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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
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Bills

Motor Vehicles (Motor Driving Instructors and Authorised Examiners) Amendment Bill

Introduction and First Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (12:00): Obtained leave and introduced a bill for an act to amend the Motor Vehicles Act 1959. Read a first time.

Second Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (12:01): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I rise to introduce the Motor Vehicles (Motor Driving Instructors and Authorised Examiners) Bill 2024. The Bill amends the Motor Vehicles Act 1959 (the Act) to enable the Registrar of Motor Vehicles to strengthen regulation of the driver training industry to mitigate corruption, misconduct, poor and predatory behaviour and raise the standard of driver training and assessment.

The role played by the driver training industry supports the Graduated Licensing Scheme for drivers and is pivotal to the success and credibility of the driver licensing system in South Australia. Poor overall standards of driver training and examination creates a risk of people who have not been properly trained to drive being issued with a licence, which places the driver and other road users at risk of being seriously injured or losing their life. It also undermines public confidence in the Government's administration of the driver licensing system.

Research shows that young drivers are more likely to crash in their first 12 months of holding a provisional licence, when the driver is least experienced and driving unsupervised. People aged 16 to 24 years made up 11% of the population but accounted for 19% of all lives lost and 19% of all serious injuries in South Australia during the 2019 to 2023 five-year period.

While it takes time for learner drivers to fully develop the necessary cognitive competency, hazard perception skills and maturity to drive safely, driver training, and subsequent testing, ensures that a person has achieved the required level of competence before being allowed to drive unsupervised, and is therefore an important and critical component of the Graduated Licensing Scheme.

Keeping young people safe from harm and to provide them the opportunity to learn and develop skills to prepare them for driving unsupervised safely is a critical objective of the reforms.

The Registrar of Motor Vehicles (the Registrar) is responsible for the oversight of Motor Driving Instructors and Authorised Examiners who are authorised to provide driver training and driver assessments in South Australia. Motor Driving Instructors are licensed by the Registrar under the Act to provide driver training for fee or reward. Authorised Examiners are Motor Driving Instructors who have been appointed by the Registrar to conduct practical driving tests and issue certificates of competency that the Registrar accepts for the issue of a driver's licence.

Significant reform of the South Australian driver training and assessment industry is required. This has been confirmed by both a review and public and industry consultation processes undertaken by the Registrar of Motor Vehicles and the volume of convictions and administrative sanctions imposed on industry members over the past eight years.

The need for reform is further supported by the findings in a report from the Independent Commission Against Corruption's (ICAC) investigation into forty complaints and reports received by the Office for Public Integrity in relation to the conduct of Authorised Examiners.

The ICAC report, tabled in this Parliament on 17 May 2022, found that bribery is a problem within the driver training industry in South Australia, that there has been a pattern of wrongdoing by some Authorised Examiners appointed by the Registrar, and that controls in place, that are legally available to the Department to prevent corruption in the driver licensing industry are less than adequate.

Since 2017, 12 Authorised Examiners and/or Motor Driving Instructors have been charged and convicted by the courts, often on multiple counts of charges such as sexual assault offences, bribery, fraud and corruption offences.

As of 22 August 2024, over the past eight years a total of 137 disciplinary actions have been undertaken by the Department for Infrastructure and Transport (the Department) involving 125 driver training industry members. This equates to over a fifth of the industry (22.4%). The reasons for disciplinary action include serious or multiple occurrences of poor standards, poor business practices, sexual misconduct, inappropriate behaviour and conviction of criminal offences.

113 disciplinary actions have been taken by the Registrar against Authorised Examiners. Such action has included formal warning, imposition of conditions, suspension of appointment or revocation of appointment.

Further, over the same period 6 Authorised Examiners have been charged and convicted by the Courts, often on multiple counts of charges such as sexually-based offences or abuse of public office, corruption and bribery related offences.

