Driver health information should be shared across borders to help prevent tragedies like the one that killed four-year-old Blake Corney, the ACT government has been told.
An inquiry has recommended the government explore driver health information sharing with interstate governments to ensure a potential loophole in its planned mandatory reporting scheme is closed.
A proposed law will require ACT health practitioners to tell the licensing authority if patients have conditions which could affect their fitness to drive, but the inquiry noted potentially affected drivers could seek care in NSW to avoid disclosing conditions that could affect their ability to hold a licence.
The government sought to introduce the mandatory reporting scheme following a key recommendation of a coronial inquest.
The recommendation was made after Blake Corney was killed in a major rear-end collision on the Monaro Highway in July 2018 by a truck driver who likely had sleep apnoea for five years and whose doctor knew of his condition.
The Legislative Assembly's standing committee on justice and community safety said it supported the government's proposed laws designed to improve driver safety in the ACT.
"However, the potential loophole identified by Camille Jago due to the close proximity to NSW is of concern given that the proposed legislation defines a 'relevant health practitioner' as a person registered under the Health Practitioner Regulation National Law (ACT)," the committee said in a report released on Wednesday.
Ms Jago, who is Blake Corney's mother, told the committee's inquiry in a submission she supported the legislative changed but was concerned by the differences between the NSW and ACT mandatory reporting schemes.
"I can see a potential loophole where a person who suspects they may have a medical condition that may affect their driving ability might seek medical advice across the border," Ms Jago said.
The committee recommended the government explore information sharing arrangements from interstate governments on heavy vehicles on disclosures of medical problems.
People caught street racing in the ACT could face a prison term for the first time, while drivers caught speeding more than 45km/h over the limit face an on-the-spot licence suspension, under the suite of new laws announced by the ACT government in November.
The laws would also include finds of up to $16,000 for people caught street racing and expand the list of dangerous driving offences in the ACT.
The laws would also close a loophole by introducing a new offence of trespassing in a motor vehicle, the government said at the time.
Transport Minister Chris Steel said the changes to penalties would bring the ACT into closer alignment with other jurisdictions.
The Assembly committee inquiry into the bills recommended the government consider whether roadside drug tests can be improved to demonstrate whether a driver is incapacitated.
"The committee considers that given that there is no strong evidence that the presence of drugs being detected in a person's blood system is linked to the person's driving ability being impaired, and the consequences that a licence suspension can have, that there should be further investigation of how testing can be improved to demonstrate how it impairs driving ability," the inquiry's report said.
The committee also recommended expanding access to a drink and drug driving program in Canberra's jail and in the community.
The Road Safety Legislation Amendment Bill 2022 should be passed and the government should conduct an independent review after two years to "ensure that vulnerable groups are not being adversely impacted by the reform", the committee said.
The bill, if passed, would increase the powers of police to seize vehicles being used for racing, speed trials and failing to stop for police, and also allow impound vehicles caught speeding more than 45km/h above the limit.
"The committee considers that the changes proposed in the Road Safety Legislation Amendment Bill 2022 will be a step towards assisting police in their role in effectively responding to dangerous driving and improving public safety on the roads," the inquiry report said.
"However, a number of concerns were raised in various submissions, about the impact on vulnerable groups, particularly Aboriginal and Torres Strait Islander groups."
The Canberra Times Blake's Legacy campaign in 2022 called for the coroner's recommendations from the inquest into Blake Corney's death to be adopted nationally; the recommendations included more stringent medical assessments and reporting, and the expedited uptake of modern truck safety technology.
Mr Steel in May 2022 committed to introducing a mandatory reporting scheme to cover drivers who may be impaired while driving.
The territory government is still working on a review of road transport penalties and more legislation would be introduced to limit the impact of dangerous driving, Mr Steel said in November.
The ACT government has been under significant pressure to act to reduce dangerous driving, after the road toll climbed to 18 deaths in 2022, the highest since 2010.
Attorney-General Shane Rattenbury previously rejected a public push for a review of sentences for dangerous drivers, which followed a teenager dodging time behind bars after crashing a stolen Mercedes-Benz into a police car.
Mr Rattenbury said there was insufficient evidence to warrant "a wholesale review".
The government in October announced the formation of a law and sentencing advisory council, which Mr Rattenbury said would provide public and independent advice to government.
"A one-off sentencing review will give you a point-in-time answer, but I actually think having a group that can do sustained work and can proactively look at issues as well as reactively really puts the territory in the best position to have confidence that we are examining the issues that need to be examined," Mr Rattenbury told The Canberra Times at the time.
Council members are yet to be appointed.
BLAKE'S LEGACY CAMPAIGN:
- 'I'd much prefer Blake to be here and not to have a legacy'
- Why you should care about the big safety problems with our heavy vehicles
- 'I don't accept that': the huge cost to our society of road trauma
- Trucking Australia's deadliest industry, unions say
- ACT leads national push for tougher heavy vehicle driver health screens
- About one in seven fail Hume Hwy truck safety checks
- Changes are being urged to how trucks are permitted to operate in urban environments
- 'Absolutely terrifying': How a brush with death changed Anthony's life
- Dramatic footage shows how truck rollover landed dangerous driving charge
- Drivers have 'moral duty' to improve safety: trucking association
- 'Always watching': How Australian technology is saving drivers' lives
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
