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Debates - Tenth Assembly, First Session - 14/02/2006 - Parliamentary Record No: 5 | |
This is an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such. | |
| Topic: | BILLS |
| Subject: | Bills - COMMERCIAL PASSENGER VEHICLE AMENDMENT BILL (Serial 32) - Suspension of Standing Orders - Introduce a Bill Without Notice - debate adjourned. |
| Date: | 14/02/2006 |
| Member: | Dr BURNS |
| Other Speakers: | Dr LIM |
| Status: | Infrastructure and Transport |
| Dr BURNS (Infrastructure and Transport): Madam Speaker, I seek leave to present a bill without notice relating to the commercial passenger vehicles legislation. Dr LIM (Greatorex): Madam Speaker, if I may ask for some clarification. I understand that the bill was to be given notice of today to be introduced tomorrow? Mr Henderson: No. Introduced today. Dr LIM: It should have been due process. It is not going to be debated until Thursday of next week. Surely, we should go through due process, and have notice given today for introduction tomorrow and then we will go from there. Madam SPEAKER: I am sorry, I had not heard the noes. Leader of Government Business. Mr HENDERSON (Leader of Government Business): A point of clarification in speaking to the Opposition Whip's point - there was a discussion last night, I do not know what he did not understand about that. We are bringing this in on urgency today, for the second reading today, and I do not know what the opposition's problem is. This allows the intent of the bill in the second reading to sit on the Notice Paper on the Table as long as possible before it is debated next Thursday. It is in the best interests of the industry and of Territorians who are interested in this legislation. It is being put through on urgency, and my colleague will explain that, but by reading the second reading today, it actually gives Territorians a longer opportunity to consider the bill and make comment if they so choose. In the interests of Territorians understanding why government is moving this legislation on urgency, it is totally appropriate to give the second reading today to give the maximum amount of exposure of this legislation to the people particularly in the industry who would be interested. Madam SPEAKER: Given that leave was not granted, it is up to the minister to decide whether he wishes to suspend standing orders in order to have this motion put through at the moment. Dr BURNS: Madam Speaker, I was hoping to avoid this. My understanding was, with due deference to you, that it was carried on the voices … Madam SPEAKER: No, I did not hear properly, minister. Leave was denied by one dissentient voice, minister. ___________________________ Suspension of Standing Orders Introduce a Bill Without Notice Dr BURNS: Madam Speaker, I was hoping to avoid this, however, I move that so much of standing orders be suspended as would prevent me from introducing forthwith a bill relating to commercial passenger vehicles legislation. Motion agreed to. ___________________________ Bill presented and read a first time. Dr BURNS (Infrastructure and Transport): Madam Speaker, I move that the bill be now read a second time. The purpose of this bill is to amend the Commercial Passenger (Road) Transport Act and the Motor Vehicles Act. The amendments will strengthen the existing discretionary mechanism for the consideration of the fit and proper status of persons operating or driving in the commercial passenger vehicle industry. The government will be seeking urgency on this bill to be passed through all stages in these sittings. It is in the public interest that statutory officers have the power to be able to act quickly in removing certain people from the commercial passenger vehicle industry. This bill I am introducing today compels a director under the Commercial Passenger (Road) Transport Act and the Registrar of Motor Vehicles to exclude those convicted of serious offences from holding a licence to drive a taxi, minibus, private hire car, tourist vehicle, courtesy vehicle, motor omnibus, limousine, special function vehicle, or special passenger vehicle on becoming aware a conviction exists. Those disqualifying offences are contained in the regulations which will be made by this legislation. Disqualifying offences are sexual offences against a minor; sexual offences against adults; and other serious offences such as murder, serious assault and grievous harm. Offences committed in the Northern Territory, other states and territories and overseas all qualify. The legislation addresses real concerns in relation to sexual offenders and offenders convicted of a serious offence holding licences or operating in the commercial passenger vehicle industry. Honourable members would be aware of community concern about sexual offenders operating or driving commercial passenger vehicles. In response to these concerns I personally undertook to take action to ensure that there is no doubt that serious offenders and sexual offenders against minors are to be excluded from operating vehicles or driving passengers in the commercial passenger vehicle industry. This is a new regime. It will impact on any existing operator or driver convicted of a disqualifying offence. It also sets a new standard for new entrants into the commercial passenger