Kelly's Law: New Legislation to Keep Dangerous Drivers Off the Roads Before Court
New laws designed to keep drivers charged with serious traffic offences off the roads until they face court will be introduced to Parliament this week. Named Kelly's Law in honour of Kelly T'Hart, who was killed in a hit-and-run near Mandurah in 2024, the legislation aims to increase the disqualification period for such drivers to three months and until a judge can decide whether to extend it further.
A Tragic Incident Sparks Change
Kelly T'Hart, aged 32, was fatally struck by a drunk driver just 900 metres from her Furnissdale home in May 2024. The driver, Maddison Peace Bain, has since pleaded guilty to killing a pedestrian and driving under the influence, with charges of failing to stop and render assistance or report the crash withdrawn by police. Bain is due to be sentenced this year.
Despite the serious charges pending against her, Bain was able to return to driving only two months after the incident. According to Susan T'Hart, Kelly's mother, this allowed the driver to frequently pass through their street after the initial disqualification expired, causing immense trauma to the grieving family.
Family's Heartbreak and Advocacy
Susan T'Hart described the experience as horrific, stating that seeing the accused driver so close to their home compounded their grief. "It's been horrific, I can't even probably be able to describe what it feels like when you lose a loved one and you're going through all that grief and there isn't a consequence, an immediate consequence, for these people," she said. "You at least need to know there is a consequence for them, and I hope this will become a greater deterrent for other people as well."
Under the new laws, drivers charged with offences such as hit-and-runs, drink and drug driving, dangerous driving, and high-level speeding will be prohibited from driving until they face court. Judges will then have the power to extend licence disqualification until the case is finalised, providing a more balanced approach to road safety.
Government Support and Common Sense Approach
Road Safety Minister Reece Whitby emphasised that the legislation offers better protection for victims' families. "Before she could face her consequences of her action in the court, Kelly's family was still struggling with their grief when this driver was out on bail, regained her licence after that two-month period," he explained. "They had the situation of still struggling with their grief and watching this driver still behind the wheel of a car, and because of where she lived and where Kelly lived, she was still passing the family's home. You can imagine the anxiety and distress that that caused."
Mr Whitby described the new legislation as common sense, noting that it is unacceptable for drivers to regain their licences while awaiting court hearings. "We know that down the track, they're going to be facing a sentence that will include a period of disqualification for much longer than that, so this is about something that makes sense," he added.
A Legacy of Positive Change
Susan T'Hart expressed that her daughter would have been honoured to see a positive outcome emerge from the tragedy. "She would be really honoured, I know that she would be so proud," she said. "She was a humble person, but she would have been really honoured that this happened for her."
The introduction of Kelly's Law represents a significant step towards enhancing road safety and ensuring that drivers charged with serious offences face immediate consequences, providing solace to affected families and deterring future incidents.
