Keys2drive Program - Terms and Conditions

INTRODUCTION

Keys2drive is an Australian Automobile Association (AAA) road-safety initiative. Funded by the Commonwealth Government and Australia’s state and territory-based motoring clubs, Keys2drive aims to minimise the risk of harm – particularly in the first six months – for new solo drivers and their passengers. Participants learn ways to build a foundation of knowledge and skills for a lifetime of safe driving.

The moment learners gain their provisional (P) licence and drive unsupervised, their risk of being in a crash where someone is hurt increases about thirty times. This risk remains high until it gradually decreases after six to twelve months of solo driving.

Keys2drive works with learner drivers and their parents, guardians or supervisors to help new drivers learn how to be safer solo drivers before they drive solo. Keys2drive uses a ‘train the trainer’ approach to teach supervising drivers how to pass on safe and correct habits and driving practices to learner drivers. Supervising drivers learn first how to share and then gradually and safely let go of control of the vehicle. Progressively, learner drivers learn to take control and safely navigate the early stages of solo driving, aiming for six months with zero harm.

Accredited Keys2drive Driving Instructors play a critical role in Keys2drive. Teaching learner drivers how to be safer solo drivers and coaching their supervising drivers requires special capabilities. Accredited Keys2drive Driving Instructors have a genuine commitment to road safety, superior knowledge, and a willingness to share their learning.

 

BACKGROUND

A.        AAA receives funding from the Australian Government and AAA member motoring clubs to conduct the Keys2drive Program.

B.        AAA has contracted the Royal Automobile Association of South Australia (RAA) to perform certain parts of the Keys2drive Program.

C.        To participate in the Keys2drive Program and provide Keys2drive Driving Lessons, each Driving Instructor must be granted Accreditation from RAA.

D.         RAA will only grant Accreditation to Driving Instructors who have agreed to comply with these terms and conditions (as updated from time to time).

E.         These terms and conditions legally bind the Accredited Keys2drive Driving Instructors and may be enforced by the AAA or the RAA.

1.         DEFINITIONS

1.1       For the purposes of these terms and conditions the following definitions apply:

AAA - the Australian Automobile Association.

Accreditation - successful completion of requirements outlined by RAA and official approval to conduct Keys2drive Driving Lessons.

Accredited Keys2drive Driving Instructor(s) - a person who has been accredited by RAA to conduct Keys2drive Driving Lessons.

Additional Driving Services - Driving Lessons other than the Keys2drive Driving Lesson.

Application - an application by a Driving Instructor to RAA, via the Keys2drive Website, to become an Accredited Keys2drive Driving Instructor.

ANCAP - the Australasian New Car Assessment Program, which is responsible for crash testing and rating Vehicles on their levels of safety.

ASGS - Australian Statistical Geography Standard.

Bribe – anything inferred, implied or actually given, promised or offered to improperly influence a Driving Instructor.

Client – a Learner Driver and/or a Supervising Driver.

Code of Conduct-means the principals referred to at Schedule B.

Commonwealth - the Commonwealth of Australia.

Compliant Vehicle - a Vehicle which is registered, regularly serviced, is roadworthy, was rated five stars by ANCAP Safety at the time of manufacture and is no more than seven years old.

Confidential Information - confidential information of a Party that relates to the subject matter of these terms and conditions and includes:

(a)        Confidential Information relating to RAA and/or the AAA

(b)        Personal Information

(c)        Contract Material

(d)        Information relating to these terms and conditions

(e)        Confidential information relating to the Driving Instructor and any material created by them.

Contract Material - all material brought or required to be brought into existence as part of, or for the purpose of performing, the Keys2drive Driving Lessons including documents, equipment, information, photographs, software, and data, stored by any means.

Dispute Resolution Committee – the committee established by the AAA to adjudicate on disputes brought before it.

Driving Instructor - a person who has been granted and holds a current Driving Instructor Licence under the relevant State or Territory legislation.

Driving Instructor’s Details - the full name, mobile telephone number and email address of a Driving Instructor or if the Driving Instructor is an entity (association, partnership, company etc), the business address, email, ABN and phone number of the entity.

Driving Instructor Licence – means any licence, endorsement, certificate, accreditation, approval or authority issued by a State or Territory (however named) that allows an individual to provide driving lessons.

Driving Instructor’s Particulars - the information about the Driving Instructor provided by the Driving Instructor to RAA during the Keys2drive Accreditation process, including without limitation:

(a)       Driving Instructor’s Details; and

(b)       driver licence; and

(c)       Driving Instructor Licence; and

(d)       Vehicle insurance policy for all vehicles used to deliver Keys2drive Driving Lessons; and

(e)       Working with Children Check (or State or Territory equivalent), Blue Card or Police Check, whichever is relevant

Driving Lesson – a specified period of time in which a Driving Instructor teaches and/or assesses a Learner Driver.

Driving School – means a business that employs Driving Instructors to give people lessons in how to drive.

Driver Training - educating in the operation of a motor vehicle, which includes assessment and providing advice, demonstrations and instructions.

Employ – includes any engagement, whether or not for remuneration.

FLID (Free Lesson ID) - the Keys2drive Lesson identification number provided to eligible Learner Drivers at keys2drive.com.au.

Golden Rules – the requirements of Keys2drive Driving Lessons and the Keys2drive Program that must always be observed, which may be amended from time to time.

GST -

(a)        the same as in the GST Law;

(b)        any other goods and services tax, or any tax applying to this transaction in a similar way; and

(c)        any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.

GST Law - A New Tax System (Goods and Services Tax) Act 1999 (Cth) or if that Act ceases to exist for any reason, any Act imposing or relating to the imposition or administration of goods and services tax in Australia and any regulation made under the Act.

Individual – a natural person.

Intellectual Property - all copyright and all rights in relation to inventions (including patent rights), registered and unregistered trademarks (including service marks), registered designs (including insignia and logos), confidential information, databases, scripts (including trade secrets and know-how) and all other rights resulting from intellectual activity in any field whatsoever.

Keys2drive Accreditation Sticker(s) - a sticker associated with the Keys2drive Program and provided to the Accredited Keys2drive Driving Instructor for display on their Vehicle(s).

Keys2drive Administration Team – any or all member(s) of the Keys2drive staff.

Keys2drive Driving Lesson – a specified period of time in which an Accredited Keys2drive Driving Instructor provides teaching and support to a Learner Driver and their Supervising Driver at no charge to the Learner Driver or Supervising Driver (the free lesson).

Keys2drive Learner Driver – a person registered as an eligible driver at www.keys2drive.com.au

Keys2drive Lesson Location - the physical location agreed between the Accredited Keys2drive Driving Instructor, Learner Driver and Supervising Driver at which the Keys2drive Driving Lesson will commence.

Keys2drive Office - the RAA office currently located at 101 Richmond Road, Mile End, South Australia.

Keys2drive Program - the driver safety program conducted by RAA and funded by the Commonwealth Government and Australia’s state and territory-based motoring clubs.

Keys2drive Training Course – a Keys2drive-devised program that includes, but is not limited to an online training package.

Keys2drive Website - the website accessible via the World Wide Web at Keys2drive.com.au or any such domain as amended from time to time.