vehicle industry. A particular feature of this legislation is that where a disqualifying offence, or where disqualifying offences are concerned, there is no grandfather provisions for those previously found to be fit and proper. In the knowledge of what is now a disqualifying offence by the director under the Commercial Passenger (Road) Transport Act, Registrar of Motor Vehicles, or the local court there will be no exceptions. Where the director or registrar becomes aware that the disqualifying offence has been committed, that existing operator or driver will have their accreditation or licence to drive a commercial passenger vehicle cancelled. This aspect of the legislation is retrospective but clearly in the public interest. Affected persons are of course able to appeal the cancellation on the grounds that exceptional circumstances apply to their particular offence. If an appeal is successful there is no longer a disqualifying offence for the purpose of the legislation. The amendments are consistent with community expectations and other laws in relation to these types of people not getting access to positions of public trust. For example, the Teacher Registration (Northern Territory) Act 2004 contains similar requirements in relation to the exclusion of sexual offenders. All members of the community have a right to expect that those licensed to drive or operate commercial passenger vehicles are fit and proper. Clauses 4, 6, 13 and 14 of the bill make it clear that the director or registrar must not grant or renew, they must cancel an operator, accreditation or driver licence of a person who has been convicted of a prescribed offence. The new provisions will provide the necessary power to check on those currently in the industry and if it is found that individuals have committed any of the prescribed offences they can be immediately excluded from the industry. Power is also provided to suspend the licence of a driver or the accreditation of an operator should he or she be charged with a disqualifying offence pending the outcome of a court hearing. This will ensure that the registrar or director has the power to act immediately if a person has been charged with a disqualifying offence rather than the current situation that allows someone to remain in the industry and potentially continue to reoffend unchecked. The provisions will enhance existing discretionary fit and proper requirements and will create a level of transparency as to what is considered unacceptable in the passenger transport industry. As already noted a similar approach has been adopted in regard to teachers committing serious sexual offences. Madam Speaker, individuals excluded from the industry as a result of the disqualifying offence will have the right to appeal their exclusion on the grounds of exceptional circumstances surrounding the offence to the chief executive officer of the department of planning and infrastructure. It will be up to the person to convince the chief executive officer that there are exceptional circumstances justifying their admission or reinstatement into the commercial passenger industry. Decisions of the chief executive officer will be appealable to the local court. Appeals to the court will be by hearing de novo meaning that a court will look at all matters anew in regard to the case including reference to the legislation establishing disqualifying offences. The bill makes it clear that the director or registrar must consider in addition to other matters whether a person has shown a pattern of committing offences in addition to disqualifying offences. This will serve as notice to applicants and licensed holders that ongoing patterns of poor behaviour will be considered in assessing a person's fit and proper status. The government has agreed that another unequivocal stance was required that sent a strong message to the community and the industry that these types of people should not be allowed to operate or drive passenger vehicles for hire and reward. Accredited operators and licensed holders will be compelled to notify the director or registrar immediately if charged with a disqualifying offence and when the outcome of the charge is known. Failing to inform attracts a penalty of 100 penalty units. The exercise of powers of the director and the registrar and the offences which provide for exclusion from the industry are consistent with both the Criminal Records (Spent Convictions) Act and the Anti-Discrimination Act. Sexual convictions are never spent, for other offences if the convictions are spent the director and registrar are required to have no regard to them. Our industry generally is comprised of people of good repute and whilst these measures may sound harsh, they will ensure that the bar is set at the right level to protect the reputation of the industry and the travelling public. Those operators and drivers of good character have nothing to fear from this legislation. Madam Speaker, this bill reflects the Martin government's strong commitment to law and order and public safety and will go a long way to protecting the good standing of the passenger transport industry in the Territory. The Commercial Passenger Vehicles Legislation Amendment Act 2006 will commence on assent. Madam Speaker I commend the bill to honourable members. Debate adjourned. | |