Blake Corney death inspires ACT Legislative Assembly road safety bill

The tragic death of a Canberra child has inspired a proposal to prevent dangerous drivers from getting behind the wheel. Find out what’s on the table.

A bill to tackle Canberra's problem drivers includes a proposal inspired by the tragic death of Blake Corney. Picture: Julia Kanapathippillai/ Supplied

The tragic death of a Canberra child has inspired a plan to stop truck drivers who are unfit to drive from getting behind the wheel.

Four-year-old Blake Corney died in July 2018 after a truck driver, who had recently been referred to a sleep laboratory due to suspected sleep apnoea, ploughed into his parents car on the Monaro Highway.

Livas was sentenced to over 3 years jail after pleading guilty to culpable driving causing death.

Last month Blake’s father Andrew Corney joined fellow grieving parents to call for increased penalties for dangerous drivers.

“I can speak as a parent when you’ve seen the inside of your son’s own skull and worn his brains all over you that is not a happy experience,” Mr Corney said in October.

Andrew Corney, father of Blake Corney, says the court system "failed" his family. Picture: Julia Kanapathippillai

“The process that we went through in the courts, the sentencing administration board, corrective services to me failed us.”

The proposal, which is part of a bill targeting problem drivers tabled at the ACT Legislative Assembly by Transport and City Services Minister Chris Steel, would make it mandatory for doctors to report information relating to patient’s fitness to drive to the Road Transport Authority.

The bill will also make reforms allowing the RTA to share information about an interstate licence holder’s fitness to drive.

In November 2021, during the coronial inquest into Blake Corney’s death, coroner Lorraine walker recommended doctors share information about their patient’s fitness to drive more openly.

Targeting problem drivers

The Road Safety Legislation Amendment Bill 2022 seeks to give police more powers to impound vehicles, cancel licences and would create new laws to target offenders.

This includes a proposal to create a new offence – trespassing in a motor vehicle.

ACT Attorney-General Shane Rattenbury said this new offence would address a “gap in the law” where police officers could prove someone was in another person’s car but could not prove they had stolen the car.

“This offence recognises that unauthorised entry to a motor vehicle is unacceptable and wrong, and there needs to be a legal response,” Mr Rattenbury said.

ACT Attorney-General Shane Rattenbury said proposed new laws to target problem drivers would address "gaps" in legislation. Picture: Julia Kanapathippillai

If passed, the bill will require police officers to immediately suspend the licence of anyone caught driving over 45 km/h over the speed limit.

Additionally, anyone convicted of speeding over 45km/h over the limit would have their licence immediately disqualified.

The bill proposes to increase the period police officers can seize a vehicle from 10 days to 30 days.

For charges relating to street racing, the bill proposes to introduce prison time as a sentencing option for repeat or aggravated offences.

If passed, the bill would also increase the range of driving offences that could result in an alleged offender being classed as a repeat offender.

Mandatory Minimums off the table

When asked why the government was not considering introducing mandatory minimum sentences for certain driving offences, which has been advocated for by some grieving families, Mr Rattenbury said it was important to uphold judicial discretion.

“When we see these kinds of incidents we see an enormous breadth of circumstances from those who are most culpable — who deliberately target police, (who) drive with drugs in their system,” he said.

“On the other end of the spectrum we do see incidents with very serious consequences — possibly death — where the culpability is lower.

“We want our judicial officers to have their discretion.”

Police and Emergency Service Minister Mick Gentleman said in a message to dangerous drivers that “enough is enough”.

“It’s not just the victims of your driving and their families who are paying the price,” he said.

“First responders are being asked to bear the extraordinary burden of supporting victims, witnesses, families, and colleagues.”