The Liberal-National Government's police pursuits legislation today passed State Parliament without amendments, giving police who engage in emergency driving greater legal protection as well as increasing penalties for those who engage in reckless driving while evading police.
Police and Road Safety Minister Liza Harvey said the defence for police in the State Government's legislation was the strongest of its kind in Australia.
"I am extremely pleased this legislation has passed and the State's police officers who engage in emergency driving will now have the legal protection they deserve," Mrs Harvey said.
"This is another instance of the Liberal-National Government's commitment to ensuring our officers' wellbeing and community safety is put first."
The Minister said for the defence to apply, the officer must be:
driving on official duty as a member of WA Police
acting substantially in accordance with the Police Commissioner's policy and guidelines relating to the driving
driving reasonably in the circumstances and in the public interest.
Mrs Harvey said that importantly the defence was in addition to existing general defence, and would ensure police officers who in good faith, followed the rules, would not face prosecution.
"Where the elements of this defence appear to be present following the internal investigation, which occurs after any crash involving police, the officer will generally not face the prospect of charges, and will not have to deal with the stress and worry of legal proceedings," she said.
The Minister said the legislation also increased penalties, including mandatory jail terms, for drivers who killed or injured road users or drove recklessly while fleeing police.
This includes a mandatory minimum 12-month jail term for a driver who sought to escape a police pursuit and engaged in dangerous driving which caused death or serious injury.
In addition, Mrs Harvey said the legislation would introduce a mandatory minimum six-month jail term for offenders who engaged in dangerous driving causing bodily harm or reckless driving while being pursued by police.
"This legislation reflects the seriousness of such behaviour and the often tragic consequences that can occur as a result of the reckless and irresponsible actions taken by drivers fleeing police," she said.
"These people need to be taken off our roads and put behind bars for the safety of the community."
The Minister said other changes to the Road Traffic Act included a mandatory fine of $5,000 and a mandatory two-year licence disqualification, as well as the potential of up to two years' jail, in circumstances where a driver failed to stop when called upon to do so by a police officer. The current maximum penalty for failing to stop when requested by a police officer was a fine of $300 for a first offence.
Fact File
Reckless driving is wilfully driving in a manner inherently dangerous to other road users. It includes driving 45kmh or more over the speed limit
Dangerous driving is driving in a manner that is, having regard to all the circumstances, dangerous to the public or any person
Police officers are subject to stringent guidelines issued by the commissioner which govern when they may commence a pursuit or other forms of emergency driving
The guidelines require police officers to use appropriate classes of vehicles; conduct continuous risk assessments (e.g. driving through an intersection); and remain in communication with Police Operations Centre throughout the relevant driving
Minister's office - 6552 5900