Over the past 8 years the Registrar of Motor Vehicles has taken 24 disciplinary actions against Motor Driving Instructors. Such action has included formal warnings, suspension of licence, imposition of conditions, cancellation of licence and refuse to issue licence.

Again, over the same period, 6 MDIs have been charged and convicted by the Courts, often for multiple offences.

34 drivers have also been convicted of offences such as dishonest dealings with documents, deception and bribes.

The Department continues to receive and investigate complaints from members of the public. In the last 12 months, the Department's Investigations Team commenced 32 investigations into the conduct and business practices of Authorised Examiners and Motor Driving Instructors, which have resulted in three (3) warning notices being issued and three (3) letters of advice relative to business practices and conduct. Two matters were referred to the Office for Public Integrity.

There are 8 ongoing investigations pertaining to 7 Authorised Examiners and 1 Motor Driving Instructor relating to poor business practices, and incidents involving inappropriate behaviour and unprofessional conduct.

The Department has also seen a significant increase in complaints related to unlicensed Motor Driving Instructors. A total of 20 investigations have commenced in the last 12 months, with 9 currently under investigation for suspected offences against the Motor Vehicles Act.

In June of this year a former Authorised Examiner whose appointment was revoked by the Department some years ago was arrested for deception for taking payment for lessons. This matter is before the courts.

Another former Motor Driving Instructor whose licence had been revoked by the Department was prosecuted for acting as an unlicensed Motor Driving Instructor and received a good behaviour bond.

There is often a power imbalance between the driver trainer and the learner driver, who is often a young person or a recent immigrant. This can lead to a reluctance to report inappropriate behaviour and business practices.

In light of these issues the Government has made the decision to resume the delivery of practical driving tests for the issue of all class C (car) licences. Driver training for class C (car) licences and training and assessment for heavy vehicle licensing will remain with the private sector supported by a suite of reforms to strengthen regulation.

The legislative reforms captured in the Bill to increase the transparency, accountability and standards of driver training industry members and reduce misconduct and corruption include:

Higher standards to enter and remain in the industry including:

A requirement for an applicant to be a fit and proper person (which includes reference to the applicant's ability to obtain a working with children check).

Medical fitness to act as motor driving instructor.

Enhanced driving and theory assessment criteria, requiring demonstration of practical driving skills to learner driver standard and teaching skills.

Mandatory cameras and GPS installed in all driver training vehicles to record all driver training.

Creation of an online register of all private industry members to enable the community to make an informed decision as to the best provider for their needs and to verify that they are licensed. This online register will contain details of the member's Motor Driving Instructor Licence conditions and whether any disciplinary action has been taken against that person under the Act.

Any fees obtained by a person acting as a motor driving instructor or authorised Examiner can be recovered from that person as a debt, if they do not hold a motor driving instructor licence or appointment as an authorised examiner.

A requirement for a Motor Driving Instructor and a heavy vehicle authorised examiner to provide a written contract to proposed consumers for the provision of driver training services which contains information about fees, services, payment methods, receipts, refund policies and cancellation terms, to enable consumers to compare services and make informed decisions.

A Code of Conduct that outlines behavioural expectations for Motor Driving Instructors.

A requirement that Motor Driving Instructors and Authorised Examiners allow an audit of their activities under the Act to be conducted.

Greater sanctioning authority and options for the Registrar, such as suspension or cancellation and the creation of new offences that will be capable of expiation.

The ability to implement mandatory driver training and test vehicle requirements such as dual brakes, Australasian New Car Assessment Program (ANCAP) 5-star rating and age limit for light vehicles.

A requirement for a Motor Driving Instructor to immediately produce their Motor Driving Instructor Licence when requested to do so by a Police Officer, Authorised Officer or a person to whom motor driving instructor services are being provided.

A suite of Authorised Officer powers appropriate to the functions and responsibilities of the Registrar, both in respect of the driver training industry and the Registrar's functions under the Act.

