Government told to adopt Walker's Law negligent-driving charge

Queensland does not have a negligent-driving charge, only careless-driving charges.

Committee chairman Shane King, Labor’s Member for Kurwongbah, explained the decision to introduce a new change of negligent driving after receiving submissions from many families who had lost loved ones from what they described as negligent, rather than careless driving.

Mr King told Fairfax Media the committee accepted the view of families who came to the public hearing that "there was too big a gap" between the driving without due care and attention charge and the dangerous-driving charge.

Mr King said the government's proposed changes do provide a "new tier of charges", but it is not explained well enough in the bill.

"We were listening to the people," Mr King said.

"And the people on that day, well their views came through very strongly on the day," he said.

Mr King said the financial, prison term and licence disqualification penalties have all gone up.

"But the people who came along and spoke from the heart; we wouldn't be doing them any justice if we didn't recommend this change," he said.

"It's an appeal to the minister, rather than telling him he has to. But we're appealing to him, saying have another look at it. These people really want it."

The transport committee also proposes that if a driver is convicted of careless driving, where a person is killed or suffers grievous bodily harm, the driver loses their licence for six months.

That six-month minimum disqualification is supported by the Department of Transport and Main Roads.

In New South Wales – which has a negligent-driving charge – a driver found guilty faces nine months’ jail if a person is seriously injured and 18 months jail if a person is killed.

In Queensland the proposed careless-driving charges allows a maximum of two years jail if the person causes death, or grievous bodily harm, and the driver was unlicensed.

If the driver was licensed, a person could receive one year’s jail. However, they are convicted of careless driving, not negligent driving.

During the committee’s hearings it heard from the families of the Walker family near Maryborough, where Bundaberg mother Kerri Walker lost her children Daniel and Sarah Walker in an accident last Easter.

Ms Walker also recommended people convicted of careless driving where a person is seriously injured or killed must be tested to get their licence again, not simply reapply.

“They need to learn to drive again. We have to start with the idiots behind the wheel. These people need to be re-educated. We have to make sure that they can drive and know the road rules before we put them back on the road,” Ms Walker said.

It was the petition started by Ms Walker and good friend Trish Mabley that attracted more 8000 signatures.

The committee also heard from the family of Audrey Anne Dow, killed in 2013 when the car she was driving was hit by a car driven by a disqualified driver.

In March 2015, the Queensland Coroner’s Office investigated her death and recommended for the first time that a new charge of negligent driving be introduced.

“Since our mother’s accident we have become acutely aware of the gaps in legislation in Queensland with a number of other families who have also had family members killed or injured in similar in road accidents involving suspended and/or reckless drivers,” the Dow family said.

“These families no doubt felt similar sickening anguish when realising that the person responsible would simply receive a nominal fine rather than a custodial sentence.”

The committee did not support mandatory prison for a person found guilty of careless driving or negligent driving where a person is killed or injured.

The Queensland government on Monday said it would now consider the committee report.

“The government will consider the recommendations of the report in consultation with stakeholders, including affected families.”