Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 33

Driving instructor authorities

33. Driving instructor authorities



(1) The Secretary to the Department of Infrastructure may, on the application
of the holder of a full driver licence, grant a driving instructor authority
if the Secretary is satisfied that the applicant is qualified to hold such an
authority.







(2) The Secretary may, before granting an authority, require the applicant-

   (a)  to demonstrate that he or she is a fit and proper person to hold an
        authority; and

   (b)  to pass a training course approved by the Secretary or otherwise
        demonstrate to the Secretary's satisfaction that he or she is
        competent to hold an authority; and

   (c)  to comply with any prescribed procedures and requirements.

(3) An authority authorises the holder to teach other persons to drive a motor
vehicle, other than a motor cycle, with a GVM of not more than 4×5 tonnes and
with a seating capacity of not more than 12 adults including the driver, for
the term, and subject to any conditions, specified in the authority.

(4) The Secretary may, by notice in writing to the applicant, refuse to grant
an authority.

(5) If the Secretary decides to refuse to grant an authority, the applicant
may appeal against the refusal to the Magistrates' Court.

(6) On an appeal under subsection (5) the applicant must-

   (a)  file a notice of appeal at the venue of the Magistrates' Court nearest
        to the applicant's residence or place of business; and

   (b)  send a copy of the notice of appeal to the Secretary-

within 28 days after the date of the notice of refusal to grant the authority.

(7) On an appeal under subsection (5) the court must-

   (a)  re-determine the matter of the refusal; and

   (b)  hear any relevant evidence tendered by the appellant or the Secretary;
        and

   (c)  without limiting its discretion, take into consideration anything that
        the Secretary ought to have considered.

(8) If the driver licence of the holder of an authority is cancelled or
otherwise ceases to be held by that person, the authority of that person
thereupon automatically ceases to have any effect.

(9) If the driver licence of the holder of an authority is suspended for any
time, the authority of that person is, unless cancelled or suspended under
subsection (10), thereupon automatically suspended for the same time.

(10) The Secretary may, if of the opinion that the holder of an authority is
unfit to hold the authority, by notice in writing to the holder of the
authority, cancel the authority or suspend or vary the authority for such
period as the Secretary determines.

(11) The Secretary must not suspend, cancel or vary an authority unless the
holder of the authority has been given a reasonable opportunity to show cause
why the authority should not be cancelled, suspended or varied.

(12) An authority is of no effect while suspended.

(13) If the Secretary decides to cancel, suspend or vary an authority, the
holder of the authority may appeal against the cancellation, suspension or
variation to the Magistrates' Court.

(14) On an appeal under subsection (13) the applicant must-

   (a)  file a notice of appeal at the venue of the Magistrates' Court nearest
        to the applicant's residence or place of business; and

   (b)  send a copy of the notice of appeal to the Secretary-

within 28 days after the date of the notice of cancellation, suspension or
variation of the authority.

(15) On an appeal under subsection (14) the court must-

   (a)  re-determine the matter of the cancellation, suspension or variation;
        and

   (b)  hear any relevant evidence tendered by the appellant or the Secretary;
        and

   (c)  without limiting its discretion, take into consideration anything that
        the Secretary ought to have considered.

(16) Every decision of the Magistrates' Court on an appeal under subsections
(5) or (13) must be given effect to by the Secretary.