Learner Driver - a person who has a current learner driver licence under the applicable State or Territory legislation who is eligible for a Keys2drive Driving Lesson.

No Shows – a situation where an Accredited Keys2drive Driving Instructor is ready, willing, and able to deliver a Keys2drive Driving Lesson but is prevented from doing so due to the absence of the Keys2drive Learner Driver or the Supervising Driver from the Keys2drive Lesson Location.

Personal Information - means personal information as defined under Privacy Act 1988 (Cth).

Privacy Act means Privacy Act 1988 (Cth).

RAA - Royal Automobile Association of South Australia Incorporated (ABN 90 020 001 807) of 101 Richmond Road, Mile End, SA 5031.

RAA Material - any material provided by RAA to the Driving Instructor / Keys2drive Accredited Driving Instructor for the purposes of the Driving Instructor / Keys2drive Accredited Driving Instructor performing its obligations under these terms and conditions.

Road Map - the brochure, provided by RAA to Accredited Keys2drive Driving Instructors, to facilitate the theoretical component of the Keys2drive Driving Lesson.

Supervising Driver – means the person overseeing the Keys2drive Learner Driver who is legally authorised to be a Supervising Driver under their state or territories classification and who is not the driving instructor, and is registered as such at www.keys2drive.com.au

Term - the period of time referred to in clause 2.2 of these terms and conditions.

Unacceptable behaviour – includes, but is not limited to, intimidation, abuse or threats to a person; offensive jokes or language; suggestive or derogatory comments about a person’s racial or ethnic background, sex, sexual preference, disability, physical appearance or religion; using stereotypes such as making assumptions about a person’s peer group behaviour, values, culture or abilities; abusive or derogatory comments about a person’s learning or driving ability; comments or questions about a person’s sex life or any other personal issues; deliberate touching of the learner driver; the display of pictures or other material which can be interpreted as offensive and/or obscene; coercive behaviour intended to inappropriately influence the learner driver or a supervising driver; discrimination against a person on the basis of their age, race, ethnicity, gender, nationality or politics; and misrepresenting the instructor’s experience or training history.

 

1.2       INTERPRETATIONS

1.2.1    The following rules apply in interpreting these terms and conditions, except where the context makes it clear that a rule is not intended to apply.

(a)       A singular word includes the plural, and vice versa.

(b)       A word which suggests one (1) gender includes the other genders.

(c)       If a word is defined, another part of speech has a corresponding meaning.

(d)       A reference to anything (including a right, obligation, or concept) is a reference to the whole and each part of it.

(e)       If an example is given of anything (including a right, obligation, or concept), such as by saying it includes something else, the example does not limit the scope of that thing.

(f)        Headings are for convenience only, and do not affect interpretation.

(g)       Any schedules to these terms and conditions form part of the Agreement.

 

2.         TERM

2.1       The Accredited Keys2drive Driving Instructor agrees to be bound by these terms and conditions for the Term.

2.2       The Term of these terms and conditions is linked to the Keys2drive Program funding agreement with the Commonwealth government and will commence on the date the Driving Instructor submits an Application to the RAA and will continue until the earlier of:

2.2.1    the withdrawal by RAA of the Driving Instructor’s Accreditation; or

2.2.2    termination of these terms and conditions by RAA.

 

3.         APPOINTMENT OF INSTRUCTORS

3.1       The Driving Instructor acknowledges and agrees that the RAA can suspend or withdraw Accreditation at any time in accordance with these terms and conditions.

3.2       The Driving Instructor acknowledges and agrees that RAA can vary the requirements of Accreditation from time to time.

3.3       The Driving Instructor covenants and agrees that in consideration of being given Accreditation, the Driving Instructor shall, during the Term:

(a)       abide by the Code of Conduct and all Keys2drive policies as amended from time to time;

(b)       successfully complete the Keys2drive Training Course;

(c)       provide current copies of all documents required to maintain Accreditation, including but not limited to the Driving Instructor’s Details and the Driving Instructor’s Particulars.;

(d)       keep accurate books and records, which relate to the Keys2drive Program, the Accredited Keys2drive Driving Instructor’s performance of the Keys2drive Driving Lessons, or which otherwise relate to the performance by the Accredited Keys2drive Driving Instructor of the obligations under these terms and conditions;

(e)       complete professional self-development, maintenance and online training and self-coaching courses, as directed by RAA;

(f)        immediately inform RAA in writing in the event of any changes to the Driving Instructor’s Particulars;

(g)       maintain and regularly monitor an active email address on which the Driving Instructor can be contacted by RAA from time to time;

(h)       verify all FLIDs at time of booking;

(i)        claim all delivered Keys2drive Driving Lessons and No Shows within 30 days of delivery;

(j)      conduct the business of a Keys2drive Driving Instructor with the professional care, skill and diligence expected of a Driving Instructor;

(k)     obey all relevant laws and regulations including Commonwealth, State and Territory human rights and anti-discrimination laws in relation to these terms and conditions, including the Equal Opportunities for Women in the Workplace Act 1999 (Cth);

(l)        notify RAA of the Vehicle(s) used by the Accredited Keys2drive Driving Instructor to conduct the Keys2drive Driving Lessons.

3.5       The Driving Instructor consents to and agrees that during the Term RAA may, at its discretion:

(a)       publish the Driving Instructor’s Details on the Keys2drive Website including the defined area of operation in which the Accredited Keys2drive Driving Instructor will provide Keys2drive Driving Lessons to a Client;

(b)       provide to the Accredited Keys2drive Driving Instructor at least one Keys2drive Accreditation Sticker for each Vehicle and the Code of Conduct;

(c)       provide ongoing coaching and professional development support to the Accredited Keys2drive Driving Instructor as determined by RAA from time to time.

 

4.         DRIVING SERVICES

4.1       The RAA understands the Accredited Keys2drive Driving Instructor participates in the Keys2drive Program on a non-exclusive basis. For the avoidance of doubt, the Accredited Keys2Drive Driving Instructor may deliver Additional Driving Services during the Term.

4.2       Despite clause 4.1, during the Term, the Accredited Keys2drive Driving Instructor warrants to only             perform Keys2drive Driving Lessons whilst maintaining their Accreditation.

4.3       The Driving Instructor acknowledges that acceptance of these terms and conditions and/or receiving Accreditation does not entitle an Accredited Keys2drive Driving Instructor to perform any minimum number of Keys2drive Driving Lessons during the Term. No representations in relation to minimum number of Keys2drive Driving Lessons nor warranties have been provided to the Driving Instructor or Accredited Keys2drive Driving Instructor as to the number of Keys2drive Driving Lessons that the Accredited Keys2drive Driving Instructor will be engaged to perform during the Term.

4.4       The Accredited Keys2drive Driving Instructor must perform the Keys2drive Driving Lessons with the degree of skill, care and diligence normally exercised by a Driving Instructor in similar circumstances.

4.5       The Accredited Keys2drive Driving Instructor shall perform the Keys2drive Driving Lesson as directed by RAA or its nominee.

