Division 2General provisions for accreditations#

11Production of accreditation document etc.#

(1)While performing a relevant task, an accredited person must produce the person’s accreditation document for inspection if asked by—
(a)the accredited person’s employer; or
(b)a person for whom the accredited person is performing the relevant task; or
(c)if the accredited person is a driver trainer or a rider trainer and the person mentioned in paragraph (b) is a child—the parent or guardian of the child.

Maximum penalty—20 penalty units.

Subsection (3) applies if the chief executive has given an accredited person a notice under section 7(3) about the imposition of a condition on the person's accreditation.

While performing a relevant task, the accredited person must produce the document evidencing the imposed condition for inspection if asked by the accredited person's employer.

Maximum penalty—20 penalty units.

In this section—

relevant task: relevant task, of an accredited person, means a task carried out by the accredited person in performing the person's functions.

12Accreditation dependent on driver licence#

This section applies if—

(a) an accredited person holds a relevant accreditation; and
(b) the driver licence held by the person is—
(i) suspended; or
(ii) cancelled or surrendered.

All relevant accreditations held by the person are—

(a) if subsection (1)(b)(i) applies—
(i) automatically suspended on the day the suspension of the licence takes effect; and
(ii) of no effect while the licence is suspended; or
(b) if subsection (1)(b)(ii) applies—automatically cancelled on the day the cancellation or surrender of the licence takes effect.

In this section—

relevant accreditation: relevant accreditation means an accreditation as any of the following—

(a) a driver trainer;
(b) a rider trainer;
(c) a pilot vehicle driver;
(d) an escort vehicle driver.

13Voluntary surrender of accreditation#

An accredited person may surrender the person's accreditation by giving the chief executive a written notice of surrender.

The surrender takes effect—

(a) on the day the notice is given; or
(b) if a later day is stated in the notice, on the later day.

14Return of accreditation document#

This section applies if a person's accreditation is cancelled.

The person must return the person's accreditation document to the chief executive within the time stated by the chief executive in the notice of cancellation of the accreditation, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

15Accreditation is prescribed approval—Act, s 18(1)(c)(ii)#

An accreditation is prescribed for section 18(1)(c)(ii) of the Act.

16Accreditation not transferable#

An accreditation can not be assigned or transferred.

17Employer's duty#

The employer of an accredited person must ensure the accredited person complies with all conditions to which the accreditation is subject.

Maximum penalty—80 penalty units.

The employer does not commit an offence against subsection (1) if the employer exercised reasonable diligence and took reasonable steps to ensure the accredited person complied with the conditions mentioned in subsection (1).

18Powers of accredited persons#

An accredited person has the power to do all things necessary or convenient to be done for, or in connection with, the performance of the accredited person's functions.

19Chief executive may make rules, codes and procedures for functions of accredited persons#

The chief executive may make the following—

(a) a code (the code of conduct) for the conduct of—
(i) driver trainers when giving learners pre-licence driver training; or
(ii) rider trainers when giving eligible persons Q-Ride training;
(b) rules (the Business Rules for an Approved Person (Vehicle Modifications)) for operational requirements applying to approved persons when performing the function of an approved person;
(c) the Traffic Controller Accreditation Scheme Approved Procedure (the TCASAP) for the conduct requirements, and operational procedures, for the directing of traffic by traffic controllers when performing the function of a traffic controller.

A document mentioned in subsection (1) may provide for any matter the chief executive considers appropriate.

The chief executive must publish each document mentioned in subsection (1) on the department's website.

20Chief executive may approve assessments, experience and training courses#

The chief executive may, for section 24, 27, 34, 43, 47 or 52 (each a necessary expertise provision), approve the following—

(a) assessments;
(b) experience;
(c) training courses.

The chief executive may approve an assessment, experience or a training course for a necessary expertise provision only if satisfied a person who passes the assessment, acquires the experience or successfully completes the course will have the skills and knowledge to perform the functions of the type of accreditation to which the necessary expertise provision applies.

(3)Subsection (2) does not prevent the chief executive approving, for section 24(1) or (2), a combination of experience and a training course if satisfied a person who acquires the experience and successfully completes the training course will have skills and knowledge mentioned in subsection (2).
(4)Also, subsection (2) does not prevent the chief executive approving, for section 24(1), a training course for completion by an approved examiner if satisfied a person who successfully completes the training course will have the skills and knowledge to continue to perform the functions of an approved examiner.
(5)The chief executive must notify the following on the department’s website—
(a)the approved assessment, approved experience or approved training course for a necessary expertise provision;
(b)information about where approved assessments or approved training courses may be undertaken;
(c)for a training course approved for completion by an approved examiner—the period (the completion period), of at least 3 months after the day the training course is notified, in which an approved examiner is required to successfully complete the training course.

21Recognition of alternative assessment etc.#

(1)This section applies if a person does not meet 1 or more expertise requirements for a necessary expertise provision, other than section 24(1)(b).
(2)The person meets the expertise requirements if the person has passed another assessment, acquired other experience, or successfully completed another training course, the chief executive is satisfied is at least equivalent to the approved assessment, approved experience or approved training course that is the subject of the expertise requirements.

executive is satisfied is at least equivalent to the approved assessment, approved experience or approved training course that is the subject of the expertise requirements.

(3)In this section—

expertise requirement: for a necessary expertise provision, means a requirement under the provision to do any of the following—

(a)pass an approved assessment mentioned in the provision;
(b)acquire approved experience mentioned in the provision;
(c)successfully complete an approved training course mentioned in the provision.

22Chief executive may approve registered training organisations#

(1)The chief executive may approve a registered training organisation (an approved registered training organisation) to conduct an approved assessment or approved training course.
(2)The chief executive must notify the following on the department’s website—
(a)the approval of an approved registered training organisation;
(b)the approved assessment or approved training course the approved registered training organisation may conduct under the approval.