❓ A WA parliamentary question highlights an anomaly in anti-hoon laws where a 17-year-old driving without a license faces harsher penalties than a P-plate driver driving dangerously. The government acknowledges the issue and is working to amend the Young Offenders Act.
AnsweredQoN 934Legislative Council
QuestionView source ↗
ANTIHOON LAWS
I refer to Western Australian’s antihoon laws. (1) Is it possible for a 17-year-old youth driving safely, but without a motor driver’s licence, to receive a court conviction and be suspended from having a motor driver’s licence for three months, and for a P-plate motorist driving dangerously to be diverted to a juvenile justice team and continue driving? (2) How does the minister explain this anomaly? (3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD
I refer to Western Australian’s antihoon laws. (1) Is it possible for a 17-year-old youth driving safely, but without a motor driver’s licence, to receive a court conviction and be suspended from having a motor driver’s licence for three months, and for a P-plate motorist driving dangerously to be diverted to a juvenile justice team and continue driving? (2) How does the minister explain this anomaly? (3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD
AnswerView source ↗
I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(1) Is it possible for a 17-year-old youth driving safely, but without a motor driver’s licence, to receive a court conviction and be suspended from having a motor driver’s licence for three months, and for a P-plate motorist driving dangerously to be diverted to a juvenile justice team and continue driving? (2) How does the minister explain this anomaly? (3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(2) How does the minister explain this anomaly? (3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(1) Is it possible for a 17-year-old youth driving safely, but without a motor driver’s licence, to receive a court conviction and be suspended from having a motor driver’s licence for three months, and for a P-plate motorist driving dangerously to be diverted to a juvenile justice team and continue driving? (2) How does the minister explain this anomaly? (3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(2) How does the minister explain this anomaly? (3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(3) Are there any plans to change the current law? (4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(4) If not, why not? Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
Hon JON FORD replied: I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
I thank the honourable member for some notice of this question. The Minister for Police and Emergency Services has supplied the following reply - (1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(1)-(2) Yes. This can occur because the first schedule of the Young Offenders Act lists driving without the appropriate driver’s licence as an offence for which a caution cannot be given or which cannot be referred to a juvenile justice team and for which a conviction will normally be recorded. Dangerous driving is not listed in the first or second schedule and can therefore be subject to a caution or JJT referral. However, the Young Offenders Act does list dangerous driving causing death, injury etc and dangerous driving causing bodily harm as schedule 2 offences for which a caution cannot be given or which cannot be referred to a JJT and for which a conviction will normally be recorded. Section 51(5) and (5a) of the Road Traffic Act requires that a person who does not hold a driver’s licence and can be granted a licence only on probation shall be disqualified for a minimum period of three months if convicted of driving without a driver’s licence. This applies to all drivers regardless of their age. (3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
(3)-(4) WA Police is progressing a request to have this anomaly cleared by amending the Young Offenders Act.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.