Banned drivers: Opposition calls for end to secret ‘royal pardon’ practice
THE state’s archaic system of awarding royal pardons in secret mainly to banned drivers should be overhauled, opposition attorney-general Paul Lynch said yesterday.
NSW
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THE state’s archaic system of awarding royal pardons in secret mainly to banned drivers should be overhauled, opposition attorney-general Paul Lynch said yesterday.
Mr Lynch called for the ancient practice of exercising the “Royal Prerogative of Mercy” to be referred to the Law Reform Commission to see how it can be made more transparent.
The Daily Telegraph revealed yesterday that the system established hundreds of years ago in Britain to commute death sentences and transportation to penal colonies had been hijacked by disqualified drivers.
Since January 2016, of the 85 applications for royal pardons, 71 were made by banned drivers and 18 were granted.
Mr Lynch said the names of those pardoned should not be secret.
“As a matter of general principle it seems good public policy for there to be greater transparency around the exercise of the prerogative,” Mr Lynch said.
A pardon means that convictions are deemed to be “spent” and do not have to be declared when applying for jobs including working with children or driving work.
Last month new laws made it possible for banned drivers who want their disqualification periods reduced to apply to a local court if they have done the right thing and adhered to their suspensions.
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“No disqualified driver ever convicted of the most serious driving offences, including those involving death or grievous bodily harm, predatory driving or intentional menacing driving, will be eligible to have their disqualification periods lifted early,” Attorney-General Mark Speakman said.
The system of royal pardons is enshrined in the Constitution Act (NSW) 1902 as well as in the Australia Act (1986).
Victims advocate Howard Brown said people who should not be on the road are applying for pardons.
“I am aware of a number of people who have been disqualified from driving until up to 2032,” Mr Brown said. “Clearly they have no capacity to drive even a bar of soap around a basin and ... these people are ones who make applications for pardons.”