A WA parliamentary question addresses the legal responsibilities and compensation obligations of the Army in off-road vehicle accidents involving civilian vehicles, particularly near the Lancelin training area. The Minister's response provides limited information, deferring some questions to the federal level.

AnsweredQoN 1601Legislative Council
Asked
3 December 2003
Portfolio
Police and Emergency Services

QuestionView source ↗

I have had advice on how to ask this question and I hope I ask it in the correct manner. (1) If an Army vehicle being driven off-road outside Australian Defence Force land runs into a stationary civilian vehicle causing in excess of $1 000 damage, is the Army subject to state laws; and if so, what are the responsibilities of - (a) the Army driver, and (b) the Army to provide compensation for damage to the civilian vehicle? (2) If an Army vehicle fails to stop after being involved in a collision with a civilian vehicle, resulting in excess of $1 000 damage, should the owners of the civilian vehicle expect a full police investigation after submitting a vehicle accident report? (3) Is the minister aware of how frequently off-road accidents between civilian and military vehicles are reported in the vicinity of the Lancelin defence training area? (4) Is the minister aware of the number of cases in which the ADF has accepted responsibility for compensating owners of private vehicles when military drivers have been found to be at fault? The PRESIDENT: The Minister for Housing and Works with legal advice and other answers. Hon NICK GRIFFITHS

AnswerView source ↗

Thank you, Mr President, and I thank the honourable member for some notice of this question. (1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
(1) If an Army vehicle being driven off-road outside Australian Defence Force land runs into a stationary civilian vehicle causing in excess of $1 000 damage, is the Army subject to state laws; and if so, what are the responsibilities of - (a) the Army driver, and (b) the Army to provide compensation for damage to the civilian vehicle? (2) If an Army vehicle fails to stop after being involved in a collision with a civilian vehicle, resulting in excess of $1 000 damage, should the owners of the civilian vehicle expect a full police investigation after submitting a vehicle accident report? (3) Is the minister aware of how frequently off-road accidents between civilian and military vehicles are reported in the vicinity of the Lancelin defence training area? (4) Is the minister aware of the number of cases in which the ADF has accepted responsibility for compensating owners of private vehicles when military drivers have been found to be at fault? The PRESIDENT: The Minister for Housing and Works with legal advice and other answers. Hon NICK GRIFFITHS replied: Thank you, Mr President, and I thank the honourable member for some notice of this question. (1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
(b) the Army to provide compensation for damage to the civilian vehicle?
(3) Is the minister aware of how frequently off-road accidents between civilian and military vehicles are reported in the vicinity of the Lancelin defence training area? (4) Is the minister aware of the number of cases in which the ADF has accepted responsibility for compensating owners of private vehicles when military drivers have been found to be at fault? The PRESIDENT: The Minister for Housing and Works with legal advice and other answers. Hon NICK GRIFFITHS replied: Thank you, Mr President, and I thank the honourable member for some notice of this question. (1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
(4) Is the minister aware of the number of cases in which the ADF has accepted responsibility for compensating owners of private vehicles when military drivers have been found to be at fault? The PRESIDENT: The Minister for Housing and Works with legal advice and other answers. Hon NICK GRIFFITHS replied: Thank you, Mr President, and I thank the honourable member for some notice of this question. (1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
The PRESIDENT: The Minister for Housing and Works with legal advice and other answers. Hon NICK GRIFFITHS replied: Thank you, Mr President, and I thank the honourable member for some notice of this question. (1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
Hon NICK GRIFFITHS replied: Thank you, Mr President, and I thank the honourable member for some notice of this question. (1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
Thank you, Mr President, and I thank the honourable member for some notice of this question. (1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
(1) The Police Service advises that the driver of an Army vehicle, like all members of the public, is subject to the provisions of section 54 of the Road Traffic Act 1974, which requires a driver to stop if he or she is aware that his or her vehicle has been involved in a collision with another vehicle. I am not aware of the Army policy on providing compensation in civil issues. (2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
(2) Yes. (3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
(3) The Police Service advises that the officer in charge of Lancelin Police Station, who has been stationed there for four years, is unaware of any such crashes. However, initial inquiries suggest that there may have been three crashes in the past 28 years. (4) No. I suggest that this information be sought from the federal Minister for Defence.
(4) No. I suggest that this information be sought from the federal Minister for Defence.

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