18Grounds for refusal of application

#### 18 Grounds for refusal of application 18 Grounds for refusal of application > > (1) Transport for NSW must refuse an application if— > > > > > (a) the applicant is not eligible to be issued with a licence as referred to in section 10, or > > > > > (b) Transport for NSW is not satisfied that the applicant is a person of good repute and good character, or > > > > > (c) Transport for NSW is not satisfied that the applicant is a fit and proper person to act as a driving instructor, or > > > > > (d) the applicant refused to submit to, or did not pass, any test to which the applicant was required to submit under section 15, or > > > > > (e) the applicant, if required to do so, did not obtain the medical or other certificate referred to in section 16, or > > > > > (f) Transport for NSW has reason to believe that the applicant has engaged in bribery or fraud relating to the testing of applicants for driver licences under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) or former [Road Transport (Driver Licensing) Act 1998](/view/html/repealed/current/act-1998-099) (or corresponding licences under the law in any other State, or in any Territory or country) or the issue of those licences, or > > > > > (g) Transport for NSW is of the opinion that it would not be in the public interest for the applicant to hold a licence having regard to the applicant’s record of offences (within the State or elsewhere) involving motor vehicles. > > > (2) Transport for NSW may refuse an application if— > > > > > (a) the applicant has been found guilty of an offence (within the State or elsewhere) or is charged with an offence (within the State or elsewhere), and > > > > > (b) Transport for NSW is satisfied that granting the application would be inconsistent with any of the primary objects of this Act. > > > (2A) Transport for NSW may refuse an application if, pursuant to section 26 (1) (g), Transport for NSW is satisfied that the applicant has at any time engaged in misconduct. > > > (3) If an applicant is a person with a disability (within the meaning of the [Disability Discrimination Act 1992](http://www.legislation.gov.au/) of the Commonwealth), Transport for NSW must not refuse an application on the ground that the person is, because of that disability, not a fit and proper person to act as a driving instructor, unless the applicant because of that disability would be unable to carry out the inherent requirements of the occupation of driving instructor. > > > (4) The following are to be taken into account in determining whether an applicant would be unable to carry out the inherent requirements of the occupation of driving instructor (as referred to in subsection (3))— > > > > > (a) the applicant’s past training, qualifications and experience relevant to the occupation of driving instructor, > > > > > (b) if the applicant is already acting as a driving instructor, the applicant’s performance in that occupation, > > > > > (c) all other relevant factors that it is reasonable to take into account. > > **s 18:** Am 1998 No 34, Sch 1.3 \[2\]; 1998 No 99, Sch 1.3 \[3\]; 1999 No 94, Sch 4.108; 2002 No 127, Sch 1 \[10\]; 2013 No 19, Sch 4.18 \[5\]; 2017 No 61, Sch 2 \[9\]–\[12\].