Victoria will review its dangerous driving laws over the next 20 months, potentially introducing tougher penalties and new offenses for motorists involved in fatal or serious injury crashes. The Victorian Law Reform Commission, an independent body with expertise in legal policy, will lead the inquiry, ensuring recommendations are based on evidence rather than political pressure.
Review targets clarity and accountability
The Victorian Law Reform Commission has been tasked with examining whether current laws adequately reflect the consequences of dangerous driving. Beyond assessing the severity of penalties, the review will scrutinize the legal definitions of offenses to determine if they capture the full spectrum of reckless or negligent behavior. For instance, the commission may evaluate whether terms like “dangerous driving” and “culpable driving” are interpreted consistently by courts or if they leave room for subjective judgment that could weaken accountability.
The scope of the review extends to whether new categories of offenses should be introduced to bridge gaps in the current system. The review will also examine the potential for new aggravated offences or a mid-tier offence where negligent driving results in death or serious injury.
The commission is expected to deliver its findings by March 2028. Attorney-General Sonya Kilkenny said the decision was shaped by community expectations, particularly from families of road crash victims who have expressed frustration with the perceived leniency of sentences. Kilkenny emphasized that the goal was not merely to increase punishments but to ensure the law aligns with societal values about responsibility and justice.
“Victorians expect strong laws that match the devastating consequences of dangerous driving, because community safety comes first,” she said. The review aims to ensure the state’s laws remain “strong, clear and fit for purpose.”
Road toll fuels push for reform
Victoria’s road toll remains stubbornly high, with fatalities persisting despite advances in vehicle safety technology and infrastructure improvements. The 291 deaths recorded in 2025 followed a slight decline from 295 in 2023, but the figures have plateaued rather than shown sustained improvement. This stagnation has raised questions about whether current enforcement and legal deterrents are sufficient to change driver behavior.
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The review follows public criticism of sentences in fatal driving cases, which some argue do not reflect the severity of the harm caused. Inconsistencies in sentencing have been a recurring concern, with similar cases resulting in vastly different outcomes depending on the presiding judge or jurisdiction.
One high-profile case involved the 2024 death of 11-year-old Jack Davey outside a Melbourne primary school, prompting calls for reform from his family. The incident highlighted gaps in the legal framework, particularly around offenses involving vulnerable road users such as children and pedestrians.
Roads and Road Safety Minister Ros Spence said every road death was a tragedy and the government wanted to ensure the laws remained effective in improving safety.
The commission will also consider whether current offenses are clearly defined. Ambiguity in the law can lead to inconsistent sentencing, leaving victims’ families frustrated and the public uncertain about what consequences drivers actually face. For example, the distinction between “dangerous driving” and “careless driving” is often unclear to the general public, and even legal professionals may disagree on where the line is drawn.
The review’s recommendations, due in 2028, will likely shape Victoria’s approach to road safety for years to come. By ensuring that laws are both clear and consequential, the government hopes to create a stronger deterrent against dangerous behavior and, ultimately, reduce the number of lives lost on the state’s roads.
