Page 432 - Week 03 - Tuesday, 13 March 2007
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young landscape gardener who was living at Page who literally jumped the fence and rendered assistance to the injured driver of a vehicle who was bleeding from a head wound. A woman who was trained as first-aid officer turned up and said, “Do not move,” and the young fellow just kept applying pressure. I played traffic cop and moved the traffic around.
I commend the fire brigade who got there within about five minutes, who greatly assisted and who took over the supervision of the scene. The ambulance officers arrived not long after that and the police officers also arrived. I was highly impressed, especially with the young fellow from Page, and I thank him and the trained first-aid officer. Several other cars stopped and their drivers offered assistance but, as it turned out, their help was not needed. However, I think that just shows our community spirit. Sadly, some people who are involved in accidents often panic and leave the scene, which is a serious offence. We need appropriate penalties such as this.
MR HARGREAVES (Brindabella—Minister for the Territory and Municipal Services, Minister for Housing and Minister for Multicultural Affairs) (11.24), in reply: As I advised the Assembly when I introduced the bill last year the Road Transport (Safety and Traffic Management) Amendment Bill 2006 (No 2) amends the Road Transport (Safety and Traffic Management) Act 1999. The amendment is necessary to increase the penalty for the offence committed where a driver of a vehicle is involved in an accident causing death and injury and fails to stop and render assistance. The terms of section 16 of the act make it an offence for a driver of a vehicle involved in a traffic accident, in which someone dies or is injured, knowingly to fail to stop and give any assistance that is necessary and in his or her power to give. The maximum penalty for this offence is currently 50 penalty units, imprisonment for six months or both.
These days, with mobile phones, it should be a simple matter for a driver or a passenger involved in an accident to stop and phone for assistance. However, unfortunately, there seems to be a differing trend and more drivers are leaving the scene of accidents without leaving their details, let alone rendering assistance to injured persons. There can be no disagreement that the current maximum penalty level is too low to deal adequately with an offence of this seriousness. We are dealing with an offence involving a person who may be in some way responsible for the death or serious injury of another road user failing to stop at the scene of an accident and assisting in some way.
Of course, there is no suggestion that a person involved in an accident has to stop and attempt to provide assistance that that person is not qualified or not capable of giving. But, at the very least, a person involved in a serious accident which has injured others must stop and make efforts to get help by calling an ambulance or flagging down other motorists to assist. Failure to do at least this would be regarded by any reasonable person as morally reprehensible and it is appropriate that the law addresses this type of behaviour with a suitably framed offence which carries a sufficient maximum penalty to allow courts to deal with offenders.
As I previously informed the Assembly, a review of penalties for similar offences in other jurisdictions was undertaken prior to developing this bill. That review disclosed
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