New South Wales Consolidated Acts

DRIVING INSTRUCTORS ACT 1992 - SECT 26

26 Grounds for suspension or cancellation of licence

(1) The Authority may suspend or cancel a licence on any of the following grounds:

(a) the licence was issued erroneously or granted in consequence of any false or fraudulent document, statement or representation,

(b) any prescribed fee for the licence is due and unpaid,

(c) the holder of the licence is convicted of an offence against this Act or the regulations,

(d) the holder of the licence has contravened a condition to which the licence is subject,

(e) the holder of the licence refuses to submit to, or does not pass, any of the tests the Authority requires the holder to submit to under section 25 or does not obtain a medical or other certificate referred to in that section,

(f) the holder of the licence has been found guilty of an offence (within the State or elsewhere) involving fraud or dishonesty and punishable on conviction by imprisonment for 3 months or more,

(g) the Authority is satisfied that the holder of the licence is guilty of misconduct.

(2) The Authority must cancel a licence if:

(a) the Authority is satisfied that the holder of the licence is not a person of good character, or

(b) the Authority is satisfied that the holder of the licence is not a fit and proper person to act as a driving instructor, or

(c) the Authority has reason to believe that the holder of the licence 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

(d) the Authority is of the opinion that it would not be in the public interest for the holder of the licence to continue to hold a licence having regard to his or her record of convictions (within the State or elsewhere) for offences involving motor vehicles.

(2A) If alleged misconduct on the part of the holder of a licence is reported to the Authority under section 54A or 54B, the Authority may suspend the person’s licence until the matter has been dealt with if of the opinion that such action is necessary due to the serious nature of the alleged misconduct.

(3) If the holder of a licence is a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth), the Authority must not cancel a licence on the ground that the holder is, because of that disability, not a fit and proper person to act as a driving instructor, unless the holder 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 a holder of a licence would be unable to carry out the inherent requirements of the occupation of driving instructor (as referred to in subsection (3)):

(a) the holder’s past training, qualifications and experience relevant to that occupation,

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

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