The proposed powers for Authorised Officers contained in the Bill are largely consistent with the Authorised Officer powers that currently exist within the Road Traffic Act 1961, with one exception. An additional power to require a person to produce information in an understandable form from an electronic device such as a computer, mobile phone or tablet has been included in the Bill. This is because evidence required to prove an offence may not be able to be obtained if access to a device cannot be achieved due to encryption (passwords).

The Bill contains flexible transitional provisions (including a head of power to make additional transitional provisions via regulation following passage of the Bill) that will facilitate an orderly transition to the proposed new scheme. This includes allowing existing Motor Driving Instructor Licences to be rolled over and deemed as valid Motor Driving Instructor Licences under the new scheme upon commencement. Any existing licence conditions prior to commencement will carry over to the deemed licences and they will be subject to the new improved regulatory framework created by the Bill.

Existing class C (car) Authorised Examiners appointments will be cancelled when the new scheme commences, however, they will be deemed valid Motor Driving Instructors and will have the opportunity to apply to apply to become a Government Examiner.

The reforms seek to improve the standard of industry members and the training and assessment delivered to learner drivers improving learning outcomes for learner drivers. Learner drivers will be provided with an enhanced customer experience with the introduction of an online booking system and certainty of cost through a prescribed fee for the practical driving test.

With the Government delivering practical driving tests the Competency Based Training and Assessment method, commonly referred to as the 'log book' method, will no longer be available. A new test will be developed that incorporates elements of both the Vehicle on Road Test and the Competency Based Training and Assessment methods.

The Department will continue to make the existing log-book materials publicly available online at no cost and will develop further material related to driver training instruction to prepare the learner driver for the practical driving test.

The anticipated outcomes of introducing the Bill include:

A transition to a more skilled and competent industry, the outcome of which is more skilled and competent learner drivers.

Learner drivers will pay a set fee for a driving examination, which will be prescribed in Regulations.

Reduced opportunity for corruption and predatory behaviour as all training and examination activities are available for review via in-vehicle recording.

Minimising the potential for harm against young and vulnerable people and providing them with the opportunity to learn and develop skills for life in a safe environment.

Greater incentive to comply with the requirements of the Registrar as oversight, detection and sanctioning of poor behaviour is increased.

Greater certainty and confidence for the consumer about the service they are purchasing and greater recourse for poor behaviour of Industry members.

Greater consumer protection through reduced potential for corrupt practices, greater transparency, improved standards of instruction and improved surveillance.

Improving the operation of the market and redressing the power imbalance between the consumer and the provider by enabling informed consumer choices.

Increase transparency on the status of a person holding themselves out to be a licensed motor driving instructor with the introduction of an online Register of Motor Driving Instructors and a significant increase in penalty for such an offence.

The proposed online register will allow consumers to compare providers.

These reforms seek to deliver a driver training industry which delivers high quality driver training that is best practice; road safety focussed; customer focussed; mitigates corruption; and protects children and vulnerable people.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Motor Vehicles Act 1959

3—Amendment of section 5—Interpretation

This clause amends certain definitions in the principal Act for the purposes of the measure.

4—Amendment of section 43A—Temporary configuration certificate for heavy vehicle

This clause removes references to police officer as a result of the amendment to the definition of authorised officer in clause 5.

5—Amendment of section 47C—Return, recovery etc of number plates

This clause removes a reference to police officer as a result of the amendment to the definition of authorised officer in clause 5.

6—Amendment of section 70—Return of trade plates and refunds

This clause removes a reference to police officer as a result of the amendment to the definition of authorised officer in clause 5.

7—Amendment of section 81F—Mandatory alcohol interlock scheme conditions

This clause removes a reference to police officer as a result of the amendment to the definition of authorised officer in clause 5.

8—Amendment of section 96—Duty to produce licence or permit

This clause removes references to police officer as a result of the amendment to the definition of authorised officer in clause 5.

9—Amendment of section 97A—Visiting motorists

This clause removes a reference to police officer as a result of the amendment to the definition of authorised officer in clause 5.

