What is the Traffic Offenders’ Intervention Program? (TOIP)

If you are assisted by the Crime and Traffic Team at Burke Elphick and Mead for a driving offence the chances are we will discuss the option of the Traffic Offenders’ Intervention Program (‘TOIP’) with you. To which traffic offences does the program apply? The TOIP is available for a wide range of driving offences including:

• Drink driving,
• Driving under the influence of drugs,
• Dangerous driving and negligent driving,
• License appeals against the Roads and Traffic Authority,
• Driving while disqualified and driving while suspended,
• Unlicensed driving,
• Unregistered vehicle and Uninsured vehicle, and
• All offences involving heavy vehicles.

Which Courts Refer to the Program? The TOIP is located in a number of areas throughout the state. To find the locations please go to: http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_traffic_offenders Courts in the Newcastle area that refer people to the program include:

• Newcastle Local Court,
• Newcastle District Court,
• Belmont Local Court,
• Toronto Local Court,
• Cessnock Local Court,
• Kurri Kurri Local Court,
• Maitland Local Court,
• East Maitland District Court, and
• Raymond Terrace Local Court.

Do I really need to attend the Program for a traffic offence? The first challenge for many people charged with a traffic offence is to understand how much trouble they are actually in. Many people do not understand just how strict the laws have become and the pressure on the courts to deal with traffic offences by way of harsh penalties. As an example, if you are charged for a second time with driving without a license and have not held a license for 5 years the Court has the following penalties to impose:

1. A mandatory disqualification period of 3 years ;
2. A fine of up to $3,300.00; and
3. 18 months imprisonment.

We will advise you on the likelihood of the Court requiring or allowing you to attend the TOIP. A good rule to follow in the Newcastle courts is that if the Magistrate suggests that you attend the TOIP then you should do so. What does the Court want me to learn from the Program? From our experience the courts in the Newcastle area want to know one thing. That is, have you put in an effort at the Program that demonstrates that you have obtained the information and skills necessary to develop positive attitudes towards driving and develop safer driving behaviours? We will guide you on what the courts from each of the local Newcastle areas listed above will want to see to make that finding. It is far more than just attending the Program. Can I do the Program when I want? The shorts answer is no. It was previously the case in Newcastle courts that you had to attend court and show reasons why you should have the benefit of attending the Program. The criteria to be satisfied to allow a referral to the Program has now been legislated: Sch 6 Cl 4 of the Criminal Procedure Regulation 2005 provides the following: (1) A person is eligible to be referred by the Local Court to participate in the program only if:

• the person is a traffic offender, and
• the person has not been sentenced for the traffic offence, and
• the person enters into a written agreement to participate in the program, and
• the Court considers that, having regard to the matters referred to in sub clause (2), the person is suitable for participation in the program.

(2) The Local Court is to have regard to the following matters in determining whether a traffic offender is suitable for participation in the program:

• the extent to which the offender’s character, antecedents, age, health and mental condition would be likely to prevent the offender’s participation in the program or disrupt the conduct of the program,
• the nature of the offence committed by the offender,
• any extenuating circumstances in which the traffic offence was committed,
• the impact of the offence on the community and the victim of the offence (if any),
• the offender’s history of convictions for traffic offences (if any),
• such other matters as the Court considers relevant.

What happens when I get referred to the Program? If assessed by the Court as eligible and suitable the Magistrate will adjourn the matter for sentencing, allowing sufficient time for the nominated course to be completed. When this is done you will be taken from the Court to sign a Program Participation Order. If you are on bail, attendance and participation in the nominated course is also included as a bail undertaking. At Newcastle Local Court there are usually police volunteers in attendance on the busy list days. They volunteer to assist with the referral process. They will usher you from the Court to their office where the appropriate forms are completed. What conditions apply to the Program? The Program Participation Order includes a generic set of conditions for participation in an approved traffic course. They include the following:

1. I agree to attend the above-mentioned course at the above address on the scheduled start date.
2. I agree to take with me to each course session the following: Program Participation Order, Photo identification and Pen and notebook.
3. I agree to attend punctually for each session and in accordance with the requirements of the course provider.
4. I agree to complete any assessment tasks set by the course provider.
5. I understand that if I fail to attend, the Court will be informed and I may be returned to Court for sentence determination.
6. I understand that if I attend the course under the influence of alcohol or drugs I may be expelled from the course and returned to Court for sentence determination
7. I agree to abide by the standards of behaviour that the course provider requires and understand that if I don’t I may be expelled from the course and returned to Court for sentence determination

Individual course providers may require participants to adhere to further conditions. Referrals from Newcastle Local Court will usually attend either the Gateshead or Broadmeadow program. The biggest difference in the programs is that the Gateshead program requires all assignments to be handwritten in a project book. The Broadmeadow program allows for assignments to be typed. What does the Court see after I complete the Program? Do not underestimate the time that magistrates in the Newcastle area put into checking your effort at the Program. The magistrates in Newcastle are extremely diligent in checking what effort you have put into the Program as it ensures the integrity of the entire process.

The program providers must report back to the Court on your participation. The front of the report will usually look like this: [Course provider’s letterhead] [Course provider’s contact details] Report to Court Local Court: Court adjournment date: Participant’s Name: Date of birth: Address: Referring Court: Offence(s): Course start date: Course finish date: Attendance record (please circle): Satisfactory Attendance Unsatisfactory but partial attendance Nil Attendance Withdrew voluntarily (without attending) Withdrew voluntarily (after partial attendance) Expelled from course Assessment tasks: (please indicate participant’s performance on assessment tasks) General comments: (please comment as necessary on attendance, participation in class activities, discussions etc…) Signed… Date:

What topics are covered in the Program? Most courses cover the following topics:

1. Road safety,
2. Drinking/drug taking and driving,
3. Perspective from Ambulance workers, Police, Insurance industry representative,
4. Alcohol and other drug education,
5. Legal consequences of traffic offences,
6. Impact of traffic offences, and
7. Maintenance of safe vehicles.

What time is required to complete the Program? The operating guidelines for conducting courses states that to “satisfactorily cover the required topic areas an approved traffic course should contain a minimum of six individual sessions and a maximum of 10. Sessions should run for a minimum of 60 minutes and a maximum of 120 minutes.

If you have any questions about the above then contact Michael Burke of our Crime and Traffic Law Team here at Burke Elphick and Mead Lawyers.

The above information is of a general nature only and cannot be relied on as constituting legal advice.  In this respect, we rely upon our Disclaimer at www.bemlaw.com.au/privacy-disclaimer

We also have several divisions of solicitors practicing in their individual areas of expertise within our firm. We offer assistance in a number of areas, including Family Law, Personal Injury, Insurance or Compensation, Commercial Transactions or Contracts, Wills, Estates, and Powers of Attorney or Buying and Selling a Home or Business. Should you have any further queries, please do not hesitate to contact our office.