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New NSW Rules Strengthen Protections for Learner Drivers and Driving Instructor Accountability

Learner drivers across New South Wales will have clearer pathways to report alleged misconduct under new rules aimed at strengthening safety and accountability across the driving instruction industry.

The Driving Instructors Regulation 2026, introduced following public consultation, requires driving instructors and driving schools to clearly display information explaining how students can report alleged inappropriate behaviour or misconduct.

The changes are particularly aimed at ensuring younger and less experienced drivers know where to turn if they feel uncomfortable or unsafe during a driving lesson.

Reporting Information Must Be Clearly Displayed

Under the new regulation, driving instructors and driving schools must make information about misconduct reporting clearly available to learners.

The requirement is intended to make the complaints process easier to understand and give students greater confidence to raise concerns when necessary.

Transport for NSW policy already allows the regulator to consider action where alleged misconduct is reported against a driving instructor.

In serious cases, Transport for NSW may suspend an instructor’s licence while the matter is investigated if it considers the alleged conduct serious enough to justify immediate action.

Same-Day Record Keeping Required

The regulation also introduces tighter record-keeping requirements.

Driving instructors and driving schools must now complete records relating to lessons and vehicle hire on the same day that the service is provided.

The NSW Government says the change is designed to ensure records remain accurate, current and readily available if a complaint or other issue is later raised.

Driving instructors are already required to maintain detailed records covering information such as student details, lesson dates and times, instructor information and vehicles used during instruction. Previous regulations also required these records to be retained for at least five years.

Outdated Rules and Fees Removed

The updated regulation also removes a number of outdated administrative provisions and unused fees.

The NSW Government says this is intended to reduce unnecessary compliance requirements for driving instructors and schools while retaining licensing, safety and professional standards.

Roads and Regional Transport Minister Jenny Aitchison said the changes were designed to improve protections for learner drivers while providing clearer expectations for professional instructors.

Women’s Minister Jodie Harrison said young people learning to drive should have a clear and accessible way to report alleged misconduct if they feel unsafe.

Stronger Oversight of Driving Instructors

Driving instructors in NSW are subject to licensing and “fit and proper person” requirements administered by Transport for NSW.

Current regulatory policy allows factors including criminal offences, repeated justified complaints and serious allegations of misconduct to be considered when assessing whether someone remains suitable to hold a driving instructor licence.

The new regulation builds on those existing safeguards by making reporting information more visible to learners and requiring records to be completed closer to the time each lesson takes place.

The NSW Government says the changes are intended to modernise the regulatory framework while strengthening protections for students and maintaining professional standards across the driving instruction industry.

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