10—Amendment of section 98AAA—Duty to carry licence when driving heavy vehicle

This clause removes references to police officer as a result of the amendment to the definition of authorised officer in clause 5.

11—Repeal of section 98AA

Section 98AA of the principal Act is repealed.

12—Substitution of Part 3A

Part 3A of the principal Act is substituted:

Part 3A—Motor driving instructors and authorised examiners

Division 1—Preliminary

98AAH—Interpretation

Key terms are defined for the purposes of the Part.

Division 2—Motor driving instructors licences

98AAI—Requirement to hold motor driving instructors licence

A person must not act, or offer to act, for fee or reward, as a motor driving instructor unless the person holds a motor driving instructors licence. Proposed section 98AAH defines what it means for a person to act as an motor driving instructor. A person who does not hold an instructors licence is prohibited from holding themselves out to be the holder of such a licence. A person who has acted or offered to act as a motor driving instructor without holding an instructors licence is not entitled to retain any fee paid to them for so acting.

98AAJ—Application for grant or renewal of a motor driving instructors licence

This proposed section sets out the procedure for a person applying for the grant or renewal of an instructors licence.

98AAK—Grant or renewal of instructors licence

This proposed section sets out provisions in respect of the grant or renewal of an instructors licence. The Registrar must not grant or renew such a licence unless satisfied of certain matters.

98AAL—Fit and proper person

This proposed section sets out the matters that may be regarded in determining whether a person is a fit and proper person to hold an instructors licence.

98AAM—Term of instructors licence

This proposed section sets out the term of an instructors licence.

98AAN—Instructors licence conditions

This proposed section provides that the Registrar may specify such conditions of an instructors licence as the Registrar thinks fit, and specifies certain conditions that may be imposed. It is an offence for the holder of an instructors licence to contravene a condition of their licence.

98AAO—Requirement to produce instructors licence

A holder of an instructors licence must produce the licence upon request by certain persons.

98AAP—Standards for motor driving instructors

This proposed section allows the Registrar to publish standards setting out requirements to be observed by holders of instructors licences in respect of the use of designated devices (defined in the section) and the use of information from such devices. Information or material derived from a designated device and provided to the Registrar is the property of the Crown, and such information or material may be used for specified purposes. It is an offence for a person to contravene a standard published by the Registrar under the proposed section.

Division 3—Register of instructors licences

98AAQ—Register

The Registrar must keep a register of instructors licences. Certain information on the register is to be available for inspection by the public.

Division 4—Code of conduct

98AAR—Code of conduct for instructors licence holders

The Registrar may publish a code of conduct to be observed by holders of instructors licences. It is a condition of every instructors licence that the holder of the licence not contravene the code of conduct.

Division 5—Authorised examiners

98AAS—Appointment of authorised examiners

The Registrar may appoint certain persons to be authorised examiners.

98AAT—Requirement to hold appointment

A person must not act, or offer to act, for fee or reward, as an examiner unless the person holds an appointment as an authorised examiner. Proposed section 98AAH defines what it means for a person to act as an examiner. A person who does not hold such an appointment is prohibited from holding themselves out to be an authorised examiner.

Division 6—Requirement for contracts

98AAU—Requirement for contracts in certain circumstances

A holder of an instructors licence must, before acting as a motor driving instructor for a person for fee or reward, enter into a written contract with that person. The same requirement applies, subject to the regulations, to authorised examiners, or entities that employ or engage authorised examiners in certain circumstances. If such requirements are contravened, the holder of the instructors licence commits an offence.

Division 7—Cancellation and suspension etc of instructors licences and authorised examiner appointments

98AAV—Cancellation and suspension etc of instructors licences and authorised examiner appointments

A person may have their instructors licence or their appointment as an authorised examiner cancelled or suspended, or have conditions of their licence or appointment varied or revoked, or have new conditions imposed, in the circumstances set out in the proposed section.

