NSW moves to toughen road crime laws with jail for filming crash victims
The NSW Government has introduced legislation that would create new offences for dangerous driving and hit-and-run crashes that cause actual bodily harm, along with a new offence for recording and sharing images of road crash victims.
The changes to the Crimes Act 1900 respond to the 2025 NSW Law Reform Commission report on serious road crime. The bill was introduced to NSW Parliament in October 2026 and still has to pass both houses before it becomes law, so a start date has not been set.
The new offences and penalties
| Proposed offence | Maximum penalty |
|---|---|
| Dangerous driving causing actual bodily harm | Up to 3 years jail |
| Dangerous driving causing actual bodily harm with aggravating circumstances | Up to 5 years jail |
| Failing to stop and assist after a crash causing actual bodily harm | Up to 3 years jail |
| Recording and sharing images of a seriously injured, dying or dead crash victim without reasonable excuse | Up to 2 years jail |
| Unlawful street racing | Becomes an aggravating factor for dangerous driving offences |
Until now, the most serious dangerous driving charges have generally applied when a crash caused death or grievous bodily harm. The new offences are aimed at crashes where people are hurt but the injuries fall below that level. The government says they will sit alongside existing penalties for drivers who cause a death, which reach up to life imprisonment.
Filming crash victims
The new image offence targets bystanders who record victims at a crash scene and then share the footage. It applies where a person intentionally records and distributes images without a reasonable excuse and knows, or ought to know, that the victim is seriously injured, dying or dead.
Attorney-General Michael Daley said bystanders who film injured people instead of helping, then share the video on social media, could end up in jail. Roads Minister Jenny Aitchison said the changes would help hold dangerous drivers to account.
Wanton and furious driving updated
The reforms also modernise the old offence of wanton and furious driving and aim to make serious road crimes easier for the community to understand. The government says the package was shaped by consultation with police, legal groups, government agencies and road trauma advocates.
What it means for NSW drivers
For most motorists nothing changes day to day, but the penalties for reckless driving that injures someone are set to rise. If you are a new driver, our guide to the best first cars for P platers focuses on models with strong safety ratings. It also pays to understand your cover, and our CTP versus third party versus comprehensive guide explains what each policy pays for after a crash. NSW drivers can also check the latest toll relief changes.
