New South Wales Consolidated Acts

DRIVING INSTRUCTORS ACT 1992 - SECT 18

18 Grounds for refusal of application

(1) The Authority must refuse an application if:

(a) the applicant is not eligible to be issued with a licence as referred to in section 10, or

(b) the Authority is not satisfied that the applicant is a person of good character, or

(c) the Authority is not satisfied that the applicant is a fit and proper person to act as a driving instructor, or

(d) the applicant refused to submit to, or did not pass, any test to which the applicant was required to submit under section 15, or

(e) the applicant, if required to do so, did not obtain the medical or other certificate referred to in section 16, or

(f) the Authority has reason to believe that the applicant has engaged in bribery or fraud relating to the testing of applicants for driver licences under the Road Transport (Driver Licensing) Act 1998 (or corresponding licences under the law in any other State, or in any Territory or country) or the issue of those licences, or

(g) the Authority is of the opinion that it would not be in the public interest for the applicant to hold a licence having regard to the applicant’s record of convictions (within the State or elsewhere) for offences involving motor vehicles.

(2) The Authority may refuse an application if the applicant has, during the period of 10 years before the application, been found guilty of an offence in the State or elsewhere involving fraud or dishonesty and punishable on conviction by imprisonment for 3 months or more.

(2A) The Authority may refuse an application if, pursuant to section 26 (1) (g), the Authority is satisfied that the applicant has at any time been guilty of misconduct.

(3) If an applicant is a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth), the Authority must not refuse an application on the ground that the person is, because of that disability, not a fit and proper person to act as a driving instructor, unless the applicant because of that disability would be unable to carry out the inherent requirements of the occupation of driving instructor.

(4) The following are to be taken into account in determining whether an applicant would be unable to carry out the inherent requirements of the occupation of driving instructor (as referred to in subsection (3)):

(a) the applicant’s past training, qualifications and experience relevant to the occupation of driving instructor,

(b) if the applicant is already acting as a driving instructor, the applicant’s performance in that occupation,

(c) all other relevant factors that it is reasonable to take into account.