90BRelevant health practitioners to report impaired fitness to

90B Relevant health practitioners to report impaired fitness to drive—Act, s 28 (2) (e) (1) A relevant health practitioner must report to the road transport authority about a person if the practitioner— (a) has examined or assessed the person; and (b) reasonably believes that the person holds, or is applying for, a heavy vehicle licence; and (c) forms an opinion that the person has a permanent or long-term illness, injury or incapacity that is likely to impair the person’s ability to drive a heavy vehicle safely. Examples—par (b) 1 The person tells their health practitioner that they hold a heavy vehicle licence. 2 The person gives their doctor a medical assessment form that they need the doctor to complete. The person has pre-filled part of the form by inserting their personal details and ticking a box indicating they are applying for a heavy vehicle licence.

(2) The report must be in writing and state— (a) the person’s name, address and date of birth; and (b) that the relevant health practitioner has formed an opinion under subsection (1) (c); and (c) the grounds for the opinion. (3) The report must be given to the road transport authority as soon as practicable but not later than 7 days after the day the requirement to report arises under subsection (1). (4) Also, the relevant health practitioner must take all reasonable steps to tell the person, as soon as practicable— (a) that the practitioner is required to give a written report under subsection (1) to the road transport authority; and (b) about the content, or proposed content, of the report; and (c) if the proposed content told to the person is materially different from the actual content of the report—about the material differences. (5) For subsection (1), the road transport authority may, on request by the relevant health practitioner, give the practitioner details of any heavy vehicle licence held, or applied for, by the person. Examples—details of heavy vehicle licence 1 kind of licence 2 class of licence 3 conditions imposed on the licence 4 whether the licence held is expired, suspended or cancelled (6) The Minister may make guidelines to assist relevant health practitioners to consider whether a permanent or long-term illness, injury or incapacity is likely to impair a person’s ability to drive a heavy vehicle safely. (7) A guideline is a notifiable instrument.

Other matters Division 5.4 (8) In this section: examine or assess, a person, includes examine or assess the person by phone or other electronic audiovisual means. heavy vehicle licence— (a) means any of the following licences: (i) class LR licence; (ii) class MR licence; (iii) class HR licence; (iv) class HC licence; (v) class MC licence; and (b) includes an external driver licence that corresponds to a licence mentioned in paragraph (a). relevant health practitioner— (a) means a person registered under the Health Practitioner Regulation National Law (ACT) to practise any of the following health professions (other than as a student): (i) medical; (ii) occupational therapy; (iii) optometry; (iv) physiotherapy; (v) psychology; and (b) for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.