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Driving Instructors Act 1992
10Prerequisites for licence
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#### 10 Prerequisites for licence
10 Prerequisites for licence
> > (1) An applicant for a licence is not eligible to be issued with a licence unless the applicant—
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> > > (a) has reached the age of 21 years, and
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> > > (b) is the holder of a driver licence, and
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> > > (c) has, for a period of not less than 3 years during the period of 4 years before the date of the application, held a driver licence, and
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> > > (d) has been authorised by Transport for NSW to undertake, and has passed, a course in driving instruction approved by Transport for NSW and conducted by an organisation approved by Transport for NSW, and
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> > > (e) either holds a working with children check clearance granted under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) that is applicable to the work to be permitted by the licence or has a current application for such clearance under that Act.
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> > (2) An applicant for a licence is not eligible to be issued with a licence—
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> > > (a) while serving a period of good behaviour under section 36 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (or a corresponding provision under the law of any other State or Territory), or
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> > > (b) if the applicant is subject to an interim bar under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).
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> > (3) Transport for NSW may exempt any person or class of persons from the requirement under subsection (1) (d) to be authorised to undertake, or to pass, a course in driving instruction.
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> > (4) Transport for NSW must not authorise a person to undertake a course in driving instruction for the purposes of subsection (1) (d) unless—
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> > > (a) the person has made an application for a licence in accordance with section 11, and
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> > > (b) Transport for NSW is satisfied that the person is of good repute and good character.
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> > (5) Subsection (1) (e) does not apply if the applicant would be exempt from a working with children check clearance under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) for the work permitted by the licence.
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> > (6) Transport for NSW may exempt any person or class of persons from the requirement under subsection (1) (e) to hold a clearance or to have a current application for such a clearance if the licence to be issued is limited to the instruction of persons who are 18 years old or older.
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> **s 10:** Am 1998 No 99, Sch 1.3 \[2\]; 2002 No 127, Sch 1 \[7\]–\[9\]; 2013 No 19, Sch 4.18 \[3\]; 2017 No 61, Sch 2 \[4\]–\[7\]; 2020 No 33, Sch 2.1\[1\].