NSW is proposing new dangerous-driving and hit-and-run offences, alongside an offence targeting people who record and share images of seriously injured crash victims. The government announced the package on 13 October as legislation to be introduced to Parliament, so the announcement should not be read as confirmation that the new penalties have started.
For learners and P platers, the distinction matters when reading a headline about tougher laws. The release describes proposed criminal offences and maximum prison terms. It does not announce a new learner test, a different provisional licence stage or a commencement date. Existing duties after a crash still need to be followed.
What would change for dangerous driving?
The proposed dangerous-driving offence covers crashes causing actual bodily harm. The government says the maximum prison term would be three years, rising to five years where there are aggravating circumstances. It also proposes making unlawful street racing an aggravating factor for dangerous-driving offences.
A separate proposed offence would cover failing to stop and assist after a crash causing actual bodily harm, with a maximum prison term of three years. These are maximum penalties described in the announcement, not automatic sentences for every case.
The package responds to recommendations from the NSW Law Reform Commission and includes changes to the existing offence of wanton and furious driving. The release says the new offences would sit alongside the criminal penalties already available where a driver causes another person's death. It does not provide a detailed commencement timetable.
What does the proposal say about filming crash victims?
The proposed image offence concerns intentionally recording and distributing images of a road crash victim without a reasonable excuse. The announcement says it applies where the person knows, or ought to know, that the victim is seriously injured, dying or deceased. The proposed maximum prison term is two years.
That description includes conditions that matter: the victim's condition, the person's knowledge and whether there is a reasonable excuse. It should not be reduced to a claim that every photograph taken near a crash would attract the proposed penalty. The release does not spell out every circumstance in which an excuse would be accepted.
Attorney General Michael Daley links the proposal to bystanders recording victims and sharing the images on social media instead of helping. For someone arriving at a crash, the practical priority is the people who need assistance. Publishing a victim's image is not part of the existing steps the NSW Government gives drivers for responding to a collision.
What must you do after a crash now?
The standing NSW crash guidance says drivers involved in a crash must stop, help as much as possible and provide their details. If anyone is injured or killed, it says to call an ambulance and then police on triple zero. You do not need to wait for the proposed offences before following those instructions.
Turn off the ignition and switch on the hazard lights. Check for debris only if it is safe, and move it out of the road only if that can be done safely. Exchange your name, address and vehicle registration, plus the vehicle owner's name and address if it belongs to someone else.
What this means for learners
Use this news as a prompt to talk through a crash response with your supervising driver before your next practice drive. Know where the hazard-light switch is and what details you would need to give. Discuss how to get help while avoiding further danger at the scene.
For P platers driving independently, keep the distinction between a proposed penalty and an existing responsibility clear. Stopping and helping are already required. The announcement does not supply a new test syllabus to study; the useful preparation is to review negligent-driving questions and practise recognising hazards before they become emergencies.
Practise the rules in this story
Sources
Every figure, date and quotation above comes from one of these pages, each opened and read on the day shown.
- NSW Government, Minns Labor Government strengthening the law to target dangerous driversPublished , read
- NSW Government, What to do at a road crashRead
How this story is kept honest
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