Referral to the Victorian Law Reform Commission pursuant to section 5(1)(a) of the Victorian Law Reform Commission Act 2000
Review of Serious Driving Offences
In Victoria, offences under the Crimes Act 1958 (Vic) criminalise driving which causes a person’s death or seriously injures them. Specific driving offences include culpable driving causing death (i.e. driving which is negligent, reckless or under the influence of drugs or alcohol), dangerous driving causing death and dangerous driving causing serious injury (‘serious driving offences’).
Other Crimes Act offences against the person have also been used in serious driving cases where conduct endangers life or causes injury. The Road Safety Act 1986 (Vic) contains offences relating to dangerous and careless driving.
Serious driving offences are positioned in a hierarchy of severity with reference to both harm caused and degree of culpability. The Victorian Law Reform Commission is asked to review and report on whether the current serious driving offences framework under the Crimes Act is fit for purpose. The review should identify whether the scope, elements and interrelationship of the serious driving offences are clear, technically sound and appropriately reflect the levels of culpability and range of consequences of poor driving.
In particular, the review should consider:
- whether the current serious driving offences appropriately criminalise the range of driving conduct that causes serious injury or death
- whether the scope and elements, including the heads of culpability (i.e. ‘culpable’ c.f. ‘dangerous’) for the serious driving offences are well understood, clear and distinguishable
- sentencing practices and available sentencing options for serious driving offences, including whether they are in line with community expectations, and
- how the serious driving offences framework could be strengthened to promote offender responsibility and better accord with community expectations, including:
– consideration of any aggravated forms of offending, and
– suitability of a mid-tier offence in circumstances where driving is not dangerous but causes a person’s death or seriously injures them.
In conducting this review, the Commission should have regard to:
- driving offences in the Road Safety Act to the extent they are necessary to determine the adequacy of the serious driving offences framework in the Crimes Act
- the current use of general offences (such as negligently causing serious injury) to criminalise driving that causes death or serious injury or endangers life or persons
- these general offences to the extent they are relevant for reviewing the hierarchy of driving offences and appropriate maximum penalties, and
- similar serious driving offence frameworks in other jurisdictions in Australia.
The Commission is asked to deliver its report to the Attorney-General by 31 March 2028.
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