Western Australia has implemented groundbreaking legislative changes targeting dangerous drivers following the tragic hit-and-run death of 32-year-old Kelly T’Hart. The new regulations, officially designated as ‘Kelly’s Law,’ mandate immediate driving bans for individuals charged with serious traffic offenses before their court proceedings conclude.
The legislation emerged from a devastating incident on May 19, 2024, when T’Hart was struck and killed by an intoxicated driver while walking near Mandurah, south of Perth. The alleged driver, 26-year-old Maddison Peace Bain, fled the scene without providing assistance and subsequently faced charges for dangerous driving causing death while under alcohol influence. Despite pleading guilty, Bain retained driving privileges for months before sentencing, even driving past the victim’s family home during this period.
This legal gap prompted the T’Hart family to campaign vigorously for reforms to the Road Traffic Act 1974. Their efforts resulted in expanded judicial authority to suspend licenses for a broader range of serious offenses, including all drink and drug driving violations, reckless operation of vehicles, extreme speeding incidents, and hit-and-run cases.
Road Safety Minister Reece Whitby emphasized that the legislation aims to protect public safety by preventing potentially dangerous drivers from remaining on roads during legal proceedings. ‘Drivers who consider themselves above the law and continue endangering lives through dangerous or impaired driving should be prohibited from our roadways,’ Whitby stated. He characterized the law as creating a positive legacy from tragedy while providing stronger deterrents against traffic violations.
The reforms represent a significant enhancement of previous regulations, which only imposed automatic disqualifications for limited alcohol and drug offenses. Courts now possess expanded powers to extend license disqualification periods until final case resolution.