Huge change coming for families of loved ones killed in road crime

One state is introducing legislation to offer better support for families who have lost loved ones to road crimes – but some say it’s not enough.

NSW families who have lost loved ones to road crimes will now have extra support as they try to cope with the loss – but some say it’s not enough.

Under the Victims Rights and Support Amendment Bill, family members of a person killed in a car crash where someone has been charged in relation to the crash will have access to 22 hours of counselling through the Victims Support Scheme.

Counselling will also be offered even if charges haven’t been laid because the offender died, cannot be located or there is sufficient evidence to establish that an offence had occurred.

Duncan Wakes-Miller’s son Barney was killed in a car crash in July 2020. Picture: Sam Ruttyn

Barney died after a drunk-driver crashed into a wall. Picture: Supplied

While the legislation is welcomed by many, for people like Duncan Wakes-Miller, who lost his 17-year-old son in a drunk-driving-related crash, it’s not enough.

In July 2020, Barney was killed when a teenage drunk-driver crashed into a sandstone wall at speed. The then 17-year-old driver, who was on P-plates, pleaded guilty to a charge of dangerous driving occasioning death and received a 21-month good behaviour bond.

Following his son’s death, Mr Wakes-Miller has advocated for tougher penalties, including stronger deterrents, better education and more support for victims.

As part of the new legislation, the NSW government will offer families impacted by road crimes counselling to help them navigate their loss. Further counselling can be given to those if approved by the commissioner of victims rights.

Leanne Shanahan and Mr Wakes-Miller both lost their sons in car crashes. Picture: Julian Andrews

While Mr Wakes-Miller has welcomed extra counselling for families of victims, he said the legislation was akin to “moving the issue from one tray to another”.

Speaking to NewsWire, he argued the Attorney-General Michael Daley was dragging his feet on the election commitments he promised to families.

“What (Attorney-General Daley) is doing is wonderful, but this doesn’t really change much,” he said, arguing there wasn’t anything done to address the classification of road crimes.

Currently, most incidents involving cars and motor vehicles are excluded from “acts of violence” under the Victims Rights and Support Act, something Mr Wakes-Miller wants to change.

“Victims of crime, whether it’s murder through a bat, a gun or a car, should be (treated) the same,” he said. “If you kill someone with a gun, it’s different than if you kill someone with a car.”

Counselling will be offered to the families of victims of road crime. Picture: NewsWire / Monique Harmer

On Wednesday morning, Mr Daley said in a statement the “legislation delivers on our election commitment to offer grieving families the counselling support that they deserve”.

“When we make this change, family victims of road crimes will be able to access critical mental health support through the Victims Support Scheme.

“We have listened to the community and delivered legislation that will make a real difference.”

In 2024 so far, 294 people have been killed on NSW roads, a statistic higher than the same time last year.

According to the Australian Road Safety Regulation, the economic cost of road crashes is estimated to bet more than $27bn annually.

Originally published as Huge change coming for families of loved ones killed in road crime