11Physical or mental incapacity or unfitness to hold licence

11 Physical or mental incapacity or unfitness to hold licence (1) In this section a reference to a person who is licensed to drive a motor vehicle includes a reference to a person who is licensed to drive a motor vehicle under a law of another country, a State or another Territory of the Commonwealth. (1A) A registered person is: (a) a medical practitioner; or

Motor Vehicles Act 1949 19 (b) a person registered under the Health Practitioner Regulation National Law (other than as a student) to practise in the occupational therapy, optometry or physiotherapy profession. (2) If the Registrar considers an applicant for, or the holder of, a licence to drive a motor vehicle (including a learner licence) may be: (a) physically or mentally incapable of driving a motor vehicle with safety to the public; or (b) otherwise physically or mentally unfit to be licensed; the Registrar may require the person to be medically examined by a registered person approved by the Registrar. (3) If a person who is licensed to drive a motor vehicle is suffering from a physical or mental incapacity that may affect the person's ability to drive a motor vehicle with safety to the public, the person, or the person's personal representative, must notify the Registrar of the nature of the incapacity or unfitness. (4) If a registered person reasonably believes that a person the registered person has examined: (a) is licensed to drive a motor vehicle; and (b) is physically or mentally incapable of 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. (5) A registered person who provides information or advice to the Registrar in good faith under this section is not civilly or criminally liable, or in breach of any professional code of conduct, for providing the information or advice. 11AA Inquiries about fitness to hold commercial passenger vehicle licence (1) The Registrar may make inquiries about a person for deciding whether the person is fit and proper to hold, or continue to hold, a licence to drive a commercial passenger vehicle. (2) For subsection (1), the Registrar may request the Commissioner of Police to provide the Registrar with the following: (a) a written report of the criminal history for the person;

Motor Vehicles Act 1949 20 (b) other evidence in relation to the character of the person. (3) Subject to other laws in force in the Territory, the Commissioner of Police must comply with the request. (4) For subsection (2)(a), the criminal history of a person is that which is: (a) in the possession of the Commissioner of Police; or (b) ordinarily accessible to the Commissioner through arrangements with the police service of another jurisdiction, including a jurisdiction outside Australia.