4.6       Unless otherwise determined by the RAA, the Accredited Keys2drive Driving Instructor shall deliver the Keys2drive Driving Lesson adhering to the Code of Conduct and all Golden Rules which are listed on the Accredited Keys2Drive Driving Instructor’s dashboard through the web portal.  The Golden Rules include without limitation:

(a)               the Supervising Driver being present for the entire 60-minute Keys2drive Driving Lesson;

(b)               the Road Map being presented to the Learner Driver at the start of every Keys2drive Driving Lesson;

(c)               an original copy of the Road Map being provided to the Learner Driver or Supervising Driver;

(d)               the Learner Driver taking control of the Vehicle in the second part of the Keys2drive Driving Lesson;

(e)               the Keys2drive Driving Lesson being delivered in the Compliant Vehicle;

(f)                the Keys2drive Driving Lesson being delivered on an obligation-free basis;

(g)               the Keys2drive Driving Lesson being delivered to Learner Drivers only;

(h)               the key messages around safer cars being discussed with the Learner Driver and Supervising Driver;

(i)                 keys2drive Driving Lesson claims to be processed within 30 days of the Keys2drive Driving Lesson delivery date.

4.7       Each Accredited Keys2drive Driving Instructor shall order their own stock of Keys2drive Road Maps through their online instructor profile in readiness and with the intention of always having a Road Map ready and on hand for each Keys2drive Driving Lesson.

4.8       The Accredited Keys2drive Driving Instructor must not coerce a Learner Driver and/or Supervising Driver to purchase Additional Driving Services from the Accredited Keys2Drive Driving Instructor. For example, the Accredited Keys2Drive Driving Instructor shall not require that a Learner Driver and/or Supervising Driver purchase Additional Driving Services as a condition of that Accredited Keys2drive Driving Instructor providing the Keys2drive Driving Lesson.

4.9       The Accredited Keys2drive Driving Instructor must not use a Keys2drive Driving Lesson in conjunction with any online group buying deal or other deal unless prior approval from the Keys2drive Administration Team has been obtained in writing. The Accredited Keys2drive Driving Instructor understands such approval may have certain conditions attached to it which it warrants to abide by. Such conditions, without limitation, may include:

(a)       stating the lesson is a Keys2drive Driving Lesson; and

(b)       making reference to the Keys2drive Website; and

(c)       stating that the Keys2Drive Program is funded by the Commonwealth Government and Australia’s state and territory based motoring clubs; and

(d)       ensuring that the details of any deal clearly identify that the Keys2drive Driving Lesson can be supplied by the Accredited Keys2drive Driving Instructor independently of the deal.

4.10     The Accredited Keys2drive Driving Instructor warrants to not enter into any subcontract for the purpose of directly or indirectly fulfilling the Accredited Keys2drive Driving Instructor’s obligations under these terms and conditions.

4.11     The Accredited Keys2drive Driving Instructor will use a Compliant Vehicle for the provision of the Keys2drive Driving Lessons.

4.12     The Accredited Keys2drive Driving Instructor will display its Keys2drive Accreditation Sticker on the windscreen or window of the Compliant Vehicle during the Keys2drive Driving Lesson.

4.13     The Accredited Keys2drive Driving Instructor will comply with all relevant Commonwealth, State, and local laws in performing its obligations under these terms and conditions.

 

5.         VEHICLES

5.1       The Accredited Keys2drive Driving Instructor must use a Compliant Vehicle for Keys2drive Driving Lessons.

5.2       The Accredited Keys2drive Driving Instructor must not perform Keys2drive Driving Lessons in a vehicle owned by the Learner Driver or Supervising Driver.

5.3       The Accredited Keys2drive Driving Instructor must not perform Keys2drive Driving Lessons in a vehicle that is not listed in the Driving Instructors Particulars.

 

6.         FEE

6.1       The Accredited Keys2Drive Driving Instructor acknowledges that the fees payable by RAA as consideration for the provision of the Keys2drive Driving Lessons will be published on the Keys2drive Website at https://www.keys2drive.com.au/payment-structure or notified to an Accredited Keys2Drive Driving Instructor by RAA from time to time.

6.2       The Accredited Keys2Drive Driving Instructor agrees that the fees include all costs and disbursements incurred by the Accredited Keys2Drive Driving Instructor in providing the Keys2drive Driving Lessons, including but not limited to purchase, petrol and the maintenance costs of the Compliant Vehicle.

6.3       Subject to section 6.4, the Accredited Keys2drive Driving Instructor agrees that no fees are payable in full or in part by RAA in respect of any Keys2drive Driving Lessons unless RAA is in receipt of a completed online lesson claim for the relevant Keys2drive Driving Lesson or No Shows.

6.4       The Accredited Keys2drive Driving Instructor agrees that all claims for Keys2drive Driving Lessons will be submitted within 30 days of lesson delivery, failure to do so may result in a financial penalty up to the equivalent of the amount of the corresponding online lesson claim.

6.5       Subject to acceptance of the on-line lesson claim by RAA, all monies payable by RAA to the Accredited Keys2drive Driving Instructor under these terms and conditions shall be paid within 15 days of receipt of a correctly and fully completed online lesson claim.

6.6       The Accredited Keys2drive Driving Instructor acknowledges that, subject to subclauses 6.3 and 6.4, RAA will forward to the Driving School:

(a)       Recipient Created Tax Invoices (RCTIs) and adjustment notes in respect of taxable supplies made in connection with these terms and conditions to the Accredited Keys2drive Driving Instructor who is registered for GST. The Accredited Keys2drive Driving Instructor will not issue tax invoices or adjustment notes in respect of these taxable supplies. To assist with the Instructor’s and RAA’s respective GST obligations, RAA will prepare and provide the Accredited Keys2drive Driving Instructor an RCTI upon payment of the nett amount to the Accredited Keys2drive Driving Instructor. The Accredited Keys2drive Driving Instructor indemnifies RAA against any liability for GST and any penalty that may arise from understatement of GST payable on any supply; or

(b)       a Payment Statement to Accredited Keys2drive Driving Instructor who are not registered for GST.

6.7       The parties agree that in the event that the Australian Tax Office determines that the Keys2drive Driving Lessons are not a supply under the GST Law in respect of which RAA can issue a recipient generated tax invoice, that the Accredited Keys2drive Driving Instructor will forthwith issue a Tax Invoice to RAA for the Keys2drive Driving Lessons.

6.8       The Accredited Keys2drive Driving Instructor acknowledges that RAA may defer or refuse any payment if it reasonably considers that the Instructor has not complied with these terms and conditions.

6.9       The Accredited Keys2drive Driving Instructor acknowledges that the lesson fees published on the Keys2drive Website or notified to the Accredited Keys2drive Driving Instructor by the RAA are set on a sliding scale according to the Australia Statistical Geography Standard (ASGS) Remoteness structure.

 

7.         GOODS AND SERVICES TAX

7.1       Where the Accredited Keys2drive Driving Instructor is currently registered for GST purposes, it shall provide its ABN (Australian Business Number) to RAA.

7.2       The Accredited Keys2drive Driving Instructor acknowledges that it is required to notify RAA of its GST registration status on the date of these terms and conditions and that it will notify RAA of any changes to its registration status. That is, the Driving School will notify RAA if it ceases to be registered or becomes registered or required to be registered for GST.

