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Legislative Assembly for the ACT: 2011 Week 14 Hansard (Thursday, 8 December 2011) . . Page.. 6072 ..


(1) In relation to driving license requirements for older Canberrans, what are the existing ACT laws regarding driving testing for aged people.

(2) Has the ACT Government assessed whether these laws offend age discrimination laws or does it have legal advice on this issue and can the Minister provide this assessment and any legal advice.

Mr Corbell: The answer to the member’s question is as follows:

(1) There are no ACT laws requiring driver testing for older people, unless the person holds a public vehicle driver licence, in which case the driver is required to have an annual driving assessment from 70 years of age. Vision tests are required for all drivers on initial licence, then at the ages of 50, 60, 70 and 75 and thereafter annually. Medical assessments are required for all licence classes are required for drivers at 75 years and annually thereafter. Further information regarding medical standards for licensing are defined by the Medical Standards for Licensing and Clinical Management Guidelines approved by the Australian Transport Council (http://www.austroads.com.au/upload_files/docs/AFTD%202003-F_A-WEBREV1.pdf)

(2) In so far as this driving assessment is a pre-condition for retaining or being issued a public vehicle driver licence when one is an older driver, eyesight and medical checks as outlined above would not amount to unlawful discrimination on the basis of age under the Discrimination Act 1991.

Section 57J of that Act deals with age discrimination, in the context of the provision of services etc. It provides as follows:

"57J Goods, services and facilities—health and safety

(1) Section 19 or section 20 does not make it unlawful to discriminate against a person on the ground of age in relation to the provision of goods, services or facilities if that discrimination is practised to comply with reasonable health and safety requirements relevant to such provision.

(2) In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against."


Roads—Gungahlin Drive extension(Question No 1908)

Ms Bresnan asked the Minister for Territory and Municipal Services, upon notice, on 27 October 2011:

(1) What is the current level of congestion on Gungahlin Drive/Gungahlin Drive Extension (GDE) and how does this compare to congestion levels over the last 5 years.

(2) Can the Minister provide data from the last five years about the number of vehicles using the Gungahlin Drive/GDE and can the data include comparisons of vehicles using Gungahlin Drive/GDE before and after the completion of the road works.


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