Ivan Dean MLC 

Legislative Council

Seat: Windermere
Party: Independent


Wednesday 22 November 2006

MARINE SAFETY (MISUSE OF ALCOHOL) BILL 2006

Mr DEAN (Windermere ) - Mr President, I want to add a little to some of the issues that the member for Nelson has covered. I am not quite sure why the drug issue has not been incorporated into this legislation because it was seen fit to use it and bring it in for people driving motor vehicles. There is evidence to show that there are people driving vehicles whilst affected by drugs and I suspect there would be evidence to show that people have been operating vessels whilst affected by drugs as well. We know that with drugs and alcohol there are similar consequences and I am just wondering why we have done this the way that we have.

The other issue that I wanted to raise was in relation to the operators of vessels. With a vehicle it is quite easy normally to determine who the driver of the vehicle is as vehicle drivers do not change around. Normally it requires a vehicle to stop for a driver to change positions. Not always. During my career as a police officer, I experienced on many occasions drivers changing over whilst the vehicle was moving and it is normally quite easy to see but far more difficult to do. With a vessel it is much easier and I give the example here of my three sons, all with a boat licence, and myself regularly using a vessel over the Christmas period and swapping around all the time. Nobody really has charge of the vessel. It is a vessel operated by three.

Ms Thorp - That is a most unusual arrangement. Usually there is a skipper who is clearly the skipper.

Mr DEAN - No, I would suggest -

Mr Aird - Wouldn't there be a chain of command with you on board?

Mr DEAN - You are right. Age comes into it, I suppose.

Ms Thorp - And skill and experience.

Mr Aird - I cannot imagine you being pushed around by your sons.

Mr DEAN - I would suggest the member has not been on boats all that much to make that sort of comment because it is a very regular occurrence for boat operators to change around on a very regular basis and mine is just one example. I think it will be difficult, Mr President, in some situations to determine who the operator of a vessel is. It will be interesting to see where that goes in due course.

The law that currently applies to vessels is that you must be under the influence of alcohol to create any offence and similar legislation applied to vehicles a long time ago until the introduction of the 0.08, later amended to 0.05, legislation. It is necessary legislation.

Mr Wilkinson - Police and animals were the case that caused the change.

Mr DEAN - Is that right?

Mr Wilkinson - A fellow got out of the car and was obviously drunk and because they did not formally believe that he was intoxicated at the time of driving and that he had finished driving the legislation was changed.

Mr DEAN - Thank you very much for that enlightening information. There is an inherent difficulty in proving that people are under the influence of alcohol whilst operating a vessel or a vehicle. It is not an easy thing to do. A person can be drunk but then they can also exhibit having some control of the vehicle or vessel that they are in charge of and so this legislation is very important in my view. We also know very well that where alcohol and drugs are involved people make rash decisions. They do not think straight. They do not react quickly. They become more daring and they do all of those things that they ought not do, which endangers not only themselves but others on board.

I believe this is a very responsible way to go. I commend the Government and the people who have worked on this legislation. It mirrors in many respects the Road Safety (Alcohol and Drugs) Act 1970 and that is a good position to adopt because that legislation is in place, it has been tested over a long time and there are very clear positions on it. We need legislation that can be enacted quickly and legislation that is going to be strong and that will work. Therefore I think identifying it with that act is certainly a good way to go.

There are a lot of people calling for this. There is a lot of evidence to show that alcohol has been involved in a lot of drownings and a lot of boating tragedies, Mr President, so I think this will appease many people. I simply stand to support the Government on this and I will be supporting the legislation. I would have liked to have seen those two issues addressed, particularly the one on drugs which to me is an important one. The Leader may be able to advise us why that has not been incorporated into this bill and whether there will be a move in the future to look at this. I would like to know that and the question has been asked.


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