Andrews Government launches major review of drug driving laws

A legal loophole that allows drug drivers to dodge the same consequences as drink drivers is a step closer to be being closed after the state government launched a sweeping multi-agency review.

Reckless drug drivers face tougher penalties and more on-the-spot fines after police and magistrates demanded legal loopholes be closed.

Amid mounting pressure to crack down on drug driving, the state government has launched a sweeping multi-agency review that will present law change recommendations next year.

Premier Daniel Andrews confirmed on Tuesday that Cabinet would “soon consider a raft of other reforms and changes” to combat the issue, with drug drivers now almost surpassing drink drivers on the state’s roads.

Opposition Leader Michael O’Brien grilled the Premier in state Parliament about the issue after magistrate Frank Holzer said earlier this month that he was disappointed he could not jail a repeat drug driver.

“There’s a gap in the legislative regime where drug drivers don’t have the same consequences as drink drivers and I really hope that situation changes,” Mr Holzer reportedly said.

Mr Andrews initially suggested on Tuesday that Victoria Police, the Transport Accident Commission and the Department of Justice and Community Safety would likely give “due consideration to the commentary provided”.

Police test for drink and drug drivers. Picture: Mark Stewart

He later confirmed that there was “work being done by a number of different agencies” which would “address the issues that the Leader of the Opposition highlights”.

“Make no mistake, the government will have more to say in due course,” Mr Andrews said.

On average, police catch a drug driver every 18 times they do a test, compared with one in 400 for alcohol.

But Chief Commissioner Graham Ashton has expressed concerns about the “very convoluted, expensive” drug testing process.

“We are keen to do more on-the-spot infringements and then deal with the testing when they are challenged, much as we do with the alcohol screening environment. I think if we can get those changes, we will be able to dramatically uplift the drug-driving numbers,” he told a parliamentary inquiry recently.

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“We have a process currently where we have got to send every sample off for testing … and we wait for the result of that testing. But what we are looking for is to be able to have that presumptive result acted on.”

Mr O’Brien has also been pressuring the government to bring drug driving penalties into line with drink driving.

“Labor has taken too long to act. Too many lives have been lost. Daniel Andrews must act urgently on calls from the Victorian judiciary to increase the penalties for drug-driving in Victoria,” he said.

@tminear