In 2022, 18 people were killed on Canberra roads – the highest death toll recorded in the ACT in more than a decade. Last year, four people died. This year, so far, two people have died – the second last week.

“Members of the ACT community have questioned whether the justice system could do more to prevent road trauma and to respond appropriately when it occurs,” states the ACT Law Reform and Sentencing Advisory Council.

“This raises issues in relation to the laws on ‘dangerous driving’, sentencing for those offences (it has been argued that “recent sentences have not reflected the seriousness of the crime or are of sufficient deterrence”), and whether the rights and experiences of victims and their families have been given sufficient recognition in the criminal justice system.”

The Council, an independent expert body that advises Attorney-General Shane Rattenbury on law reform and sentencing matters, is holding a public consultation into dangerous driving: sentencing and recidivism.

It will focus on the sentencing of dangerous driving offenders, including repeat offenders, in the context of recommendations of the Standing Committee on Justice and Committee Safety Report No. 16 Inquiry into Dangerous Driving and the Government’s response to those recommendations, announced last August. Those recommendations included proposals for law reform; increasing public awareness of aspects of the justice system; providing increasing information and support to victims of crime; and increasing the scope and power of the Sentence Administration Board.

The Council published a consultation paper and a call for submissions today. They want to hear from all interested members of the community, practitioners, institutional organisations, and agencies whose work is relevant.

The Council Chair will conduct direct consultations with agencies and organisations. The Council may also hold in-person sessions where people who have made written submissions may speak directly to the Council.

“The Council is particularly interested in hearing diverse perspectives on how best to address repeat offending and enhancing the safety of our community,” Lisbeth Campbell, LRSAC Chair, said. “Some of the most valuable insights to the matters canvassed in this consultation paper may come from community members.”

The consultation paper contains 16 questions directed to the referral’s terms of reference to help shape submissions:

• What is “dangerous driving”?
• What constitutes repeat dangerous driving and/or a “repeat offender”?
• What are your thoughts on the current framework of serious driving offences? Do you believe they adequately address the range of dangerous behaviours on the road?
• Are there any specific serious driving offences you believe should be introduced in the ACT?  If so, what specific situations or behaviours do you think are not adequately addressed, and what should be the maximum penalty for any new offence?
• Do you believe the current maximum penalties for driving offences are appropriate?  Why or why not?
• Do current ACT sentencing practices align with the stated legislative purposes of sentencing?
• Are there any specific aspects of sentencing practices in the ACT in the context of serious driving offences that need improvement or reform?  If yes, what are they and why?
• Are there any aggravating or mitigating factors specific to serious driving offences that should be given greater consideration during sentencing?
• Are there ways in which the Court could be better informed about the offender’s risk of reoffending at sentencing?
• What are the most pressing needs or gaps in existing ACT programs or initiatives aimed at changing dangerous driving behaviour, and how do you think these needs can be addressed?
• What should be the key priorities or focus areas for programs aimed at addressing the root causes of dangerous driving, and how can the community, government, courts and the justice system work together to implement effective interventions?
• How might offenders who are unlikely to be deterred by normal legal sanctions, or ‘high risk offenders’, be identified in the ACT?  
  What characteristics does such an offender have?  
  What interventions could be targeted towards this cohort with the aim of reducing further offending?
• Is the current ACT licence disqualification framework working to change dangerous driving behaviours for early-stage offenders?  How might this framework be improved?
• How can the justice system improve victims’ experience of, and their participation in, sentencing proceedings for serious driving offences?
• Are restorative justice procedures an effective part of the criminal justice system for serious driving offences?
• Should the broader impact of serious driving offences on the community, such as the impact to first responders and witnesses, be taken into account on sentence?  If so, how?

Submissions are due on 7 May. The Council will provide its recommendations to Mr Rattenbury by 30 July.