Porter v Commissioner of Police

[2010] QDC 274

DISTRICT COURT OF QUEENSLAND

CITATION:

Porter v Commissioner of Police  [2010] QDC 274

PARTIES:

SHANE ADAM SAMUEL PORTER
(Applicant)

v

THE COMMISSIONER OF POLICE
(Respondent)

DIVISION:

Civil

PROCEEDING:

Application to remove an absolute disqualification.

FILE:

116/2001

ORIGINATING COURT:

Beenleigh District Court

DELIVERED ON:

18 May 2010

DELIVERED AT:

Beenleigh

HEARING DATE:

18 May 2010

JUDGE:

Dearden DCJ

ORDER:

Application granted.

Order that the absolute disqualification imposed on 24 October 2001 in the Beenleigh District Court, be removed as from 18 May 2010.

CATCHWORDS:

APPLICATION – removal of absolute driver licence disqualification – s131(2) Transport Operations (Road Use Management) Act 1995.

LEGISLATION:

Transport Operations (Road Use Management) Act 1995 (Qld)

CASES:

Tabakovic v Commissioner of Police [2009] QDC 191

COUNSEL:

Applicant self represented.

Ms. K. Boileau (Acting Legal Officer) for the respondent.

SOLICITORS:

Applicant self represented.

Queensland Police Service Solicitor for the respondent.

HIS HONOUR: This is an application pursuant to section 131(2) of the Transport Operations (Road Use Management) Act [1995].  The applicant, Shane Adam Samuel Porter applies to remove an absolute disqualification imposed in this Court by Judge Nase on the 24th of October 2001, arising out of a dangerous driving or, dangerous operation charge, with a circumstance of aggravation. 

The applicant has now spent a period of some eight and a‑half years absolutely disqualified and, perhaps, unsurprisingly, indicates in his relatively brief material, that the lack of a licence creates difficulties, both in terms of potential employment (he attests to currently being on the pension) as well as issues such as assisting with the care of and various family matters relating to his eight year old son who, again, (unsurprisingly) needs to be got to appointments, including doctors, child safety, Mental Health, sport and school.

The Commissioner of Police (represented in these proceedings by Ms Boileau) has provided lengthy and helpful submissions dealing both with the relevant legislative and case comparatives in precedents, and an analysis of the material that's been provided. 

I accept the concerns that have been raised by the Commissioner of Police, in particular, the issues raised by the applicant's criminal history, which has extended some years past the absolute disqualification, imposed together with a goal sentence on 24 October 2001.  However, as effectively, the Commissioner acknowledges, those matters (being drug matters primarily) were relatively minor, judging by the fines imposed, and the last conviction of any kind occurred on 21 April 2006 (more than four years ago) in respect of offences occurring on the 16th of March 2006. 

There was one other issue of concern which was an entry on the applicant's traffic history relating to an offence of driving under the influence of liquor for which he was fined on 11 September 2008.  In respect of that, the affidavit of Mr Porter, which I'll mark Exhibit 2 in these proceedings, sworn 23 April 2010, indicates that this was a conviction that arose from the riding of a bicycle, rather than the driving of a motor vehicle of any sort, and although unfortunate, does not seem to me to be a disabling matter in respect of the issue of this application for the removal of an absolute disqualification.

In addition, the applicant, Mr Porter, has provided a copy of an order made in the Magistrates Court in March of 2010 which removes the absolute disqualification imposed on him on 26 October 1994, and so his application before this Court which relates only to the absolute disqualification on 24 October 2001, is the only impediment to the return of his licence. 

Having considered the matter carefully, and accepting the force of the submissions made by Ms Boileau that there is relatively scant material from the applicant, it still seems to me to be a matter, particularly given the lengthy period of time which has now elapsed, in which the Court can be satisfied of the relevant matters for which it has to be satisfied, pursuant to section 131(2C) of the Transport Operations (Road Use Management) Act, namely, the character of the person disqualified, their conduct subsequent to the order, the nature of the offence and the other circumstances of the case. 

In all of the circumstances, and adopting Ms Boileau's submission (drawing on the comments of Judge Robin  QC in Tabakovic v. Commissioner of Police [2009] QDC 191), it does seem to me that the applicant has suffered "… a sufficiently lengthy deprivation of the ability to drive to satisfy the community's demand for punishment.".

I might also note, in addition, that, of course, there's a significant community interest in the safety of all road users which is met by a lengthy (and at times permanent) disqualification which removes a driver from lawfully driving on the roads until, or unless, such time as the community, through this Court, can be satisfied that the driver in question is prepared to conduct themselves in accordance with community expectations.  In particular, recognising the mutual importance of the safety of the community and the safety of the driver themselves. 

In all of the circumstances then, the application is granted and I order that the absolute disqualification imposed on 24 October 2001 in the Beenleigh District Court, be removed as from 18 May 2010.