 

8.         INTELLECTUAL PROPERTY

8.1       The Accredited Keys2drive Driving Instructor agrees that RAA is the absolute owner of all Intellectual Property in RAA Material or if it does not own the relevant Intellectual Property rights, it has the necessary authority by way of licence to use such Intellectual Property rights.

8.2       A Driving Instructor and/or Accredited Keys2drive Driving Instructor warrants not to amend, adapt, commercialise, exploit, sell or otherwise deal with the Contract Material.

8.3       All Intellectual Property in Contract Material is either licensed to or will vest in RAA upon its creation.

8.4       All Driving Instructor(s) and all Accredited Keys2drive Driving Instructor(s) understand they have no Intellectual Property rights, moral rights or any form of ownership rights over the Contract Material and/or any RAA Material.

8.5       On the expiration or earlier termination of these terms and conditions, the Accredited Keys2drive Driving Instructor will return (unless otherwise agreed in writing) all RAA Material and Contract Material to RAA.

8.5       RAA may advise the Accredited Keys2drive Driving Instructor of any conditions attaching to the use of any Intellectual Property that forms part of the RAA Material and/or Contract Material. The Accredited Keys2drive Driving Instructor will use that RAA Material and/or Contract Material only in accordance with those conditions.

8.6       The Accredited Keys2drive Driving Instructor will be responsible for safely storing and maintaining the RAA Material and/or Contract Material.

 

9.         CONFIDENTIALITY

9.1       The Accredited Keys2drive Driving Instructor will not, without the prior written approval of RAA, disclose the Confidential Information.

9.2       The Accredited Keys2drive Driving Instructor will not be in breach of sub-clause 9.1, where it is legally compelled to disclose the Confidential Information.

9.3       The Accredited Keys2drive Driving Instructor will take all reasonable steps to ensure that its employees and agents, and any contractors engaged for the purposes of the Keys2drive Program, do not make public or disclose the Confidential Information.

9.4       RAA may require the Accredited Keys2drive Driving Instructor to arrange for its employees to execute a confidentiality deed which obliges those employees to comply with equivalent provisions to those contained in this Clause 9.

9.5       The Accredited Keys2drive Driving Instructor will on demand return to RAA any documents that RAA supplied to the Accredited Keys2drive Driving Instructor in connection with the Keys2drive Program, and remove and destroy the Keys2drive Accreditation Sticker.

 

10.       PRIVACY

10.1     The Accredited Keys2drive Driving Instructor warrants to, with respect to or in connection with the performance of the Keys2drive Driving Lesson, the Keys2drive Program in general and in upholding its obligations in accordance with these terms and conditions abide by the Privacy Act and the below:

(a)       not do any act or engage in any practice that would breach an Australian Privacy Principle (APP) contained in section 14 of the Privacy Act which if done or engaged in by RAA would amount to a breach;

(b)       to carry out and discharge the obligations contained in the APPs and comply with the requirements relating to collection, storage, access, alteration, use and disclosure of Personal Information created or obtained in connection with the Keys2drive Program;

(c)       immediately notify RAA if the Accredited Keys2drive Driving Instructor becomes aware of a real, possible or threatened data breach of any Personal Information collected by the Accredited Keys2drive Driving Instructor or any of the Accredited Keys2drive Driving Instructor’s subcontractors;

(d)       to indemnify and forever hold harmless the RAA, the AAA and where necessary the Commonwealth, in respect of any loss, liability expense suffered or incurred by it arising out of, or in connection with, a breach of Personal Information or of any obligations by the Accredited Keys2drive Driving Instructor, its employees, agents, contractors or invitees under this clause;

(e)       to comply with any directions, guidelines, determinations, or recommendations relating to Personal Information given to it by the RAA or the AAA made by the Office of the Australian Information Privacy Commissioner, a State or Territory based equivalent or by Department of Infrastructure Regional Development and Cities.

10.2     The Accredited Keys2drive Driving Instructor must only use Personal Information obtained from RAA or the Client for the purpose for which that Personal Information was supplied.

10.3     The Accredited Keys2drive Driving Instructor must not disclose any Personal Information provided by RAA or the Client to any other person, company, or other entity except in the following circumstances:

(a)       to the AAA or its related member clubs when reasonably requested;

(b)       where the Accredited Keys2drive Driving Instructor has obtained the prior written approval of RAA to that disclosure;

(c)       where the disclosure is to the Accredited Keys2drive Driving Instructor’s employees and those employees require access to that information to fulfil the Accredited Keys2drive Driving Instructor’s obligations under these terms and conditions;

(d)       where the disclosure is required or authorised by or under law, in which case the Accredited Keys2drive Driving Instructor must notify RAA immediately upon becoming aware that the disclosure of Personal Information may be required by law.

10.4     The Accredited Keys2drive Driving Instructor must take all reasonable measures to ensure that Personal Information provided by RAA, or the Client is protected against loss, unauthorised access, use, modification, disclosure, or other misuse and is stored and accessed in accordance with the Privacy Act.

10.5     At the conclusion of the purpose for which the Personal Information was supplied to the Accredited Keys2drive Driving Instructor by RAA or the Client, the Accredited Keys2drive Driving Instructor must return all Personal Information to RAA, and destroy or delete any information or copies of all information which is incapable of being returned to RAA.

 

11.       ACCESS

11.1     If requested in writing, the Accredited Keys2drive Driving Instructor will provide to RAA and its authorised officers, employees, or agents:

(a)       full and safe access to the Accredited Keys2drive Driving Instructor’s vehicle used for Keys2drive Driving Lessons;

(b)       access to all the Accredited Keys2drive Driving Instructor’s books and records, which relate to the performance of the Keys2drive Driving Lessons, or which otherwise relate to the performance by the Accredited Keys2drive Driving Instructor of the obligations under these terms and conditions;

(c)       supply such information relating to the performance of the Keys2drive Driving Lessons and the other obligations on the Accredited Keys2drive Driving Instructor under these terms and conditions as is reasonably requested by RAA; and

(d)       where relevant, provide a suitably qualified or informed representative, agent, or employee to assist RAA and its authorised officers or agents in relation to the obligations under this clause.

 

12.       INSURANCE

12.1     The Accredited Keys2Drive Driving Instructor must take out with a reputable insurer and keep in force at all times during the Term:

(a)       workers’ compensation and employers’ liability insurance in accordance with and to the extent required by any legislation or regulation; and

(b)       full comprehensive vehicle insurance for all Compliant Vehicles used to deliver Keys2drive Driving Lessons.

(c)        any other insurance policies RAA require from time to time.

12.2     The Accredited Keys2Drive Driving Instructor will, as and when reasonably requested by RAA, provide to the RAA certificates of currency in relation to the insurance policies referred to in this clause.

 

13.       REPORTING

13.1     The Accredited Keys2drive Driving Instructor agrees to provide reports and other Keys2drive Program documentation to the RAA as RAA reasonably requires from time to time. The reports must be generated in the time frame as nominated by RAA.

