THIS PETITION IS BEING HELD OVER PENDING MEETING WITH ATTORNEY GENERAL'S CHIEF OF STAFF
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There are more cyclists killed ‘each year’ on Australia’s roads than military personnel during the whole of their deployment in Afghanistan:
Cyclists - 50 killed 'each year'
ADF - 41 killed over a 12 year deployment.
It could be said that it is more dangerous to ride a bike on our roads than fight in foreign wars with the ADF.
NSW Attorney General Brad Hazzard has rejected 8 proposals put to the Baird Government that would save the lives of cyclists on the roads and ensure natural justice for injured cyclists, the families of cyclists killed on the roads and ‘anyone’ who becomes enmeshed in the NSW justice system.
THIS PETITION TARGETS 3 CRUCIAL PROPOSALS PUT TO THE BAIRD GOVERNMENT WHICH IT HAS DISMISSIVELY REJECTED THAT WILL SAVE CYCLISTS LIVES ON THE ROADS AND REMOVE LEGISLATIVE OBSTACLES WHICH PREVENT INJURED CYLISTS AND THE FAMILIES OF CYCLISTS KILLED ON THE ROADS FROM ATTAINING A ‘FAIR GO’ THROUGH THE JUSTICE SYSTEM.
The Baird Government is turning a blind eye to the deaths of cyclists on the roads and also ignoring calls to amend legislation that clearly fails the ‘fair go’ test. The cycling community and the public at large cannot allow this to continue:
SO PLEASE SIGN THIS PETITION; CRUCIALLY INVITE YOUR FRIENDS AND CONTACTS TO ALSO SIGN. Nothing will change to make the roads safer or to improve justice until a great many people demand that Premier Mike Baird begins to reform ‘one-sided’ aspects of the NSW justice system by immediately implementing 3 of the 8 proposals already put to his government. They are:
- Replicate Dutch, Danish and German legislation that makes the motorist legally responsible for collisions with cyclists unless it can be proven that the cyclist’s riding behaviour caused the crash. Evidence in Australia is that vehicle drivers are responsible for 87% of ‘incidents’ involving cyclists and are at fault in 79% of cases. Cyclists are not blameless, evidence points to issues like inattentiveness, disobeying signs/lights, overtaking without due care, changing lanes and failure to keep to the left.
To stop cyclists being killed on the roads the Baird Government needs to introduce parallel legislation to make the vehicle driver responsible in the first instance for a collision with a cyclist and to make it a responsibility of the cyclist ride within designated road rules. If the cyclist fails to honour these rules then the motorist cannot be held responsible for causing an accident.
- Change Section 56 of the Crimes(Appeal and Review) Act 2001 (NSW) back to its original intent and permit appeals to go forward when there is a disagreement over a judgment that involves both ‘facts’ and the ‘law’. This Act was altered to restrict an appeal to matters of ‘law’ alone and was a blatant political strategy to reduce appeal court costs for the Government. Section 56 as it stands today clearly fails the ‘fair go’ test because it protects lawyers and magistrates from having their decisions challenged through the appeal court process over questionable ‘facts’ that have been presented to the court by a lawyer and accepted by a magistrate that has led to a disputed judgment. As a consequence injured cyclists or the families of cyclists who have been killed on the roads as well ordinary people facing the courts are stopped stone dead from being able to achieve a fair and impartial resolution of a disputed judgment through the appeal court. This problem is exacerbated for cyclists by lawyers and magistrates with scant knowledge about safe road riding practice which can lead to misleading ‘facts’ being accepted by the court which cannot be challenged under the present Act.
- Change The NSW Motor Accidents Compensation Act 1999 to ensure natural justice for the victims of traffic accidents and eliminate the current unprincipled alliance between the insurance industry, its lawyers and psychiatrists who are exploiting a device built into process to reduce payouts to victims. This Act fails the ‘fair go’ test by a big margin; it is a disgrace to the NSW justice system; a resolution can drag on for years; it is a ‘nightmare’ for the victims of road accidents; it further traumatises those that have lost a loved one in an accident on the roads; it dramatically reduces payouts to victims but is a money-go round for lawyers and psychiatrists. This Act needs to be eliminated forthwith and replaced with a process that enables a judge to determine compensation at the time a judgment is handed down not 4 of 5 years after an accident which is the case today. A recommendation on replacing this legislation is included in letters to the Premier.
The assumption that we have a justice system that upholds the principle of the ‘fair go’ is not supported by the evidence;an international agreement Australia has signed is the ‘right to a fair trial’ under the International Covenant on Civil and Political Rights 1966 (ICCPR) and it seems highly improbable that these two Act’s comply with this agreement. NSW Chief Justice has added fuel to the fire by admitting that our justice system is in ‘crisis’ that ‘only’ 35 per cent of the public have any confidence in the system; that Australia ranks 27th out of 36 countries in an international survey of public confidence in national criminal justice, so clearly there is a great deal be done to rebuild public confidence in justice. Implementation of these 3 proposals is only a start.
Today: Phil is counting on you
Phil Herd needs your help with “Premier Mike Baird: STOP CYCLISTS BEING KILLED ON THE ROADS AND REFORM LEGISLATION THAT UNDERMINES THE JUSTICE SYSTEM AND FAILS THE ‘FAIR GO’ TEST”. Join Phil and 575 supporters today.