Statutes Amendment (Serious Vehicle and Vessel Offences) Bill
Thursday 15 June 2023 and Thursday 6 July 2023
Ms CLANCY (Elder) (12:58): I rise today in support of the Statutes Amendment (Serious Vehicle and Vessel Offences) Bill 2022. This bill delivers another commitment our government made to the family of Sophia Naismith and the broader South Australian community in the wake of Sophia's tragic death. In 2019, Sophia and her friend Jordyn were walking along the footpath on Morphett Road, Glengowrie, near a popular local Chinese restaurant that I am sure a number of locals have gone to—I have—when they were hit by a high-powered sports car. Sophia was killed at the scene.
The news of this event shook all of us and left a family and community heartbroken. I think the greatest nightmare of any parent is the police turning up at your front door and giving you this news. Most of us can never comprehend the loss and pain that Sophia's family, her parents—sorry for my sniffling, Pia and Luke—her sisters and the rest of her relatives have felt since that night. While I wish we could build a time machine and stop this tragedy from ever happening, our government must do everything we can to make sure our children come home safe at the end of every day and night.
As if the pain and grief were not enough, Sophia's family were left feeling sickened and appalled at the suspended jail sentence handed to the driver who took their daughter's life. The driver of the vehicle proceeded to trial, where he was found not guilty of the offences of dangerous driving causing death. I seek leave to continue my remarks.
Leave granted; debate adjourned.
Sitting suspended from 13:00 to 14:00.
Adjourned debate on second reading.
(Continued from 15 June 2023.)
Ms CLANCY (Elder) (12:50): During the first minute of my speech previously, Sophia Naismith's parents were actually in the gallery. It was lovely to see them—Luke and Pia—as always, but it was also really challenging to speak about this incredibly difficult topic with them here. I just want to again pay a tribute to their incredible strength.
Picking up roughly where I left off, we understand the importance of our criminal justice system and the capacity for reform and growth of incarcerated people. We understand that an eye for an eye makes the world go blind, but we also understand that the suspended sentence handed down to Mr Campbell was grossly inadequate.
The need for legislative change, led by Sophia's parents and echoed right across our community, has been heard by this government. The Commissioner for Victims' Rights has strongly advocated for changes in line with community expectations on behalf of too many families who have endured similar tragedies, and whose loss was only exacerbated by the inadequacies of the available penalties.
The bill before us today will go a long way to addressing many of those inadequacies, including creating a new indictable offence of causing death or serious harm by careless use of a vehicle or vessel in the Criminal Law Consolidation Act 1935. This new mid-tier offence will increase the available penalties for where there is driving conduct causing death or serious harm, which does not meet the higher threshold of dangerous driving.
By creating a mid-tier indictable offence, we can provide a more appropriate penalty range for driving conduct linked to death or serious harm, which better reflects the expectations of South Australians. This new offence raises penalties for driving without due care, where a person dies or is seriously harmed, from 12 months' imprisonment to five years' imprisonment for a basic offence, or seven years' imprisonment for an aggravated offence. It also raises the minimum licence disqualification period from six months to one year for a basic offence, or to three years for an aggravated offence. An offence would be considered aggravated where the driver committed the offence in one of the following circumstances:
knowing they were disqualified from holding or obtaining a driver's licence;
driving with a prescribed blood alcohol level of .08 grams or more;
driving under the influence of alcohol or drugs;
driving knowing the vehicle had a material defect, and the material defect contributed to the commission of the offence; or
driving in contravention of section 44C of the Road Traffic Act 1961.
Material defects are those that affect the safe operation of the vehicle, such as neglecting tyre or vehicle maintenance. Section 44C of the Road Traffic Act relates to another new offence introduced in this bill. The new offence included in section 44C will prohibit the driving of an ultra high-powered vehicle where an automated intervention system has been disabled. Automated intervention systems include embedded safety systems, such as anti-lock braking, electronic stability control, traction control and automated emergency braking.
The inclusion of this offence in the bill as an aggravating factor for the new mid-tier offence will capture, among other conduct, a driver of an ultra high-powered vehicle driving in sports mode who causes death or serious harm. Putting an ultra high-powered vehicle in sports mode or similar makes the car more responsive to sensitive input, increasing the power and aggression of the engine. As the vehicle becomes more agile but less stable, the vehicle's tyres are more likely to lose traction and cause the driver to lose control.
My community, and I am sure communities right across South Australia, even the motoring enthusiasts among us—and I know there are many—would agree that driving such a motor vehicle in built-up or suburban areas is simply not appropriate and can lead to tragic and avoidable circumstances. A standalone offence of driving an ultra high-powered vehicle with a disabled automated intervention system will also now carry a maximum penalty of $5,000.
An ultra high-powered vehicle is defined as a motor vehicle of gross vehicle mass of 4.5 tonnes or less and a power ratio of 276 kilowatts per tonne or greater. This definition would capture powerful vehicles such as Bugattis, Ferraris and Lamborghinis without including vehicles such as buses or motorbikes.
This bill also extends the on-the-spot licence suspensions and disqualifications to other serious driving offences found in the Criminal Law Consolidation Act where death or harm is caused. Currently, immediate suspensions and disqualifications under the Criminal Law Consolidation Act only apply for the offence of extreme speed or dangerous driving causing death. Upon successful passage of this bill, in the future event that South Australia Police charge a person with the new mid-tier offence, the driver will also be issued with an on-the-spot licence suspension or disqualification to keep them off the road until the matter is finalised.
In delivering upon our commitments to Sophia's family and the people of this state, the Malinauskas Labor government is also introducing a new licensing scheme for ultra high-powered vehicles, which is being progressed separately to this bill, as it involves changes to regulations. This bill instead will amend the Motor Vehicles Act 1959 to support the introduction of this licence class through regulation. The amendment will ensure that a new class of licence for ultra high-powered vehicles can be implemented effectively as soon as it is ready.
In closing, I would truly like to thank Sophia's family, particularly her parents, Pia and Luke, for their fearless advocacy in the memory of their daughter. Your commitment to making South Australia a better place for tomorrow is impressive alone, let alone in the wake of the immense grief and loss you have gone through. Your work, in addition to the reform introduced to this place today, is part of Sophia's legacy. We need drivers in our state to think twice before they get behind the wheel in an unacceptable manner and put the lives of pedestrians and other road users needlessly at risk.
The most important legislation can often be the work people do not notice. I hope that families across our community will never experience the pain of Sophia's family and community and they will not even know these reforms have passed and potentially saved lives. I commend this bill to the house.