13.2     The Accredited Keys2drive Driving Instructor agrees to provide copies of all documents required to maintain accreditation to RAA upon the Accreditation renewal date or as RAA reasonably requires from time to time:

13.3     If at any time during the Term the Accredited Keys2drive Driving Instructor believes it may be unable to comply with its obligations, the Accredited Keys2drive Driving Instructor must give immediate written notice to RAA stating:

(a)        the reason the Accredited Keys2drive Driving Instructor is unable to comply; and

(b)        the time within which the Accredited Keys2drive Driving Instructor can comply, if possible.

 

14.       ACKNOWLEDGEMENT AND PUBLICITY

14.1     The Accredited Keys2drive Driving Instructor agrees that it will not conduct any private or public interviews in respect of these terms and conditions, the Keys2drive Program, the Keys2drive Driving Lessons, or the practices of RAA, unless approved in writing by RAA or its nominee.

14.2     The Accredited Keys2drive Driving Instructor agrees that it must, if requested by RAA, in all publications, promotional and advertising materials, public announcements and activities by the Accredited Keys2drive Driving Instructor or on the Accredited Keys2drive Driving Instructor’s behalf in relation to the provision of the Keys2drive Driving Lessons, acknowledge the financial support provided by the Commonwealth in a manner approved by RAA prior to its publication or use.

 

15.       FAIRNESS AND REPRESENTATIONS

15.1     The Driving Instructor acknowledges that:

(a)       the Driving Instructor has had a full and proper opportunity to seek independent advice on these terms and conditions

(b)       these terms and conditions are, in the Driving Instructor’s opinion, fair and reasonable having regard to the Keys2drive Driving Lessons, the period over which they are to be provided, the price payable for them and the circumstances in which the Agreement may be terminated or varied

(c)       the Driving Instructor has accepted these terms and conditions without relying upon any other representation concerning the terms and conditions, the Keys2drive Driving Lessons or the intention or practices of RAA.

 

16.       INDEMNITY

16.1     The Accredited Keys2drive Driving Instructor agrees to indemnify and undertake to keep indemnified the Commonwealth, the AAA, RAA, its officers, employees, contractors, and agents from and against all actions, claims, demands, costs and expenses (including the costs of defending or settling any action, claim or demand) which may arise from or as a consequence of any act or omission by the Accredited Keys2drive Driving Instructor.

 

17.       CONFLICT OF INTEREST

17.1     The Driving Instructor and/or Accredited Keys2drive Driving Instructor warrants that to the best of its knowledge no conflict of interest exists or is likely to arise in the performance of its obligations under these terms and conditions.

17.2     The Accredited Keys2drive Driving Instructor will not, during the Term, engage in any activity likely to compromise their ability to perform its obligations under these terms and conditions fairly and independently. The Accredited Keys2drive Driving Instructor will immediately disclose to RAA any activity which constitutes or may constitute a conflict of interest generally.

 

18.       NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY

18.1     The Driving Instructor and/or any Accredited Keys2drive Driving Instructor agrees that it is not and agrees to represent that it is not an employee; partner; agent; or representative of RAA; and the agrees it has no authority to incur any liability or to make any representation on behalf of RAA, the AAA or the Commonwealth.

 

19.       APPLICABLE LAW

19.1     These terms and conditions are governed by the law in force in South Australia and the Driving Instructor and/or Accredited Keys2drive Driving Instructor submits to the jurisdiction of the courts of that State.

 

20.       SURVIVAL

20.1     Clauses relating to security, access, Intellectual Property, confidentiality, RAA Materials, further assurances and the giving of indemnities will survive the expiry or termination of these terms and conditions.

 

21.       SEVERABILITY

21.1     If a provision in these terms and conditions is or becomes invalid or unenforceable, the provision is to be read down so as to be valid and enforceable. If it cannot, these terms and conditions take effect as if they did not include that provision, and the other provisions shall remain valid in all respects.

 

22.       ANTI DISCRIMINATION

22.1     The Accredited Keys2drive Driving Instructor will ensure that it performs the Keys2drive Driving Lessons in a manner which is non-discriminatory.  The Accredited Keys2drive Driving Instructor will ensure that sexist, racist, demeaning or language otherwise offensive in nature not be used in relation to any of its activities, in published materials or presentations and that cultural, racial or gender-based stereotypes are not included. In particular, the Accredited Keys2drive Driving Instructor will comply with all Commonwealth, State and Territory human rights and anti-discrimination laws in relation to these terms and conditions, including the Workplace Gender Equality Act 2012 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth), the Fair Work Act 2009 (Cth) and the Fair Work Amendment Act 2013 (Cth).

 

23.       TERMINATION

Termination by RAA

23.1     The Driving Instructor and/or the Accredited Keys2drive Driving Instructor agrees that RAA may terminate the its participation in the Keys2drive Program:

(a)       in the event of breach by the Driving Instructor and/or Accredited Keys2drive Driving Instructor of its obligations contained in these Terms and Conditions, the Accreditation and the Keys2drive Program in general, which breach has not been remedied after notice from RAA (email, telephone call or letter) requiring the breach to be remedied;

(b)       upon giving the Driving Instructor’s and/or Accredited Keys2drive Driving Instructor 30 days written notice of its intention to terminate its participation in the Keys2drive Program, where RAA is in receipt of a notice from the AAA or the Commonwealth terminating the Keys2drive Program funding agreement in whole or reducing the scope of the Keys2drive Program funding agreement;

(c)     without notice:

(i)      where the Driving Instructor’s and/or the Accredited Keys2drive Driving Instructor’s Accreditation has been withdrawn or suspended by RAA; or

(ii)     where the Accredited Keys2drive Driving Instructor has failed to update expired documents required for maintaining Accreditation, for a period of 30 days from date of expiry; or

(iii)    where the Driving Instructor and/or Accredited Keys2drive Driving Instructor has breached the Code of Conduct or any one or more of the Golden Rules of Keys2drive Driving Lessons; or

(iv)    where, in the reasonable opinion of RAA, the Accredited Keys2drive Driving Instructor and/or Driving Instructor has been guilty of any dishonesty, serious misconduct, or neglect of duty, including but not limited to the Driving Instructor and/or Accredited Keys2drive Driving Instructor being convicted of an offence involving the use of a motor vehicle; or

(v)     where an order is made for the winding up or dissolution of the Driving Instructor and/or Accredited Keys2drive Driving Instructor; or

(iv)    where a receiver or receiver and manager, official manager, administrator, trustee, provisional liquidator, or similar officer is appointed for all or any part of the assets or the undertaking of the Driving Instructor and/or Accredited Keys2drive Driving Instructor; or

(vi)    where the Driving Instructor and/or Accredited Keys2drive Driving Instructor enters into, or resolves to enter into, an arrangement or composition or compromise with, or assignment for, the benefit of its creditors generally or any class of creditors or proceedings are commenced to sanction such arrangement, composition or compromise; or

(vii)   where the Driving Instructor and/or Accredited Keys2drive Driving Instructor becomes bankrupt, or is unable to pay its debts or suspends payment of its debts within the meaning of the Bankruptcy Act, 1966 (Cth); or

(viii)  where the Accredited Keys2drive Driving Instructor ceases to operate as a duly-licensed Driving Instructor for whatever reason.

Termination by Instructor

23.2     The Driving Instructor and/or the Accredited Keys2drive Driving Instructor may terminate its obligations under these terms and conditions immediately upon giving RAA 30 days written notification of its intention to do so.

