- ‘Kelly’s Law’ has passed State Parliament strengthening penalties for dangerous driving offences
- Extending the disqualification notice provisions to all traffic offences that carry a licence disqualification penalty will keep reckless drivers off the roads
- The legislation was championed by the family of hit and run victim Kelly T’Hart
The Cook Labor Government is enhancing safety for Western Australian road users by strengthening laws that keep dangerous drivers off roads across the State.
‘Kelly’s Law’ has passed State Parliament, triggering changes to the Road Traffic Act 1974 to expand licence disqualification provisions.
The legislation was championed by the family of Kelly T’Hart, who was tragically killed by a drunk driver in 2024.
Kelly, 32, was walking in Furnissdale when she was struck by a vehicle. The driver had been drinking and left without stopping to check on Kelly’s condition or call triple zero.
Despite facing serious driving charges, the offender was allowed back on WA roads, and was seen weeks after the fatal crash driving on the street where Kelly’s family lives.
The legislative changes will ensure drivers facing serious driving charges are not able to get back behind the wheel before facing court for the first time.
The law has also given the courts more power to extend licence disqualification until the case is finalised with sentencing.
Until now, disqualification notices were only available for some alcohol and drug offences and lasted for two months. However, any driver who commits a serious offence would have their licence suspended.
Disqualification notice provisions are now extended to all offences that carry a disqualification penalty, including:
all drink and drug driving;
reckless and dangerous driving;
high-level speeding; and
hit and run offences.
The law is expected to be in operation early 2027.
Comments attributed to Road Safety Minister Jessica Stojkovski:
“The family of Kelly T’Hart not only endured a significant and heavy loss, but also the continued trauma of knowing it could happen to another family while their daughter’s hit and run driver was still driving.
“There’s no question that those who put lives at risk by driving dangerously, under the influence or leave the scene of a crash should be immediately banned from our roads.
“This law will help protect WA road users by ensuring drivers facing serious driving charges are not able to get back behind the wheel before facing the courts and give courts more power to extend licence disqualification periods.
“The T’Hart family should be commended for making sure that no other family experiences the distress they went through.”
Comments attributed to Police Minister Reece Whitby:
“Kelly’s Law will give WA Police stronger powers to disqualify drivers across a broader range of serious offences, helping prevent further harm while court proceedings are underway.
“I want to acknowledge Susan T’Hart and her family, whose determination has helped bring about these important changes.
“While nothing can undo the devastating loss of Kelly, her family’s advocacy will help make our roads safer for other Western Australians.”
Comments attributed to the T’Hart Family:
“We would like to say thank you to the Cook Labor Government for acting swiftly on Kelly’s Law and keeping their promises to keep WA roads safe.
“Immediate consequences for illegal actions on our roads are a deterrent to offenders and provide confidence to the families of victims that they will not have to see the people that have harmed or killed their loved ones driving.
“A very special thankyou to all those that have made Kelly’s Law possible and for the care and support that has been shown to our family.”
