Driving Instructors Act 1992

An applicant for a licence is not eligible to be issued with a licence unless the applicant—

has reached the age of 21 years, and

is the holder of a driver licence, and

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

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

either holds a working with children check clearance granted under the Child Protection (Working with Children) Act 2012 that is applicable to the work to be permitted by the licence or has a current application for such clearance under that Act.

An applicant for a licence is not eligible to be issued with a licence—

while serving a period of good behaviour under section 36 of the Road Transport Act 2013 (or a corresponding provision under the law of any other State or Territory), or

if the applicant is subject to an interim bar under the Child Protection (Working with Children) Act 2012.

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.

Transport for NSW must not authorise a person to undertake a course in driving instruction for the purposes of subsection (1) (d) unless—

the person has made an application for a licence in accordance with section 11, and

Transport for NSW is satisfied that the person is of good repute and good character.

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 for the work permitted by the licence.

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.