23.3     Should a Driving Instructor and/or Accredited Keys2drive Driving Instructor feel as though the RAA has breached its obligations under these Terms and Conditions, the Driving Instructor and/or Accredited Keys2drive Driving Instructor will follow the resolution of dispute process set out in clause 26.

Procedure at Termination

23.4     Upon provision of a notice by RAA pursuant to clause 23.1(a), or upon termination pursuant to 23.1(b), 23.1(c) or 23.2 the Driving Instructor (where relevant) and/or the Accredited Keys2drive Driving Instructor shall take immediate steps to cease performing the Keys2drive Driving Lessons as at the date of termination and shall not incur additional expenditure and shall co-operate with RAA and deliver to RAA or RAA’s nominee within 14 days of the date of termination, all RAA Material, all Contract Material, Keys2drive Accreditation Sticker(s), files, documents, data and information in any form held by the Driving Instructor and/or the Accredited Keys2drive Driving Instructor relating to the Keys2drive Program, Keys2drive Driving Lessons and/or Keys2drive Learner Drivers, and shall, when reasonably required by RAA, meet with RAA and such other persons nominated by RAA with a view to ensuring that RAA or RAA’s nominee has sufficient information to enable RAA to complete the Keys2drive Driving Lessons.  

23.5     Termination shall be without prejudice to any claim which RAA may have against the Driving Instructor and/or the Accredited Keys2drive Driving Instructor in respect of any breach of the terms of these terms and conditions which occurred prior to the date of Termination.

23.6     The Accredited Keys2drive Driving Instructor acknowledges that the RAA will not be liable to make payment for any Keys2drive Driving Lessons performed after the effective date of termination.

23.7     Upon receipt of a notice of termination from RAA, the Driving Instructor and/or the Accredited Keys2drive Driving Instructor will:

(a)        stop the work specified in the notice (and if none is specified, the Keys2drive Driving Lessons)

(b)        take all available steps to minimise loss arising from that Termination including any loss in relation to any affected subcontracts.

 

24        Dispute Resolution Committee

24.1     The AAA will convene a Dispute Resolution Committee (Committee) when a dispute is logged with the Keys2drive Administration Team.

24.2     When a dispute relates to the suspension or cancellation of an Accredited Keys2drive Driving Instructor, the Committee shall consist of:

(a)       a Chairperson, appointed by the AAA; and

(b)       a member of the Keys2drive Administration Team; and

(c)       a person appointed by the Australian Driver Trainers Association.

24.2     When a dispute relates to a notice given under clause 26, the Committee shall consist of:

(a)        an independent Chairperson, appointed by the AAA; and

(b)       a member of the AAA staff; and

(c)       a member of the Keys2drive Administration Team who was not involved in the good faith negotiations referred to in clause 26.2; and

(d)       a person appointed by the Australian Driver Trainers Association.

24.3     A member or proposed member of the Committee shall advise the Chairperson, and take no further part in any dispute resolution proceedings, where he or she has:

(a)       a direct interest, pecuniary or otherwise; or

(b)       an interest which could otherwise conflict, or appear to conflict, with the proper performance of his or her duties as a member of the Committee.

24.4     A member or former member of the Committee shall ensure confidentiality and shall not, unless required by law, disclose any information acquired as a consequence of his or her position.

24.5     The Client, Driving Instructor and/or Accredited Keys2drive Driving Instructor acknowledges that a member or former member of the Committee shall not be liable for any action, or lack of action or in connection with any duties relating to their participation in the Committee and forever holds a member or former member harmless in relation to their participation in the Committee.

24.7     The Chairperson may replace a Committee member with another eligible person in the event that the Chairperson has reasonable grounds to believe that the member has a conflict of interest.

24.8     The appointment of a member to the Committee is not invalidated, and shall not be called into question, by reason of a defect or irregularity in, or in connection with, the appointment of the member.

24.9     The decision of the Committee will be final.

 

25        COVID-19 and Unforeseeable Events

25.1     For the purpose of this clause, an Unforeseeable Event means any event or cause beyond the reasonable control of the Accredited Keys2drive Driving Instructor, the RAA or the AAA and includes:

(a)       strikes and/or lockouts (whether of their own employees or those of others and whether or not the party against whom such action is taken could have avoided the same by acceding to the demands of the employees responsible for such action);

(b)       acts of God, war, fire, flood, embargo or litigation; or

(c)       government directives or restrictions; or

(d)       epidemics, pandemics (including but not limited to COVID-19); or

(e)       acts of government or any agency instrumentality or any political subdivision thereof.

25.2     The Accredited Keys2drive Driving Instructor will not be obligated to deliver the Keys2drive Driving Lesson at the Keys2drive Driving Lesson Location should an Unforeseeable Event take place.

25.3     In the event of an Unforeseeable Event, the Accredited Keys2drive Driving Instructor will:

(a)       immediately contact the Client to nominate an agreed alternative Keys2drive Driving Lesson;

(b)       use its best endeavours to re-book the Keys2drive Driving Lesson with the Client;

(c)       not consider the Keys2drive Driving Lesson a No Show; and

(c)       continue to perform its obligations contained in these Terms and Conditions.

 

26        Resolution of Disputes

26.1     If a Driving Instructor and/or Accredited Keys2drive Driving Instructor believes that there is a dispute, the Driving Instructor and/or Accredited Keys2drive Driving Instructor may notify the Keys2drive Administration Team, in writing, of the nature and substance of the dispute.   

26.2     The Driving Instructor and/or Accredited Keys2drive Driving Instructor and the Keys2drive Administration Team must attempt to resolve any dispute notified under sub-clause 26.1 through good faith negotiations. 

26.3     If any Party believes that the dispute has not been resolved in accordance with sub-clause 26.2 within 20 business days (for the jurisdiction of the state mentioned in clause 19) of notice being given in accordance with sub-clause 26.1, they may give the other Party a written notice requiring that the dispute be referred to the Committee referred to in clause 24.1. 

26.4     If the dispute is referred to the Committee in accordance with sub-clause 26.3, the decision of the Committee will be final, and the Parties must comply with the determination of the Committee.

_______________________________________________________________________

SCHEDULE A: CLIENT COMPLAINT PROCEDURES

Accredited Keys2drive Driving Instructors are required to have a complaints resolution/recording procedure that is consistent with the outline below.

(a)     Accredited Keys2drive Driving Instructors should advise the Keys2drive Learner Driver, before or at the beginning of the first driving lesson, that there is a procedure in place for Keys2drive Learner Drivers to make a complaint about Accredited Keys2drive Driving Instructor. If requested, the complaints procedure should also be made available to the Supervising Driver. 

(b)     Any complaints from the Keys2drive Learner Driver and or Supervising Driver regarding the quality of the training, the Accredited Keys2drive Driving Instructor’s conduct, fees or service contract matters, should be directed to the Accredited Keys2drive Driving Instructor or the Accredited Keys2drive Driving Instructor’s employer in the first instance. If there is no satisfactory resolution of the complaint, the Keys2drive Learner Driver is to be directed to the Keys2drive Administration Team for review and adjudication. 

