❓ The Minister for Transport outlines the process for Extraordinary Driver's Licence (EDL) applications, the Department of Transport's role in advocating for public safety, and planned legislative amendments to prioritize public safety in EDL decisions.
AnsweredQoN 301Legislative Assembly
QuestionView source ↗
EXTRAORDINARY DRIVERS' LICENCES —
REVIEW
301. Ms R. SAFFIOTI to the Minister for
Transport:
What is the process for applying for
an extraordinary driver's licence and what role does the minister's
department have in this process?
REVIEW
301. Ms R. SAFFIOTI to the Minister for
Transport:
What is the process for applying for
an extraordinary driver's licence and what role does the minister's
department have in this process?
AnswerView source ↗
I would like to thank the member for
that question. I referred to this yesterday. I did not recall the detail on
hand and said that I would take it on notice, but I have since investigated. In
August 2013, the Department of Transport undertook a review into the provision
of extraordinary licences. As a result of that review, the department has
strengthened the management of this area and provided a clearer direction that
the Department of Transport's role in extraordinary licence hearings is
to advocate for public safety. The Department of Transport is taking a harder
line on EDL—I will call them EDL—applications. Currently,
approximately 95 per cent of EDL applications in the metropolitan courts are
opposed by the Department of Transport. All applications by recidivist
offenders are opposed. Every case is different, but the direction to Department
of Transport officers is that it is the magistrate's role to balance
the applicant's need to drive with the public safety risks of the
applicant obtaining an EDL. The departmental officers' role is only to
highlight the public safety risks and to test the applicant's claims
that they need an EDL.
Under the present form of the Road Traffic Act, the courts
are to give public safety equal weight with other factors, including the
character and conduct of the applicant, the circumstances of the case, and the
nature of the offence or offences. The department
is currently developing amendments to the act to ensure the legislation
meets community expectations and that public
safety is made the paramount consideration in deciding EDL applications.
These amendments have the support of the Chief Magistrate and the Department of
the Attorney General.
that question. I referred to this yesterday. I did not recall the detail on
hand and said that I would take it on notice, but I have since investigated. In
August 2013, the Department of Transport undertook a review into the provision
of extraordinary licences. As a result of that review, the department has
strengthened the management of this area and provided a clearer direction that
the Department of Transport's role in extraordinary licence hearings is
to advocate for public safety. The Department of Transport is taking a harder
line on EDL—I will call them EDL—applications. Currently,
approximately 95 per cent of EDL applications in the metropolitan courts are
opposed by the Department of Transport. All applications by recidivist
offenders are opposed. Every case is different, but the direction to Department
of Transport officers is that it is the magistrate's role to balance
the applicant's need to drive with the public safety risks of the
applicant obtaining an EDL. The departmental officers' role is only to
highlight the public safety risks and to test the applicant's claims
that they need an EDL.
Under the present form of the Road Traffic Act, the courts
are to give public safety equal weight with other factors, including the
character and conduct of the applicant, the circumstances of the case, and the
nature of the offence or offences. The department
is currently developing amendments to the act to ensure the legislation
meets community expectations and that public
safety is made the paramount consideration in deciding EDL applications.
These amendments have the support of the Chief Magistrate and the Department of
the Attorney General.
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