Driving Instructors Act 1992 (NSW)

Driving Instructors Act 1992 No 3

An Act to provide for the licensing of instructors engaged for reward in teaching persons to drive motor vehicles; to repeal the Motor Vehicle Driving Instructors Act 1961; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Driving Instructors Act 1992.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

2A Objects of Act The primary objects of this Act include— (a) to ensure that driving instructors meet minimum standards relating to competency and performance in driving instruction, probity and character in order to protect the community and to benefit the driving instruction industry, and (b) to minimise the potential for corruption in the driving instruction industry and inappropriate behaviour by driving instructors, and (c) to promote the safety and protection of persons receiving driving instruction.

3 Definitions (1) In this Act— application includes an application for the renewal of a licence. authorised officer means a person authorised in writing by Transport for NSW for the purposes of the provision of this Act in which the expression is used. driver licence means— (a) an Australian driver licence under the Road Transport Act 2013 (other than a learner licence, a provisional licence, a probationary licence or a restricted licence within the meaning of that Act), or (b) a corresponding licence under the law for the time being in force in any other country, to drive all classes of motor vehicles (or motor vehicles of the relevant class). driving instructor is defined in section 4. driving school is defined in section 5. instructions includes advice, demonstrations and courses of training. licence means a licence under this Act. misconduct means any conduct of the following kind— (a) sexual assault, whether in connection with the provision of driving instruction or otherwise, (b) sexual harassment in connection with the provision of driving instruction (including making an unwelcome sexual advance, or an unwelcome request for sexual favours, to a person, or engaging in other unwelcome conduct of a sexual nature in relation to a person), (c) fraud or dishonesty punishable on conviction by imprisonment, whether in connection with the provision of driving instruction or otherwise, (d) the commission of any offence involving dangerous driving, whether in connection with the provision of driving instruction or otherwise, (e) the commission of any offence involving assault, whether in connection with the provision of driving instruction or otherwise. motor vehicle means a motor vehicle (including any trailer towed by the vehicle) within the meaning of the Road Transport Act 2013. Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.