(c)     At any time a Keys2drive Learner Driver and or Supervising Driver may make a complaint about an Accredited Keys2drive Driving Instructor to the applicable Driver Training professional association and/or the applicable regulatory authority. Such a complaint should be submitted in writing and should include all pertinent details.

(d)     Complaints regarding criminal matters, such as assault, should be reported to local police. The complainant should also inform the Keys2drive Administration Team and the relevant regulatory authority in writing of pertinent details of the complaint.

(e)     For issues regarding discrimination, the Keys2drive Learner Driver may contact the relevant Anti-Discrimination Commissioner (or equivalent) or local police. The complainant should also inform the Keys2drive Administration Team and the relevant regulatory authority in writing of pertinent details of the complaint.

 

 ________________________________________________________________________________________________________________________

SCHEDULE B: KEYS2DRIVE PROGRAM CODE OF CONDUCT

The behaviours described herein form the Keys2drive Program’s Code of Conduct (Code) which is made available to Learner Drivers, Supervising Drivers and other interested parties.  The Code can be found on the website at https://www.keys2drive.com.au/code-conduct. The Code is also available in hardcopy form from the Keys2drive Office.

Behaviours Required

1.         Behave with the utmost integrity. An Accredited Keys2drive Driving Instructor will:

(a)        behave fairly, honestly, courteously, transparently, and not engage in unacceptable behaviour in person and/or online;

(b)        provide only accurate (not false or misleading) information to Keys2drive Learner Drivers, Learner Drivers, prospective Learner Drivers and Supervising Drivers;

(c)         work in harmony with other Accredited Keys2drive Driving Instructors and the RAA;

(d)        be the sole person responsible for facilitating any Keys2drive Driving Lessons booked in their name;

(e)        as soon as reasonably practicable report any impropriety, Bribe, or threat they become aware of to the Keys2drive Administration Team and applicable regulatory authority;

(f)         as soon as reasonably practicable inform a member of the Keys2drive Administration Team if their driver’s licence and/or Driving Instructor Licence has been suspended or cancelled;

(g)        not charge a Keys2drive Learner Driver or Supervising Driver for a Keys2drive Driving Lesson;

(h)        express opinions, make statements, or give evidence only on the basis of appropriate knowledge and experience;

(I)         willingly cooperate with any person appointed by the RAA and/or the AAA to assess compliance with the Code;

(j)         comply with the obligations contained in the Code when engaging in Keys2drive Program-related discussions in person, online, forums or other mediums (including without limitation radio, television, print media, telephone etc).

2          Always exceed the minimum teaching standard expected of a driving instructor with a Certificate IV in driving instruction. An Accredited Keys2drive Driving Instructor will:

(a)       provide a physically and emotionally safe learning environment at all times;

(b)       follow a well-considered teaching process that is clear to the Keys2drive Learner Driver;

(c)       facilitate purposeful and appropriate learning experiences;

(d)       provide clear instructions and directions;

(e)       adapt learning experiences to suit changing situations;

(f)        deliver program-relevant, valid and reliable content;

(g)       teach the Keys2drive Learner Driver correct driving skills;

(h)       help ensure the Keys2drive Learner Driver has the necessary skills to safely and competently drive a motor vehicle unassisted and in compliance with road laws; 

(i)        provide timely, and meaningful feedback;

(j)        provide meaningful practice guidelines at the end of lessons;

(k)       reflect on, and work to improve, their teaching practices during and after lessons;

(l)        keep complete and accurate training and assessment records.

 

3          Comply with child safety standards. An Accredited Keys2drive Driving Instructor will adopt minimum child safety standards to help protect Keys2drive Learner Drivers and Learner Drivers aged under 18 years. In addition to the behavioural standards set out in the Code, Accredited Keys2drive Driving Instructors must:

(a)        hold a valid Working with Children Check;

(b)        encourage Supervising Driver, parental/guardian participation in non-Keys2drive driving lessons;

(c)       avoid unlawful and/or non-consensual relationships (in person or virtual) with Keys2drive Learner Drivers, including through Facebook or other social media platforms. 

4          Provide a suitable safe Compliant Vehicle for Keys2drive Learner Drivers to learn in. An Accredited Keys2drive Driving Instructor must ensure the Compliant Vehicle used for driving instruction is, at all times:

(a)       registered in accordance with applicable state or territory regulations;

(b)       clean and tidy, with no loose objects inside or out;

(c)       maintained to the manufacturer’s recommended service requirements;

(d)       checked daily to ensure at least the following are safe and legal: windscreens and windows, lights, tyres, mirrors, fuel, oil, and reservoirs for coolant, wipers, brakes and steering;

(e)       in excellent body condition (no dents, broken lights, broken mirrors etc.);

(f)        fitted with dual controls;

(g)       smelling only of fresh air (no cigarette smoke or other odours);

(h)       air-conditioned and able to maintain a comfortable interior temperature;

(i)        fitted with an additional interior mirror(s) for the Keys2drive Accredited Driving Instructor’s use;

(j)        compliant with the applicable state or territory regulations for a driver-training vehicle;

(k)       compliant with insurance requirements in accordance with applicable state or territory regulations.

5          Help Learner Drivers become safer solo drivers. An Accredited Keys2drive Driving Instructor will:

(a)       integrate safe solo-driving themes in all Keys2drive Driving Lessons whenever practicable;

(b)       teach only Keys2drive content during the Keys2drive Driving Lessons;

(c)       fully explain how Keys2drive can help the Keys2drive Learner Driver and Supervising Driver to achieve the safer solo driving target;

(d)       adapt the Keys2drive Driving Lesson to suit the context and needs of the Keys2drive Learner Driver and the Supervising Driver;

(e)       provide prompt and accurate feedback to the Keys2drive Learner Driver and the Supervising Driver;

(f)        encourage ongoing participation by Keys2drive Learner Drivers, Learner Drivers and their Supervising Drivers in the Keys2drive Program in the Compliant Vehicle, their car and online;

(g)       mentor Supervising Drivers and encourage them to come back for further help and to watch Keys2drive Driving Lessons as their Keys2drive Learner Driver progresses.

6          Be an ambassador for the Keys2drive Program. An Accredited Keys2drive Driving Instructor will:

(a)       display on the Keys2drive Accreditation Sticker on the premises and/or Compliant Vehicle, which indicates that the Driving Instructor is accredited to participate in the Keys2drive Program;

(b)       actively promote the Keys2drive Program and its purpose to Keys2drive Learner Drivers, Learner Drivers and their Supervising Drivers;

(c)        use Keys2drive resources, training materials, and the Keys2drive Website;

(d)        supply Keys2drive information to Keys2drive Learner Drivers, Learner Drivers and their Supervising Drivers;

(e)        report Keys2drive Program-related problems, incidents, or issues using the correct process and channels;

(f)        any Accredited Keys2drive Driving Instructor who owns or manages a Driving School, or other business conducting Keys2drive Driving Lessons, must ensure that all staff and contractors understand and promote the Keys2drive Program in a positive and professional manner.