Division 8—Review by Tribunal under this Part

98AAW—Review by Tribunal under this Part

A person who is dissatisfied by a reviewable decision of the Registrar, which is defined in the proposed section, may seek a review of the decision by the Tribunal.

Division 9—Miscellaneous

98AAX—Audits

It is a condition of every instructors licence and appointment as an authorised examiner that the holder of the licence or appointment allow an auditor appointed by the Registrar to audit the activities of the holder in accordance with the proposed section. The Registrar may, on receiving advice from an auditor, make a recommendation to, give a direction to or take disciplinary action against the holder. It is a condition of every instructors licence and appointment as an authorised examiner that the holder of the licence or appointment not contravene a direction of the Registrar given under the section.

98AAY—Evidentiary provisions

This proposed section sets out evidentiary provisions in respect of certain matters contemplated by the proposed Part.

98A—Freedom of information

The Freedom of Information Act 1991 does not apply in respect of specified documents.

13—Amendment of section 98MD—Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair

This clause removes references to police officer as a result of the amendment to the definition of authorised officer in clause 5.

14—Amendment of section 98ME—Towing of vehicle at or from scene of accident

This clause removes references to police officer as a result of the amendment to the definition of authorised officer in clause 5.

15—Amendment of section 98ML—Towtruck driver to carry and produce certificate

This clause removes a reference to police officer as a result of the amendment to the definition of authorised officer in clause 5.

16—Insertion of Part 4B

New Part 4B is proposed:

Part 4B—Enforcement

Division 1—Appointment of authorised officers

134N—Appointment of authorised officers

The Minister may appoint specified persons as authorised officers for the purposes of the principal Act.

134O—Identity cards

Authorised officers must be issued an identity card, which must contain certain information. Authorised officers must, upon request, identify themselves in the manner specified.

Division 2—Powers of authorised officers

134P—General powers of authorised officers

This proposed section sets out the powers of authorised officers for the administration or enforcement of the principal Act.

134Q—Provisions relating to warrants

This proposed section provides the circumstances in which a magistrate may issue a warrant on application of an authorised officer.

134R—Provisions relating to seizure

This proposed section sets out provisions in respect of seizure orders.

134S—Offences against authorised officers

It is an offence to engage in the conduct specified in this proposed section against an authorised officer.

134T—Self-incrimination

This proposed section displaces the privilege against self-incrimination when a person is required to answer a question or produce a document or information under the principal Act, however such an answer, document or information will not be admissible in criminal proceedings against the person (other than proceedings in respect of making a false or misleading statement).

134U—Interaction of this Division with Part 2 Division 5 of Road Traffic Act 1961

This proposed section provides that this Division is in addition to, and does not derogate from, the provisions of the stated Division of the Road Traffic Act 1961.

17—Amendment of section 137—Duty to answer certain questions

This clause removes a reference to police officer as a result of the amendment to the definition of authorised officer in clause 5.

18—Amendment of section 138A—Commissioner of Police to give certain information to Registrar

This clause is technical.

19—Amendment of section 139—Inspection of motor vehicles

This clause removes references to police officer as a result of the amendment to the definition of authorised officer in clause 5.

20—Amendment of section 143B—General defences

This clause removes a reference to police officer as a result of the amendment to the definition of authorised officer in clause 5.

21—Amendment of section 145—Regulations and fee notices

A power to make regulations of a saving or transitional nature consequent on the measure is inserted. Regulations made under such a power may take effect from the commencement of the measure or on a later day. No compensation is payable by the Crown in respect of the operation of any such regulations. Proposed section 145(1e) provides that certain fees prescribed for the purposes of that subsection are not refundable. The remaining amendments set out in this clause are technical.

Schedule 1—Transitional provisions

1—Interpretation

Schedule 1 sets out transitional provisions to support the scheme.

2—Applications for motor driving instructors' licences under Motor Vehicles Act 1959

3—Current motor driving instructor's licence holders

4—Current authorised examiners

5—Crown not liable to pay compensation

Debate adjourned on motion of Hon. D.G. Pisoni.

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