Have your say on serious road crime

7 December 2022

Attorney General Mark Speakman is urging members of the public and other interested parties to have their say on a review by the independent NSW Law Reform Commission (LRC) of the laws governing serious road crime.

Mr Speakman said preliminary submissions have been invited as part of the review which he commissioned.

“The heartbreak and suffering caused by road crime deaths, and the pain families have to face every day afterwards, are immeasurable,” Mr Speakman said.

“I have met with families of victims and heard the terrible tragedies they have had to face. The trauma caused by deaths and serious injury due to road crimes ruins lives, not only for the victims, but for their families and friends.

“It is critical that sentencing for serious road crimes appropriately reflects the seriousness of these crimes and is fit for purpose. Those who ignore the road rules and put innocent people in danger need to know it is unacceptable and that they will face the full weight of the law.

“As a first step in the review, the LRC is accepting preliminary submissions relevant to the terms of reference that need addressing.”

Mr Speakman has asked the LRC to examine:

• whether the existing serious road crime offences, and the relevant laws on accessorial liability, remain fit for purpose
• whether the maximum sentences for serious road crimes remain appropriate
• the sentencing principles relevant to serious road crimes
• the experience and rights of victims of serious road crimes and their families within the criminal justice system
• any other matters the LRC considers relevant.

Minister for Metropolitan Roads Natalie Ward said this review underscores the Perrottet Government’s commitment to improving the safety of our roads and of the community.

“I am deeply humbled and grateful to the families that I have had the privilege of listening to,” Mrs Ward said.

“This review is an important step in ensuring the penalties handed to dangerous drivers are appropriate and deter others from taking risks behind the wheel which could result in a preventable tragedy.”

Minister for Regional Transport and Roads Sam Farraway welcomed the decision by the

Attorney General and said this was a positive step towards making regional roads safer.

“I have met with many victims and families impacted by dangerous drivers in regional NSW. This is a step we are taking as a government to ensure our laws are adequate in attempting to deter bad driving behaviour, not just in regional NSW, but across all of the state,” Mr Farraway said.

Previous action by the NSW Government to strengthen the criminal justice system response to serious road crimes and to support the families of road crime victims include:

• The Motor Accident Injuries Amendment Act 2022 passed by the NSW Parliament on 17 November 2022, to enable the State Insurance Regulatory Authority (SIRA) to establish a trauma support service for families of those who have been injured or killed because of a motor accident. This new service will provide support in the period after the accident and will connect and guide those impacted by the incident.
• NSW Government-led reforms in 2021 to allow bereavement payments for eligible families, to allow grieving families to claim funeral costs for the loss of an unborn child caused by a motor accident, and to create new offences of ‘causing the loss of a foetus’ and ‘causing the loss of a foetus (death of a pregnant woman)’ which apply to acts done as a result of dangerous driving.
• Extending access to the Victims Support Scheme to immediate family members of victims deliberately killed by a motor vehicle, where a person has been charged with murder in relation to the death.

The LRC inquiry is in addition to the NSW Government’s commitment in November to establish a parliamentary inqury in the next term of government to consider whether the Road Transport Act 2013 can be improved, particularly when it comes to dangerous drivers.

The LRC is the State’s independent law reform advisory body which independently scrutinises the operation of NSW laws and justice system and advises on reform.

Preliminary submissions can be emailed to nsw-lrc@justice.nsw.gov.au by 17 February 2023.

Information on making a submission, and about the serious road crime review including the terms of reference, can be found on the LRC website.

Download media release: Have your say on serious road crime (PDF, 175.1 KB)