Hansard debates

Mr NOONAN (Minister for Police) — I move:

That this bill be now read a second time.

Speech as follows incorporated into Hansard under sessional orders:

Victorians driving under the influence of drugs is a key cause of road trauma. It is becoming increasingly important to find new ways to try to deter and detect drivers who persist in driving while under the influence of illegal substances. This government is working hard to reduce the effect of illegal drugs on our community. The Ice Action Plan was released in March 2015, and includes a commitment of $45.5 million in new investment, focusing on priority initiatives to reduce the supply, demand and harm of the drug ice.

The funding will include greater resources for Victoria Police to take drug-affected drivers off our roads. This bill will also provide Victoria Police with the means to gather evidence necessary to hold those drivers involved in serious vehicle accidents while under the influence of drugs properly accountable for their actions.

For people like the families of the couple involved in the tragic crash in Docklands in early 2014, it is clear that there is a loophole that needs to be closed in order to give the courts and police greater powers in dealing with drivers with drugs in their system when involved in serious motor vehicle accidents. In February 2014, a passenger was killed and her partner seriously injured when their car was hit by the driver of a ute that ran a red light in Docklands. A swab sample was taken from the driver, which was positive for ice and amphetamines; however, he refused to provide a blood sample. The current legislation did not allow the driver to be compelled to take a drug test and, as he was not injured himself, he was not admitted to hospital, where a mandatory blood sample would have been taken. A blood test would have provided evidence of the quantity of drugs in his system. Police discovered 50 grams of ice in the driver's vehicle; however, there was no evidence available to show that drug use contributed to his driving at the time. The driver was therefore convicted of dangerous driving causing death, whereas if a blood test had been available to support the contention that he was under the influence of drugs, he would have been charged with culpable driving causing death, which has a maximum penalty of 20 years imprisonment. If released on parole, that driver may be back on the streets in 20 months.

The bill will allow police to request a blood sample from persons in charge of motor vehicles that have been involved in an accident causing serious injury or fatality. Police need to be able to make this request to obtain evidence of drug impairment or influence, so they can hold people properly accountable for their actions on our roads. The proposed amendment will also provide evidence to establish a driver was not drug affected when involved in a collision, proving that they had only prescription medicine in their system, or recommended amounts of over-the-counter pharmaceuticals. This can be an important issue in some investigations and will assist the police and the courts to make the best decision about which charges are appropriate to be laid against the offender. Victoria Police will be closely monitoring the amendment to ensure its effectiveness.

As further advances in technology are created, allowing for new and better ways of drug testing, with greater accuracy of drug levels and impairment caused to people, further amendments may be made to this legislation to ensure the intent of stopping people from driving while impaired by drugs is preserved.

In addition to the $15 million provided in the 2015–16 state budget for new booze and drug buses, the Transport Accident Commission has committed a further $2.7 million for further drug testing.

The bill will also make amendments to the hoon driving regime. A primary focus of road policing is to reduce fatal collisions and trauma. The economic, social, and environmental cost of road trauma to the community is enormous. Hoon activities are a major contributor to road trauma, as they are intentional high-risk driving activities. The risk of death and serious injury is significantly increased by this dangerous driving, and innocent spectators or bystanders are placed at risk. The sanctions must be effective and severe to deter these dangerous drivers and to protect the community.

The bill will assist Victoria Police by ensuring that the impoundment regime is able to function as intended where an offence is detected by a road safety camera. This will assist in deterring high-risk, antisocial and irresponsible 'hoon' driving behaviour, when captured on a road safety camera.

The bill will also allow Victoria Police to recoup costs from immobilisation and impoundment by amending the definition of 'designated costs' in accordance with Treasury guidelines.

An important aspect of the hoon driving regime is discouraging recidivist offenders. If a person is convicted of a second offence under the scheme, it may result in up to three months vehicle impoundment or immobilisation and a third offence may result in forfeiture of the vehicle. The bill provides clear direction as to when the courts should not consider exceptional hardship as grounds for declining to make an impoundment, immobilisation or forfeiture order — for example, when a driver is suspended or disqualified from driving, and persists in driving so dangerously as to be convicted of an offence under the hoon driving scheme. It is appropriate that those people who have shown that they are a serious risk to our community if allowed on the roads be sanctioned in such a way.

I commend the bill to the house.

Debate adjourned on motion of Mr CLARK (Box Hill).

Debate adjourned until Wednesday, 8 July.