Please note: This is an extract from Hansard only. Hansard extracts are reproduced with permission from the Parliament of Western Australia.
ROAD SAFETY COUNCIL BILL 2001
Introduction and First Reading Bill introduced, on motion by Mrs Roberts (Minister Assisting the Minister for Planning and Infrastructure), and read a first time.
Second Reading
MRS ROBERTS (Midland - Minister Assisting the Minister for Planning and Infrastructure) [4.29 pm]: I move -
That the Bill be now read a second time. This Bill is introduced to elevate the status of road safety in government. It creates a stand-alone piece of legislation in recognition of the importance with which road safety is viewed by this Government. It recognises the importance of the across-government coordinating agency role offered by the Office of Road Safety and establishes a place for it on the Road Safety Council. The Office of Road Safety will be located within the Department of Premier and Cabinet to give it a more independent, whole-of-government focus in the same way that the Office of Crime Prevention, which is also based at the Department of Premier and Cabinet, gives an across-government focus to crime prevention. The Office of Road Safety will continue to service the Road Safety Council. This will achieve two main outcomes: firstly, it will provide a more whole-of-government, across-portfolio focus for road safety than if it was attached to the transport or planning and infrastructure portfolios. Secondly, it will increase the independence of the Road Safety Council by ensuring that it is no longer linked with one of the portfolios that vie for road safety funding. These changes will be implemented by two legislative changes: firstly, by repealing those provisions in the Road Traffic Act that create the Road Safety Council and road trauma trust fund and enacting a new Road Safety Council Act largely containing mirror provisions; and, secondly, by amending the Transport Co-ordination Act 1966 and the Road Traffic Act 1974 to break the nexus between the two Acts to allow the Government to allocate ministerial and administrative responsibilities to different ministers. The Road Safety Council membership will be altered to reflect the key pieces of road safety legislation. Development of the Bill is progressive and caters for the new departmental arrangements detailed in the Machinery of Government Taskforce report and any future adjustments that might be made. Agencies with responsibility for the road safety-related Acts will be represented on the council. The list of Acts related to road safety will also be expanded to include the Planning Act. This legislation complements and builds upon the Machinery of Government Taskforce recommendations by providing for a single minister dedicated to road safety, while ensuring links to integrated transport and land use planning. It enables all the proceeds from both red light and speed camera infringements to be put towards reducing the State's road toll. Those funds will be allocated through not only the road trauma trust fund, but also a range of initiatives aimed at making our roads safer. This Bill will ensure that moneys allocated to reduce the State's road toll will indeed be dedicated to activities that will have the greatest effect in reducing the trauma occurring on our roads. In summary, the Bill defines the overall strategic function of the council and sets specific objectives and parameters for the operation of the council. Clause 2 of the Bill details the conditions that apply to the commencement of this Act. Section 44 of the Road Traffic Amendment Act 2000, which is yet to be proclaimed, introduces owner onus for photographic infringement notices. Section 12(4) of this Bill, which provides for a portion of the modified penalty collected to be paid to the road trauma trust fund, cannot come into operation until the Road Traffic Amendment Act 2000 comes into operation. Clause 4 creates the Road Safety Council. Clause 5 identifies the specific functions of the Road Safety Council and sets the parameters for the performance of those functions. The focus is on a comprehensive and coordinated multifaceted attack on road trauma. Membership of the council is determined by clause 6. This clause also sets down who will be responsible for nominating the member and the specific area of knowledge the member is required to have. The aim is to ensure that regardless of the specific officer nominated or minister responsible for the nomination, the officer has sufficient knowledge and experience to be able to perform constructively as a member. Clause 7 provides for the appointment of deputy council members who may attend when there is no member appointed or the appointed member is absent. Nomination for appointment as a member is set down in clause 8 and all nominations for members must be in writing to the minister. However, if the minister is the person nominating the member, the nomination does not have to be in writing. The minister can appoint only people who would ordinarily be eligible for nomination. Clause 9 details the duration of appointment as members or deputies of the council. It sets out the conditions and terms of appointment of members, revocation of appointment and eligibility for reappointment. Council members who are not public officers or the deputies of such members may only be appointed for a maximum term of three years and may resign by giving written notice to the minister. A person can be appointed as a member more than once. The minister may revoke appointments if the person becomes incapable of satisfactorily carrying out duties as a member; the person is absent from three consecutive meetings for which he was given notice; or the person becomes bankrupt or seeks financial relief from bankruptcy or insolvency. If a member ceases to be eligible for nomination, he ceases to be a member. The minister may revoke the appointment of a member, but if that member's successor must be nominated by another minister, the minister cannot revoke the appointment until requested to do so by the minister required to nominate the new member. This provision will ensure that the responsible minister retains control over the tenure and appointment of those members who fall within his or her purview.
