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South Australia Health Professional Reporting: Section 148 Explained

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Yes. South Australia is one of the few places in Australia where health professionals have a legal duty to tell the licensing authority about an unsafe driver. Under section 148 of the Motor Vehicles Act 1959, a doctor, optometrist or physiotherapist must notify the Registrar of Motor Vehicles if they have reasonable cause to believe a patient has a physical or mental illness, disability or deficiency that makes them likely to endanger the public if they drive. You also have your own duty to report a condition that could affect your driving, including as a learner.

This page explains the reporting rules, not medical advice. Your doctor will tell you whether your condition affects your driving.

Key facts

  • The law: section 148 of the Motor Vehicles Act 1959 (SA), headed “Duty of health professionals”.
  • Who must report: health professionals, defined to include medical practitioners, registered optometrists and registered physiotherapists.
  • When: as soon as they have reasonable cause to believe you are likely to endanger the public if you drive.
  • Your own duty: if a condition or medication could affect safe driving, you must report it to the Registrar.
  • Elsewhere in Australia: only South Australia and the Northern Territory make health professional reporting mandatory. In other states it is the driver’s responsibility.

What triggers a report?

The test is not simply having a diagnosis. It is whether the health professional believes your condition makes you likely to endanger the public when you drive. Many people with epilepsy, diabetes, eyesight problems or heart conditions drive safely and are never reported, because they meet the national medical standards in Assessing Fitness to Drive.

Older guidance for prescribers from SA Health says that when a practitioner notifies the Registrar, they should also tell the patient. Expect your doctor to discuss it with you first.

What you must declare as a learner

Declare any condition that could affect your driving when you apply for your learner’s permit, and report any new condition later. If you declare one, or the Registrar receives a report, you may be asked for a medical certificate from your doctor, who assesses you against the national Assessing Fitness to Drive guidelines. The Registrar can also require a practical driving assessment.

The other steps for getting your Ls are in Learning to drive in South Australia.

What happens after a report

  1. The Registrar reviews the information.
  2. You may be asked to provide medical evidence or undergo tests, such as a medical examination or a practical driving assessment.
  3. The Registrar may keep your permit or licence as it is, add conditions, or refuse or suspend it if you do not provide the evidence or the Registrar is not satisfied you can drive safely.
  4. The Motor Vehicles Regulations allow the health professional who reported to be told what action, if any, the Registrar took.

If you disagree with a decision, the letter from the Department will explain your review or appeal options. Check the current process with the Department for Infrastructure and Transport.

SA and NT compared with other states

The Northern Territory also has mandatory reporting; see Northern Territory mandatory medical reporting. Queensland’s rules on when learners need a medical certificate are in Queensland medical certificate for driving. A state-by-state summary of who reports what is in Medical conditions and driving in Australia.

Condition guides

Back to the hub: Driving with a medical condition or disability in Australia.

Sources

  • Government of South Australia, Motor Vehicles Act 1959, section 148 “Duty of health professionals” (legislation.sa.gov.au)
  • Government of South Australia, Motor Vehicles Regulations 2010, regulation 8 (legislation.sa.gov.au)
  • Government of South Australia, “The Driver’s Handbook: Fitness to drive” (mylicence.sa.gov.au)
  • Government of South Australia, “Medical conditions and fitness to drive” (sa.gov.au)
  • Drug and Alcohol Services South Australia, “Prescription drugs and driving: information for prescribers”, 2014 (wchn.sa.gov.au)

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