Appendix 3 Legislation relating to reporting
Appendix 3.1. Legislation relating to reporting by drivers
| State or Territory | Legislation | Discretionary reporting |
|---|---|---|
| Australian Capital Territory | Legislation Road Transport (Driver Licensing) Regulation 2000, r. 77 (2), (3) | Discretionary reporting If a person who is the holder of a driver licence suffers any permanent or long-term illness, injury or incapacity that may impair his or her ability to drive safely, the person must tell the road transport authority as soon as practicable (but within seven days). Maximum penalty: 20 penalty units. It is a defence to the prosecution of a person for an offence against this section if the person establishes:
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| New South Wales | Legislation Road Transport (Driver Licensing) Regulation 2017, c. 122 (4) | Discretionary reporting The holder of a driver licence must, as soon as practicable, notify the road transport authority of any permanent or long-term injury or illness that may impair his or her ability to drive safely. |
| Northern Territory | Legislation Motor Vehicles Act 1949, s. 11(3) | Discretionary reporting If a person who is licensed to drive a motor vehicle is suffering from a physical or mental incapacity that may affect his or her ability to drive a motor vehicle with safety to the public, the person or his or her personal representative, they must notify the registrar of the nature of the incapacity in terms of unfitness. |
| Queensland | Legislation Transport Operations (Road Use Management – Driver Licensing) Regulation 2010, rr. 50, 51 | Discretionary reporting A person is not eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes the person has a mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely. However, the person is eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes that, by stating conditions on the licence, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely. |
| Legislation Transport Operations (Passenger Transport) Regulation 2005, r. 40A | Discretionary reporting The holder of a Queensland driver licence must give notice to the chief executive if they develop any permanent or long-term mental or physical incapacity, or there is any permanent or long- term increase in, or other aggravation of, a mental or physical incapacity that is likely to affect the holder’s ability to drive safely. More specifically, there is a standard for drivers of public passenger vehicles: An authorised driver must:
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| South Australia | Legislation Motor Vehicles Act 1959, s. 98AAF | Discretionary reporting The holder of a licence or learner’s permit who, during the term of the licence or permit, suffers any illness or injury that may impair his or her competence to drive a motor vehicle without danger to the public must, within a reasonable time after the occurrence of the illness or injury, notify the registrar in writing of that fact. Maximum penalty: $750 |
| Tasmania | Legislation Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021, rr. 45(1), 45(2) | Discretionary reporting The holder of a driver licence must, as soon as practicable, notify the registrar of:
Penalty: Fine not exceeding 10 penalty units. Unless the registrar requires written notification, the notification need not be in writing. |
| Victoria | Legislation Road Safety (Drivers) Regulations 2019, r. 68(2) | Discretionary reporting The holder of a driver licence or permit or any person exempted from holding a driver licence or permit under section 18(1)(a) of the Act must, as soon as practicable, notify the Secretary and any other relevant agency of any permanent or long-term illness, disability, medical condition or injury, or the effects of the treatment for any of those things, that may impair his or her ability to drive safely. |
| Western Australia | Legislation Road Traffic (Authorisation to Drive) Regulations 2014, r. 64 | Discretionary reporting Duty to reveal things that might impair ability:
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Appendix 3.2. Legislation relating to reporting by health professionals
| Jurisdiction and legislation | Applies to | Discretionary reporting | Mandatory reporting |
|---|---|---|---|
Australian Capital Territory Road Transport (General) Act 1999, ss. 230 (3) (4) Road Transport (Driver Licensing) Act 1999, s. 28 Road Transport (Driver Licensing) Regulation 2000, rr. 15, 15A, 69, 70 and 78 | Applies to An individual carrying out a certain test or examination (i.e. medical practitioners, optometrists, occupational therapists, physiotherapists) An individual | Discretionary reporting An individual is not civilly or criminally liable for carrying out a test or examination in accordance with the regulation made under the Road Transport (Driver Licensing) Act 1999 and expressing to the road transport authority, in good faith, an opinion formed because of having carried out the test or examination. An individual is not civilly or criminally liable for reporting to the road transport authority, in good faith, information that discloses or suggests that someone else is or may be unfit to drive or that it may be dangerous to allow someone else to hold, to be issued or to have renewed, a driver licence or a variation of a driver licence. | Mandatory reporting There is no mandatory reporting requirement for practitioners. |
