Legal Statement

Assessing Fitness to Drive.

Whilst every effort will be made to ensure that the Privacy and Confidentiality of all our clients are kept in accordance with the Privacy Act 1988 (Cth)., we have been forced introduce the following exception to protect our volunteers from litigation.

With the introduction of the new regulation “Assessing Fitness to Drive” introduced by the NTC and the Chain of Responsibility Legislation, the Trans-Help Foundation Board of Directors have a duty of care and wish to advise that if at any time they believe a client is a liability to his or her own safety or a risk to other road users they will respond in the following manner.

1. Advise the Driver of the concerns and request that the driver come off the road and seek appropriate medical attention. If the driver agrees and follows through on this request, no further action will be taken.

2. If driver fails to comply with advice, the Trans-Help Foundation Counsellor will report the matter to Foundations executives who will contact employer to express concern and request action. If the employer acts on the advice, no further action will be taken.

3. If employer fails to act on the matter, the Trans-Help Foundation will be forced to lodge an “Unsafe Driving Report” to ensure that in the event of any incident the Trans-Help Foundation or their Volunteers are not liable.  

In the event that an “Unsafe Driving Report” is lodged.

Clause 50(1)(c) of the Road Transport (Driver Licensing) Regulation 2008  - The authority may by notice in writing, require the holder of a driver licence, within a time specified in the notice to undergo a medical examination, conducted in accordance with Assessing Fitness to Drive, by a medical practitioner or allied professional practitioner, or produce evidence of compliance with the medical standards set out in that publication, to determine the holder’s medical fitness to hold a driver licence, or a licence of a particular class, or  to attend a specified medical practitioner or allied professional practitioner for the purpose of that examination.