Road Trauma Reform Manifesto

  • In the pursuit of justice and support for those impacted by the tragic loss of a loved one due to criminal acts on our roads, the Road Trauma Support Group NSW advocates for judicial reforms. Our commitment lies in establishing stronger deterrents and implementing systemic changes that provide unwavering support to individuals navigating the aftermath of such devastating incidents. Our reform agenda is founded on evidence-based research and lived experience. All are pragmatic, specific, achievable, relevant and urgently required to save lives.

  • We propose the development and implementation of a comprehensive, singular legislation dedicated to addressing road crime. This legislation should encompass a range of provisions specifically tailored to handle cases involving criminal acts on the road, accessorial accountability and recidivist driving offenders. This singular framework will streamline legal processes, ensuring consistency and fairness in the pursuit of justice.

  • A complete rewrite of minimum and maximum penalties and definitions of each key offence.

    - negligent driving

    - dangerous driving

    - aggravated dangerous driving

    - vehicular manslaughter

    These sentences should be proportionate to the severity of the offence in parity with other serious crimes. Importantly not enabling reductions due to age or guilty pleas when proof of crime is incontrovertible - sending a clear message that such actions will not be tolerated in our society. These should include a greater focus on and more punitive treatment for serious repeat offenders

    - licence suspension

    - means tested fines

    - driver retraining and relicensing

    - national offender register

  • Drawing inspiration from proven safety practices in workplaces and aviation. The Road Trauma Support Group proposes NSW introduce full transparent and nationally shared public reporting of road deaths. There is a need for a more comprehensive approach to investigating road deaths beyond the current focus on crash scene investigations and criminal proceedings. The proposed report would include in-depth analyses of incidents, causes, road conditions, and contributory factors, promoting transparency and collective commitment to road safety—this data and reporting to be shared nationally to inform road safety and funding. Individual names can be redacted not learnings.

  • We advocate for a paradigm shift in the language used to describe road incidents in all legislation and media reporting. The term 'accident' risks making crashes seem inevitable and unavoidable. Most often, these are NOT accidents but collisions that could have been avoided. We propose consistently calling road deaths caused by a criminal act of another "Vehicular Homicide". This change aims to accurately reflect the nature of these incidents and foster a mindset of social unacceptability for dangerous driving encouraging a generational change in road safety such as we have seen in attitudes to domestic violence and one-punch laws.

  • Recognising the profound emotional and psychological impact of road trauma, we call for the incorporation of victim impact panels as part of the sentencing process, especially for serious offenders and re-education of recidivists. These panels provide a platform for victims and their families to share the personal repercussions of the crime, fostering empathy and understanding while holding offenders accountable. Evidence supports significant reductions of recidivism with victim impact panels supporting offender rehabilitation

  • 6. Mandatory Alcohol Interlocks for all convicted drink driving offenders: Effective technology is affordable and proven effective. As a crucial step in preventing alcohol-related incidents on the roads, we advocate for the mandatory installation of alcohol interlocks for all individuals convicted of drunk driving. This proactive measure will contribute to the reduction of alcohol-related road trauma and influence public perceptions ensuring safer roads for everyone.

  • Reduced discretion, updated sentencing guidelines, transparency of reporting and of all decisions. Emphasising the importance of consistent and effective sentencing in the public interest, we urge enhanced monitoring and accountability mechanisms for the judiciary and ODPP. This includes regular reviews and transparency in sentencing decisions, ensuring that justice is served impartially and prosecuted effectively in alignment with the public expectations.

  • We call for the implementation of victim-centred support systems, including access to counselling services, legal and financial assistance, and community resources tailored to meet the unique needs of those affected by road trauma. Starting with road trauma victims being recognised in the Charter of Victims Rights. And including but not limited to an overhaul of the Compulsory Third Party Insurance Scheme to further enhance these support mechanisms, empowering victims, their families, loved ones and children for their long-term post-traumatic growth.

  • Prevention is paramount. We advocate for the development and implementation of long-term systemic educational programs aimed at raising awareness about the consequences of irresponsible road behaviour. This includes mandatory programs upwards from year eight in all schools, improved early driver training and effective campaigns to targeted to high-risk groups. By fostering a culture of responsibility, accountability and peer pressure, we strive to reduce the incidence of road trauma and create safer road environments for all. Empowering people and their peers to ‘speak up and step in’.

  • Transport Authorities have a general duty of care to members of the public to prevent against a risk of harm. We propose reviewing civil liability laws, systems, and processes for reporting to make road traffic authorities more accountable and transparent for seriously defective roads and dangerous spots.

  • Streamline the process for legislative and regulatory changes for vehicle safety standards to improve the uptake of new safety technology in Australia.

  • Building a collaborative network is essential for effective reform. We encourage the NSW Government to collaborate with relevant stakeholders, including law enforcement agencies for more visible Policing, legal professionals, healthcare providers, the insurance industry and community organisations. By fostering partnerships, we can create a holistic approach to addressing road trauma that encompasses legal, social, and public health perspectives.

  • The Road Trauma Support Group NSW urges the NSW Government to take a leading role in rapidly implementing these crucial reforms to make the Towards Zero initiative possible. By enacting a singular legislation, instituting mandatory minimum sentences, prioritizing victim-centred support systems, promoting educational initiatives, and fostering collaboration, we can collectively work towards a safer and more just society for all road users.