Page 2432 - Week 11 - Thursday, 2 November 1989
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Holding a drivers licence is a privilege, as well as a responsibility, which the majority of motorists take quite seriously. In New South Wales there were changes recently, and, if the events there are any indication, the passing of that legislation had infringers who had not paid fines scrambling to the authorities and asking that their licences not be cancelled.
Mrs Nolan: They get reminder notices.
MR WOOD: Do they? Another aspect of the Bill allows allegedly infringing motorists to take the matter to court. That, of course, is most important. This will mean that the natural justice rights of persons receiving parking infringement notices will not be diminished. It should be obvious to us all that the introduction of licence and registration cancellation, as proposed in this Bill, will prove more equitable, as well as a more effective deterrent to all motorists, regardless of their income. This Bill is in full accordance with the Government's commitments to social justice, which ensure fairness for everyone in the ACT.
There are also a number of legal aspects which must be mentioned. The substitution of civil for criminal enforcement and the introduction of the fine default cancellation scheme proposed in the Bill will not diminish existing legal rights. We are still talking about fairness. The right to furnish a statutory declaration naming another driver as the infringer remains. In this case the registrar may take action against the person named in that declaration after serving that person with a final notice, or the registrar may apply to the court for a declaration that the person who completed the statutory declaration is liable. No cancellation action can be taken against a person who has furnished a statutory declaration unless the court has made the declaration sought by the registrar.
There is also provision for people to notify the registrar that they dispute liability for the infringement. Again, no cancellation action can be taken against such persons unless the court has heard the matter and decided in the registrar's favour. Further, there is an umbrella provision which provides that a person who has had his or her licence cancelled or has been subject to another appropriate sanction may dispute the parking infringement in court. Where the person is successful, the registrar will reissue the licence or registration as if the licence or registration had not been cancelled. Hence this Bill will retain people's legal rights to have access to the courts for disputing their parking tickets, while at the same time removing the unjust sanction of gaoling fine defaulters. Possession of a drivers licence is important to us all. For some it is absolutely vital for their livelihood. So, in the proposed legislation, great care has been taken to ensure that a licence is not lost easily.
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