive at all. These orders will be available where, for example, the person needs their licence for work activities. It would also be available in other special circumstances—for example, where a person needs their licence to drive an invalid relative to receive medical treatment. This should not be seen as an extension of an ability to drive after a traffic conviction—in fact, it is a significant tightening up of the current appeal process. The court will also consider other factors such as a person’s traffic history when deciding to grant an order. If the court grants the order they will have the discretion to impose conditions on the person’s licence such as only allowing them to drive on certain days, in specific areas or at particular times. It is imperative that we encourage individuals and the Queensland community to take more responsibility for their driving behaviour. Tightening up this appeals process will continue to provide an avenue of appeal for those people with a genuine need, but it will also send a clear message to the community that those who abuse the privilege of holding a driver licence and who put lives in danger will be dealt with appropriately. Recording marine licence information on driver licence A new head of power is being inserted which will allow for information to be recorded on a motor vehicle driver licence, which does not relate to the driver licence. This power will initially be used to record information relating to licences granted under marine safety legislation. This will make it easier for the holder of a marine licence to demonstrate to others that they hold that licence. For example, if a person goes to a boat hire company wanting to hire a motorboat, the hire company will want to quickly establish that the person holds the appropriate licence. Under these amendments, once the appropriate regulations have been put in place, the person will simply need to present their driver licence. Crossing supervisors Mr Speaker, there are approximately 1700 Queenslanders employed as child crossing supervisors to help our children safely cross busy and dangerous roads. The current legislative provisions dealing with crossing supervisors need to reviewed and updated to ensure that appropriate arrangements are in place to regulate this valuable scheme. In particular, the legislation needs to provide guidance on who is appropriate to act as a crossing supervisor. It needs to clearly set out the procedures to be followed when responding to a person who has applied to become a crossing supervisor. It needs to ensure that, where necessary, the appropriate disciplinary action can be taken against a crossing supervisor. And it needs to ensure that crossing supervisors are afforded procedural fairness at all times. In any situation where the safety of our children is entrusted to adults, we need to ensure that there are appropriate safeguards in place. This Bill inserts those safeguards by adopting a new legislative scheme for crossing supervisors. As a result of this new scheme the Bill also makes a minor consequential change to the Commission for Children and Young People and Child Guardian Act 2000. Transport (South Bank Corporation Area Land) Act 1999 There will also be an amendment to the Transport (South Bank Corporation Area Land) Act 1999. Land surveys of the South East Busway are now finalised. These provisions will clarify the exact boundaries of land to be excluded from the South Bank Corporation area. These amendments also enable the registration of the plans of subdivision and issue of certificates of title for other land required by the State for the busway. Minor and consequential amendments There are also minor amendments to the South Bank Corporation Act 1989 and the Integrated Planning Act 1997. I commend the Bill to the House. Debate, on motion of Mr Messenger, adjourned. HOUSING LEGISLATION AMENDMENT BILL First Reading Hon. RE SCHWARTEN (Rockhampton—ALP) (Minister for Public Works, Housing and Racing) (12.51 pm): I present a bill for an act to amend the Housing Act 2003 and the Housing (Freeholding of Land) Act 1957. I present the explanatory notes, and I move— That the bill be now read a first time. Motion agreed to. Second Reading Hon. RE SCHWARTEN (Rockhampton—ALP) (Minister for Public Works, Housing and Racing) (12.51 pm): I move— That the bill be now read a second time. Honourable members will recall I introduced to this House in May 2003 a bill for new housing legislation for Queensland. The commencement of the Housing Act 2003 on 1 January 2004 has resulted in a more contemporary and flexible system for the administration of the state’s housing programs. Today I am pleased to introduce the Housing Legislation Amendment Bill 2005. This bill amends the Housing Act 2003 and the Housing (Freeholding of Land) Act 1957 to provide for the accelerated divestment of residential perpetual town leases administered by the Department of Housing.
Page 1 and 2: PROOF ISSN 1322-0330 WEEKLY HANSARD
Page 3 and 4: Table of Contents — Tuesday, 23 A
Page 5 and 6: 2536 Papers 23 Aug 2005 PAPERS PAPE
Page 7 and 8: 2538 Ministerial Statement 23 Aug 2
Page 19 and 20: 2550 Scrutiny of Legislation Commit
Page 21 and 22: 2552 Private Members’ Statements
Page 23 and 24: 2554 Questions Without Notice 23 Au
Page 33 and 34: 2564 Members’ Ethics and Parliame
Page 35 and 36: 2566 Matters of Public Interest 23
Page 45 and 46: 2576 Constitutional and Other Legis
Page 47 and 48: 2578 Transport Legislation Amendmen
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Page 53 and 54: 2584 Education (Queensland College
Page 55 and 56: 2586 Succession Amendment Bill 23 A
Page 57 and 58: 2588 Succession Amendment Bill 23 A
Page 59 and 60: 2590 Queensland Competition Authori
Page 69 and 70: 2600 Racing Venues Development Amen
Page 81 and 82: 2612 Plumbing and Drainage and Othe
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2632 Child Safety Legislation Amend
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2642 Adjournment 23 Aug 2005 One pa
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2644 Adjournment 23 Aug 2005 years.
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2646 Adjournment 23 Aug 2005 Finall
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