New South Wales Road Transport Act 2013, ss. 275 (3) & (4) Road Transport Act 2013, Schedule 1 Road Transport (Driver Licensing) Regulation 2017, c. 60 | Applies to An individual carrying out a certain test or examination (i.e. medical practitioners, optometrists, occupational therapists, physiotherapists) An individual | Discretionary reporting An individual does not incur civil or criminal liability for carrying out a test or examination in accordance with statutory rules made for the purposes of driver licensing and expressing to the authority in good faith an opinion formed as a result of having carried out the test or examination. An individual does not incur civil or criminal liability for reporting to the authority, in good faith, information that discloses or suggests that another person is or may be unfit to drive or that it may be dangerous to allow another person to hold, to be issued or to have renewed, a driver licence or a variation of a driver licence. | Mandatory reporting There is no mandatory reporting requirement for practitioners. |
Northern Territory Motor Vehicles Act 1949, s. 11 | Applies to A registered person means a medical practitioner, an optometrist, an occupational therapist or a physiotherapist who is registered under the applicable Acts | Discretionary reporting Not covered in legislation. | Mandatory reporting If a registered person reasonably believes that a person they have examined is licensed to drive a motor vehicle and is physically or mentally incapable or driving a motor vehicle with safety to the public or is physically or mentally unfit to be licensed, the registered person must notify the registrar in writing of the person’s name and address and the nature of the incapacity or unfitness. |
Queensland Transport Operations (Road Use Management) Act 1995, s. 142 | Applies to A person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student | Discretionary reporting A health professional is not liable, civilly or under an administrative process, for giving information in good faith to the chief executive about a person’s medical fitness to hold, or to continue to hold, a Queensland driver licence. Without limiting this, in a civil proceeding for defamation, a health professional has a defence of absolute privilege for publishing the information. Additionally, if the health professional would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice, the health professional does not contravene the Act, oath, rule of law or practice by disclosing the information and is not liable to disciplinary action for disclosing the information. | Mandatory reporting There is no mandatory reporting requirement for practitioners. |
South Australia Motor Vehicles Act 1959, s. 148 | Applies to A legally qualified medical practitioner, a registered optician or a registered physiotherapist | Discretionary reporting Not covered in legislation. | Mandatory reporting Where a legally qualified medical practitioner, a registered optician or a registered physiotherapist has reasonable cause to believe that a person whom they have examined holds a driver licence or a learner permit and that person is suffering from a physical or mental illness, disability or deficiency such that, if the person drove a motor vehicle, they would be likely to endanger the public, then the medical practitioner, registered optician or registered physiotherapist is under a duty to inform the registrar in writing of the name and address of that person, and of the nature of the illness, disability or deficiency from which the person is believed to be suffering. Where a medical practitioner, registered optician or registered physiotherapist furnishes such information to the registrar, they must notify the person to whom the information relates of that fact and of the nature of the information furnished. No civil or criminal liability is incurred in carrying out the duty imposed. |
Tasmania Vehicle and Traffic Act 1999, ss. 63 (2), 56 Vehicle and Traffic Act 1999, s. 63 (1) | Applies to A person | Discretionary reporting A person incurs no civil or criminal liability for reporting to the registrar, in good faith, the results of a test or examination carried out under the Act or an opinion formed as a result of conducting such a test or examination. Section 56 deals with tests and examinations of drivers. A person incurs no civil or criminal liability for reporting to the registrar, in good faith, that another person may be unfit to drive a motor vehicle. | Mandatory reporting There is no mandatory reporting requirement for practitioners. |
Victoria Road Safety Act 1986, s. 27 (4) Road Safety (Drivers) Regulations 2019, r. 69 | Applies to A person carrying out a test under s. 27 (i.e. registered medical practitioners, optometrists, occupational therapists and other people authorised in writing by VicRoads) A person who expresses an opinion to VicRoads formed as a result of the test | Discretionary reporting No action may be taken against a person who carries out a test to determine if a person is unfit to drive or if it is dangerous for that person to drive) and who expresses to VicRoads an opinion formed by that person as a result of the test. No action may be taken against a person who, in good faith, reports to VicRoads any information that discloses or suggests that a person is unfit to drive or that it may be dangerous to allow that person to hold or to be granted a driver licence, a driver licence variation or a learner permit. | Mandatory reporting There is no mandatory reporting requirement for practitioners. |
Western Australia Road Traffic (Administration) Act 2008, s. 136 | Applies to A person | Discretionary reporting People expressing an opinion to the Director General formed as a result of carrying out a test or examination under the provisions of the Act are protected from liability when acting in good faith. An action in tort does not lie against a person, and a person is not to be prosecuted for an offence, for reporting to the CEO, in good faith, information that discloses or suggests that:
| Mandatory reporting There is no mandatory reporting requirement for practitioners. |