Driving Instructor Code of Conduct
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Scope
This policy applies to all driving instructors (you/Driving Instructor) using the Ez Licence Pty Ltd (ACN 612 095 968) (EzLicence) booking platform (Platform), both in the use of the Platform and all subsequent lessons and interactions with any learner drivers (Learners) sourced through the Platform. By using the Platform, you agree to comply with the terms of this policy.
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Contravening this policy
Any breach of this policy may lead to a Driving Instructor no longer being permitted to use the Platform, at EzLicence’s absolute discretion.
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Purpose of this policy
This policy outlines EzLicence’s standards of conduct, for Driving Instructors using the Platform. This policy intends to support EzLicence’s purpose of sourcing competent, professional and safe Driving Instructors for Learners drivers.
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Compliance with laws
Driving Instructors must comply with all applicable Australian laws, as well as the laws of the state(s) that the Driving Instructor operates within, including but not limited to maintaining a valid drivers’ licence, driving instructor’s licence, working with children check, national police criminal history check and any other required accreditations at all relevant times.
This includes compliance with all relevant traffic laws, regulations, rules, policies and guidelines.
It is the sole responsibility of the Driving Instructor to ensure that their vehicle is fully registered, roadworthy, compliant and safe at all times.
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General conduct
At all times while using the Platform, you must conduct yourself in a courteous and professional manner with all Learners, prospective Learners, workers of EzLicence, and any other person you engage with in the course of using the Platform.
Driving Instructors must provide, at a minimum, the full service booked by a Learner (ie. a 1 hour lesson must include at least 1 hour of driving instruction and a 2 hour lesson must include at least 2 hours of driving instruction), at the time booked by the Learner and provide their full attention to the Learner during the relevant period.
Where a lesson cannot be completed due to an accident, vehicle breakdown or illness, the Driving Instructor must contact all affected Learners to provide the reason why the lesson cannot be carried out, to offer options for rescheduling or retaining a different Driving Instructor and must inform EzLicence as well.
Driving Instructors must not claim payment through the Platform until after such time as the lesson has actually been provided to the Learner (ie. payment cannot be claimed prior to the actual completion of a lesson).
Driving Instructors must at all times provide competent driving instruction to the best of their ability, including by setting a good example in their own driving.
Driving Instructors must not engage in unacceptable conduct or behaviour towards any person in the course of using the Platform. Unacceptable conduct includes, but is not limited to, any conduct restricted by this policy, offensive or defamatory statements, intimidating, abusive or insulting behaviour, and any act or omission which may harm the reputation of EzLicence.
In the course of providing driving lessons through the Platform, Driving Instructors must not engage in any conduct which is unlawful, or may otherwise distract the Driving Instructor or the Learner, including but not limited to, the use of mobile phones, smoking, eating or drinking.
Driving Instructors must not allow third parties to be present in any vehicle during the provision of lessons, except where consent has been gained in advance from the Learner, or where the Learner is under 18 years of age, their parent or guardian. A Driving Instructor must not pick up a Learner for a subsequent lesson, while providing instruction to another Learner, regardless of any consent provided by the Learner.
Driving Instructors must not request or accept any payment or benefit from a Learner, beyond that which has been agreed and provided through the Platform.
Driving Instructors must not hold themselves out as being an employee, representative or agent of EzLicence at any time.
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Discrimination
Discrimination on the basis of protected attributes is unlawful under both Australian and state laws. Driving Instructors must not discriminate against any person in the course of using the Platform.
Some examples of when a person discriminates against another person, are if a person:
- treats the other person less favourably than in the same circumstances, or in circumstances which are not materially different, the person treats or would treat another person because the other person belongs (or is thought to belong) to a particular group (ie. direct discrimination);
- segregates the other person; and/or
- requires the other person to comply with a requirement or condition which is the same for everyone but is not reasonable for the other person having regard to the circumstances as it has a disproportionate or unequal effect on the other person and the other person does not or is not able to comply with it (ie. indirect discrimination).
Some examples of grounds that are commonly unlawful to discriminate on the basis of are:
- age;
- carer’s responsibilities;
- disability (including physical, intellectual and psychiatric disability);
- sexuality;
- marital status;
- race;
- sex; and/or
- transgender status.
It is also generally unlawful to discriminate against a person because an associate or relative of theirs falls into one of the abovementioned categories.
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Harassment
Driving Instructors must not engage in any conduct that amounts to harassment of any person in the course of using the Platform, including sexual harassment.
Harassment is unreasonable behaviour directed towards another person that creates a risk to their health and safety. It may be direct or indirect and includes behaviour that humiliates, intimidates or offends an employee at their workplace. Some examples of this are threats of harm, acts of violence and public humiliation.
Sexual harassment is behaviour where a person:
- makes an unwelcome sexual advance;
- makes an unwelcome request for sexual favours; and/or
- engages in other unwelcome conduct of a sexual nature,
to another person in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. This means that sexual harassment can occur even when the person engaging in the relevant behaviour does not intend to offend, humiliate or intimidate another person.
The following are examples of conduct that may amount to sexual harassment:
- physical contact (e.g. touching);
- staring or making gestures;
- telephone calls, social invitations or questioning unrelated to work;
- sexual conversations, comments, jokes, questions or teasing; and/or
- sexual material contained in messages or emails.
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Work health and safety
Driving Instructors must comply with all applicable work health and safety laws as they apply in Australia and the relevant state(s) that the Driving Instructor operates in. Under work health and safety laws, Driving Instructors may be responsible for both their own safety, as well as the safety of any third parties who are present in their workplace (ie. the Driving Instructor’s vehicle), and must take do all that is reasonably practicable to manage the risks associated with the use of their vehicle.