Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 9 Hansard (4 September) . . Page.. 3020 ..

MR WHITECROSS (continuing):

Mr Kaine keeps telling us this story: The police officer pulls you up and books you for DUI; you go along to the Magistrates Court; the magistrate hands you down a three-month suspension; you walk out the back door of the court, you walk around to the front door, and the same magistrate says, "All is forgiven. Have this special licence, and you can drive wherever you like, whenever you like; no problem with us". The fact is that what Mr Kaine is really saying is that he does not trust the magistrates. He does not think that the magistrates know what they are doing. I am surprised, Mr Speaker, that you have not called him to order under standing order 54 for offensive words directed towards the judiciary. The way he is talking about the magistrates and the way they conduct themselves certainly does not seem to reflect well on the magistrates. Quite frankly, I think his mistrust in the magistrates is misplaced.

Mr Speaker, earlier in the week, Mr Kaine produced some interesting statistics for members, showing that in 1996-97 a total of 1,131 drivers were suspended or disqualified or had their licence cancelled by the courts. Of these, 441 - that is 39 per cent - applied for special licences. Indeed, as Mr Kaine said, most of those were granted. Only nine were not approved. The question that has to be asked is: Why did the other 700 not apply for a special licence? Probably because their solicitor told them, "Do not waste your time, do not waste your money, do not waste the court's time, because you are not going to get one". Maybe, when they were in court having their licence suspended in the first place, the magistrate even said to them, "Do not bother turning up here asking for a special licence, because you are not going to get one".

Mr Speaker, the fact is that what the statistics that the Minister himself produced show is that two-thirds of people who are suspended or disqualified or have their licence cancelled do not end up with a special licence, and they probably do not end up with a special licence for a very good reason. A lot of them are probably in these categories that are in Mr Moore's amendment and in the Minister's original Bill. They are chronic fine defaulters, people who already held a suspended licence when they were booked or people who have had their licence cancelled, or whatever.

Mr Speaker, the Minister has not produced a single statistic to demonstrate that there are scads of people out there who have been driving with a suspended learners licence, have gone for DUI and have then been handed out a special licence by the courts, or who have been driving while under cancellation, have gone for DUI and have been handed out a special licence by the courts. Where are the statistics to demonstrate that? There are not any. There is probably a very good reason for that. Contrary to the impression that Mr Kaine is trying to create today, where he has tried to besmirch the magistrates and suggest that they hand out special licences like lollies, the reality is probably that there are not any of these people. The truth of the matter is that the magistrates do not hand out special licences to people in these categories. Quite frankly, that is fine with me.

The amendment that has been drafted by Labor, the Greens and Mr Moore says that these kinds of people should get a special licence only in the most extraordinary circumstances. I think that that is an appropriate situation. But, Mr Speaker, I do not want to defend the situation of the magistrate who says, "This is the one in a million occasion on which I would have handed out a special licence" and finds that they cannot do it because Mr Kaine has been out there trying to send a message and prove that he is tough on

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .