LEGISLATIVE COUNCIL: Wednesday, 25 May 2005

KAPUNDA ROAD ROYAL COMMISSION\TOC\2\KAPUNDA ROAD ROYAL COMMISSION

\IND\Question:nn:The Hon. IAN GILFILLAN The Hon. IAN GILFILLAN: I seek leave to make an explanation before asking the Minister for Industry and Trade, representing the Attorney-General, a question about the Kapunda Road Royal Commission.

Leave granted.

The Hon. IAN GILFILLAN: I hope the Hon. Mr Cam­eron is listening, because he usually interjects so much that he misses the point. On the first day of the Kapunda Road Royal Commission it was quite clear that there was dis­appointment from the cycling community that there was nothing in the terms of reference that allowed the commis­sioner to make any recommendations about improv­ing the safety of cyclists in South Australia. I raised this matter with the commissioner in the open hearing and he replied (and I am quoting directly from Hansard):

Mr Gilfillan, the terms of reference are not for me to fix. As the commissioner, it is the terms that bind me as to what I can inquire into and what I can’t and what areas I should deal with. I advise the government in accordance with those terms. It is for the government to determine how wide the terms should be and on what questions my advice is sought. However, as with the victims’ impact statement matter, it is a matter in which an address should be made to the government concerning whether the terms should remain as they are, or be extended and the time extended and so forth. I appreciate the concern and the regard expressed by you on behalf of the cyclists of South Australia in respect of the commission, and I can understand the concern that your association expresses in relation to the precarious position of cyclists on the road.

Accordingly, I wrote to the Attorney-General on Friday 13 May specifically requesting that he include the following in the royal commission’s terms of reference. It is proposed paragraph 10, and I quote from what I wrote to the Attorney as an extra term of reference applying to the commissioner:

You may include in your report recommendations arising from your findings as to such reasonably practicable reforms of any law, practice or procedure that will enhance or improve the safety of cyclists on public roads in South Australia.

To date, the only response has been from the Attorney-General’s office indicating that my request had been received, and that was some three days after my sending it. It is clear with the time frame that the clock is rapidly ticking towards the end of this Kapunda Road Royal Commission, and my questions, through the minister to the Attorney-General, are:

1. When can the cyclists of South Australia expect a response to my request for the terms of reference to be extended by the inclusion of proposed paragraph 10?

2. If the Attorney-General believes in the safety of the cyclists of South Australia (and it is pretty hard to think that, as a dedicated life cyclist, he would not) and that this matter should be addressed, why does he not immediately add to the terms of reference the recommended paragraph 10 and give the commissioner the time to consider it?

\IND\Answer:nn:The Hon. P. HOLLOWAY The Hon. P. HOLLOWAY (Minister for Industry and Trade): I will refer that question to the Attorney-General and bring back a response. However, I make the observation that I would not have thought that there has ever been any question in relation to the issues that are being looked at in respect of what is being called the Kapunda Road case that there was any contribution in any way to those events as a result of the cyclist. Rather, the issues that need to be examined were the conduct of the case against the person who was prosecuted for causing that death, and the issues that were related to the motorist concerned. Whether a royal commission that is looking into those legal aspects is an appropriate place to look more generally at issues of cycling safety is, I think, a moot point.

515 I assure the honourable member and all the cyclists of this state that this government takes the safety of cyclists very seriously. However, I do not think that having a royal commission to specifically look at aspects of how a court case was conducted is necessarily the best way to improve cyclists’ safety. They are just my own personal comments; it is really a matter for the Attorney-General to consider, and I will pass the question on to him.

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BICYCLES\TOC\2\BICYCLES

\IND\Speech:nn:The Hon. IAN GILFILLAN The Hon. IAN GILFILLAN: On Monday 7 May this year 4 000 cyclists gathered in Victoria Square and rode or walked their bikes in silence to Parliament House in honour of Ian Humphrie who was killed on the Kapunda Road in November 2003. These cyclists had several issues on their mind as well as paying respect to Ian Humphrie on his tragic death. Driver education is the key issue with cyclists. We believe—and I include myself in this category—that we are legitimate road users and entitled to ride in safety. It is galling to see vehicle advertising that shows cars as `freedom machines’ and `manhood extensions’, and we believe that this advertising should be tempered with sober road safety campaigns that stress that cars are purely a means of getting from A to B.

It was unfortunately significant that the Minister for Industry and Trade (in answer to my question earlier) made it plain that, in his view—and I assume the government’s—there is no role for the royal commission to look at road safety in its inquiry into the death of Ian Humphrie. I can assure the government that that is certainly not the opinion of those 4 000 cyclists and the many other thousands of cyclists in South Australia. We believe it is possibly the first chance where there has been a specific opportunity for an independent, competent authority to look at what really can make a difference in the long term for the safety of cyclists in South Australia. So, the extra paragraph in the terms of reference, `You may include in your report recom­mendations arising from your findings as to such reasonably practicable reforms of any law, practice or procedure that will enhance or improve the safety of cyclists on public roads in South Australia’ would fit that bill.

It was a blatant and callous insult, if the minister was speaking as a result of a deliberation of the government, that the only aim of this royal commission is to conduct a witch-hunt on what happened in a case some years back relating to a tragic accident when a cyclist was killed on the road. I can assure you, Mr President, through this contribution, that the cyclists of South Australia will not be pleased and gratified that the government has placed this restriction on its area of interest in exploring the tragic circumstances surrounding that death.

Mr President, in relation to a matter that I have raised with you on several occasions—that is, the provision of appropri­ate parking facilities for bikes outside the front of this building—it is becoming more and more prevalent, and I recommend that you look out of one of the windows of your white car and see how prolific the quite attractive cycle parking facilities are in many of the prestige buildings in Adelaide. They are not an eyesore; they are a basic essential if we are to show ourselves as a parliament that really does care about cyclists. Several people have visited me in this place on business and they have found it an embarrassment and awkward that they were unable to park their bikes in an appropriate parking facility.

The Hon. J.F. Stefani: One had it pinched.

The Hon. IAN GILFILLAN: I am told by my colleague Julian Stefani that one had his bike pinched. That is absolute­ly deplorable for a parliament and a government that believes we are encouraging cycling in South Australia. On the bright side, it is nice to be able to report that the Adelaide City Council’s City Bikes project is up and away, and quite soon I will be availing myself of this opportunity. The City Bikes scheme allows any one of us two hours’ free bike hire for use anywhere within the city limits, and one can hire the same bike for an extra period of time.

The Adelaide City Council is putting its mouth where its intention and heart is to support cycling in South Australia. I hope that example will be picked up by a government that has several of its members who pose as being cyclists and as being keen on cycling safety and cycling amenities. It is about time, Mr Acting President, that you urged the genuine article, the President, to push for proper bicycle parking facilities outside the front of this building. I can assure you, sir, that you will achieve immortal fame if, in your role as Acting President of this chamber, you can say, `I got them there.’ I promise you that I will park my bike there and say, `Thank you, Acting President.’

Time expired.