Remuneration and allowances are covered by clause 10. Clause 12 enables the creation of an account called the road trauma trust fund. Moneys to be credited to the account are one-third of the prescribed penalty paid for photograph-based vehicle infringement notices; moneys appropriated by Parliament for the account; any moneys donated or otherwise lawfully obtained for the account; and any investment income. The money in the account is to be used for purposes determined by the minister, based on recommendations of the council. The purpose is to provide a fund that can be used to combat road trauma via the use of the powers conferred by this Act. Clause 15 contains a schedule of the amendments that must be made to other relevant legislation to facilitate the creation of the Road Safety Council Act 2001. I commend the Bill to the House.
Debate adjourned, on motion by Mr Bradshaw.
ROAD SAFETY COUNCIL BILL 2001
Receipt and First Reading Bill received from the Assembly; and, on motion by Hon Kim Chance (Leader of the House), read a first time.
Second Reading
HON KIM CHANCE (Agricultural - Leader of the House) [6.03 pm]: I seek leave to have the second reading speech incorporated in Hansard. Points of Order Hon SIMON O'BRIEN: I do not know about prior practice in the House, but this appears to have come out of the blue. Is there any precedent or ruling about incorporating speeches that members such as I can use as a guide? Hon Tom Stephens: I have done it once before.
Hon SIMON O'BRIEN: That is not a good argument.
The PRESIDENT: Apparently this has been done only once before. It is a practice in other Chambers, but it has not been a practice here. Because the leave of the House is required, any member can prevent that practice developing.
Hon N.F. MOORE: Regrettably I was out of the Chamber when the Leader of the House sought leave. I understand that he has sought to incorporate a speech by leave.
The PRESIDENT: That is correct.
Hon N.F. MOORE: I recall that it has been done on a previous occasion, by Hon Peter Dowding. The House agreed because it was Christmas Eve, and I sought leave to have my response incorporated as well. That leave was denied. There is no need for leave to be granted on this occasion because there is no urgency. Leave denied.
Debate Resumed
Hon KIM CHANCE: I move - That the Bill be now read a second time. This Bill is introduced to elevate the status of road safety in government. It creates a stand-alone piece of legislation in recognition of the importance with which road safety is viewed by this Government. It recognises the importance of the across-government coordinating agency role offered by the Office of Road Safety and establishes a place for it on the Road Safety Council. The Office of Road Safety will be located within the Department of the Premier and Cabinet to give it a more independent, whole-of-government focus in the same way that the Office of Crime Prevention, which is also based within the Department of the Premier and Cabinet, gives an across-government focus to crime prevention. The Office of Road Safety will continue to service the Road Safety Council. This will achieve two main outcomes: firstly, it will provide a more whole-of-government, across-portfolio focus for road safety than if it were attached to the transport or planning and infrastructure portfolios. Secondly, it will increase the independence of the Road Safety Council by ensuring that it is no longer linked with one of the portfolios that vie for road safety funding. These changes will be implemented by two legislative changes: firstly, by repealing those provisions in the Road Traffic Act that create the Road Safety Council and road trauma trust fund and enacting a new Road Safety Council Act largely containing mirror provisions; and, secondly, by amending the Transport Co-ordination Act 1966 and the Road Traffic Act 1974 to break the nexus between the two Acts to allow the Government to allocate ministerial and administrative responsibilities to different ministers. The Road Safety Council membership will be altered to reflect the key pieces of road safety legislation. Development of the Bill is progressive and caters for the new departmental arrangements detailed in the Machinery of Government Taskforce report and any future adjustments that might be made. Agencies with responsibility for the road safety-related Acts will be represented on the council. The list of Acts related to road safety will also be expanded to include the Planning Act. This legislation complements and builds upon the Machinery of Government Taskforce recommendations by providing for a single minister dedicated to road safety, while ensuring links to integrated transport and land use planning. It enables all the proceeds from both red-light and speed camera infringements to be put towards reducing the State's road toll. Those funds will be allocated through not only the road trauma trust fund, but also a range of initiatives aimed at making our roads safer. This Bill will ensure that moneys allocated to reduce the State's road toll will indeed be dedicated to activities that will have the greatest effect in reducing the trauma occurring on our roads. In summary, the Bill defines the overall strategic function of the council and sets specific objectives and parameters for the operation of the council. Clause 2 of the Bill details the conditions that apply to the commencement of this Act. Section 44 of the Road Traffic Amendment Act 2000, which is yet to be proclaimed, introduces owner onus for photographic infringement notices. Clause 12(4) of this Bill, which provides for a portion of the modified penalty collected to be paid to the road trauma trust fund, cannot come into operation until the Road Traffic Amendment Act 2000 comes into operation. Clause 4 creates the Road Safety Council. Clause 5 identifies the specific functions of the Road Safety Council and sets the parameters for the performance of those functions. The focus is on a comprehensive and coordinated multifaceted attack on road trauma. Membership of the council is determined by clause 6. This clause also sets down who will be responsible for nominating the member and the specific area of knowledge the member is required to have. The aim is to ensure that, regardless of the specific officer nominated or minister responsible for the nomination, the officer has sufficient knowledge and experience to be able to perform constructively as a member. Clause 7 provides for the appointment of deputies of council members who may attend when there is no member appointed or the appointed member is absent. Nomination for appointment as a member is set down in clause 8 and all nominations for members must be in writing to the minister. However, if the minister is the person nominating the member, the nomination does not have to be in writing. The minister can appoint only people who would ordinarily be eligible for nomination. Clause 9 details the duration of appointment as members or deputies of the council. It sets out the conditions and terms of appointment of members, revocation of appointment and eligibility for reappointment. Council members who are not public officers or the deputies of such members may be appointed for only a maximum term of three years and may resign by giving written notice to the minister. A person can be appointed as a member more than once. The minister may revoke appointments if the person becomes incapable of satisfactorily carrying out duties as a member; the person is absent from three consecutive meetings for which he was given notice; or the person becomes bankrupt or seeks financial relief from bankruptcy or insolvency. If a member ceases to be eligible for nomination, he ceases to be a member. The minister may revoke the appointment of a member, but if that member's successor must be nominated by another minister, the minister cannot revoke the appointment until requested to do so by the minister required to nominate the new member. This provision will ensure that the responsible minister retains control over the tenure and appointment of those members who fall within his or her purview. Remuneration and allowances are covered by clause 10. Clause 12 enables the creation of an account called the road trauma trust fund. Moneys to be credited to the account are one-third of the prescribed penalty paid for photograph-based vehicle infringement notices; moneys appropriated by Parliament for the account; any moneys donated or otherwise lawfully obtained for the account; and any investment income. The money in the account is to be used for purposes determined by the minister, based on recommendations of the council. The purpose is to provide a fund that can be used to combat road trauma via the use of the powers conferred by this Act. Clause 15 contains a schedule of the amendments that must be made to other relevant legislation to facilitate the creation of the Road Safety Council Act 2001. I commend the Bill to the House.
Debate adjourned, on motion by Hon B.K. Donaldson.