7          Model excellent driving behaviour at all times. An Accredited Keys2drive Driving Instructor will:

(a)       have a comprehensive knowledge of the road rules and will obey them at all times;

(b)       model accurate, smooth, systematic and courteous driving behaviour;

(c)       model safe driving behaviour and maintain a speed and position that minimises the chance of a crash;

(d)       have safety as their strongest motivator whenever in the Compliant Vehicle;

(e)       critically review the role they played in any driving near-miss or crash incident, whether or not they are legally in the right;

(f)        reflect on, willingly talk openly about, and fix their own mistakes;

(g)       be medically fit to drive and immediately notify the RAA of any relevant medical condition, licence cancellation or other restriction that may affect their ability to conduct Keys2drive Driving Lessons;

(h)       be ‘fit to drive’ while at work, which means, among other things, not being under the influence of alcohol, drugs, prescription medication or otherwise be impaired, including by fatigue;

(i)        have the competence to use the various training controls and to drive the Compliant Vehicle should it be necessary at any stage during the course of a driving lesson.

8          Lesson termination by Accredited Keys2drive Driving Instructor. An Accredited Keys2drive Driving Instructor has the right to terminate a Keys2drive Driving Lesson under reasonable circumstances, such as if:

(a)       the Keys2drive Learner Driver continues to drive the Compliant Vehicle in a way that is expressly against the instruction given and/or is considered dangerous; or

(b)        there is wilful actual or attempted damage to Compliant Vehicle by the Keys2drive Learner Driver and/or the Supervising Driver; or

(c)        the Keys2drive Learner Driver and/or Supervising Driver smokes during the training session; or

(d)        the Keys2drive Learner Driver and/or Supervising Driver engages in unacceptable conduct.

9          Distraction. An Accredited Keys2drive Driving Instructor must not cause themselves or the Keys2drive Learner Driver to be unreasonably distracted, for example by:

(a)        the use of mobile phones or other electronic equipment;

(b)        reading;

(c)        smoking;

(d)        eating;

(e)        drinking during the course of giving instruction.

10        Keep learning through formal and informal education. An Accredited Keys2drive Driving Instructor will:

(a)        meet the pre-entry requirements for Accreditation;

(b)        satisfactorily complete the Keys2drive Training Course;

(c)        satisfactorily complete Keys2drive Program post-course self-coaching tasks;

(d)        promptly and satisfactorily complete Keys2drive Program professional development activities such as online training.

11        Follow professional business practices. An Accredited Keys2drive Driving Instructor will:

(a)          obey all relevant state and federal legislation and guidelines pertaining to business management; these can include, but are not limited to, privacy, occupational health and safety, and road and child protection legislation;

(b)          keep Client Personal Information private and obey all privacy laws;

(c)          indemnify and keep indemnified the AAA and its officers, employees, contractors and agents from and against all actions, claims, demands, costs and expenses (including the costs of defending or settling any action, claim or demand) which may arise from or as a consequence of any act or omission by the Accredited Keys2drive Driving Instructor;

(d)          keep and maintain accurate business records;

(e)          provide a tax receipt for all monies received for the provision of Services;

(f)          have a policy, written in plain English, in relation to refunds, the collection of advanced payments, and cancellation fees for Services to be rendered;

(g)          be diplomatic and tactful when responding to any complaint;

(h)          use a complaints resolution/recording procedure consistent with the outline in Schedule A;

(i)           willingly participate in an audit by authorised AAA personnel or officers of the applicable regulatory authority.

12        Follow professional industry practices. An Accredited Keys2drive Driving Instructor will:

(a)       display their current Driving Instructor’s Licence and their authority to train for the respective vehicle classes so it can be clearly seen by the Keys2drive Learner Driver and Supervising Driver;

(b)       focus solely on teaching activities during Keys2Drive Driving Lessons and not perform other activities such as, including without limitation, shopping or errands;

(c)       ensure that the only third parties in the car will be the Supervising Driver, or other person involved in the Keys2drive Driving Lesson and only with the permission of the Keys2drive Learner Driver;

(d)       inform the Keys2drive Learner Drivers and/or Supervising Drivers of the presence or use of any in-vehicle recording devices (such as dash cams) in the Compliant Vehicle;

(e)       dress neatly and conservatively and wear safe, practical footwear;

(f)        have good personal hygiene;

(g)       be prompt and punctual for Keys2drive Driving Lessons and, where a delay is unavoidable, attempt to contact the Keys2drive Learner Driver to inform them of the extent of the delay. Where a cancellation is unavoidable, the Accredited Keys2drive Driving Instructor must contact the Keys2drive Learner Driver and attempt to rebook the Keys2drive Driving Lesson;

(h)       identify the general geographical locations (such as streets and suburbs) where the Keys2drive Driving Lesson will occur; if the Keys2drive Learner Driver is under the age of 18, then this information must also be provided to a parent or guardian, if requested;

(i)        only employ or contract a person to give pre-licence Driver Training for a fee or reward when that person is licensed as a Driving Instructor in the applicable state or territory;

(j)        ensure that any social media posts or other communications for marketing purposes comply with privacy and data protection legislation pertaining to digital communication, the laws regarding spam, copyright and other online issues.

13        Use social media responsibly and professionally. Accredited Keys2drive Driving Instructors must use social network sites responsibly and professionally; this includes, but is not limited to:

(a)        ensuring that Clients’ Personal Information is not compromised;

(b)        ensuring the Client’s consent is always obtained in the event of photos or video recordings being taking before, during or after a Keys2drive Driving Lesson;

(c)       treating other social media users, including Clients and colleagues (and their views and opinions) with respect;

(d)       being careful not to damage the reputation of colleagues, the AAA or the Keys2drive Program and Keys2drive Administration Team;

(e)       not distributing, circulating, or publishing footage taken from Keys2drive Driving Lessons from in-car cameras, without written permission from both the Keys2drive Administration Team and the Client;

(f)        removing or editing a post or advertisement as soon as practicable if instructed by the AAA or the Keys2drive Administration Team.

 

Failure to Abide by The Code of Conduct

14        The Code is administered by the Keys2drive Administration Team. Accredited Keys2drive Driving Instructors must comply with the Code at all times.

15        A breach of any Code condition, as detailed in items 1-13 of this of this Code, may result in the Accredited Keys2drive Driving Instructor being cautioned, counselled or having their Accreditation under the Keys2drive Program suspended or withdrawn.

16        The Accredited Keys2drive Driving Instructor shall have a Client complaints procedure as outlined in Schedule A. Upon receipt of a complaint from a Keys2drive Learner Driver, parent/guardian or Supervising Driver which suggests a breach of this Code, a member of the Keys2drive Administration Team will contact the Accredited Keys2drive Driving Instructor and request a formal response. If the complaint is of a serious nature the Accredited Keys2drive Driving Instructor’s accreditation will be suspended, and their details removed from the Keys2drive Website until the complaint is resolved.

17        If the complaint is proven to be unfounded, Keys2drive Accreditation will be reinstated. If the complaint is proven, the Accredited Keys2drive Driving Instructor will have their Accreditation cancelled or suspended, depending on the seriousness of the complaint.

18        All complaints will be handled in strict confidence. Any complaint relating to impropriety, criminal activity and/or sexual misconduct will immediately be referred to the appropriate authorities.

 

Acknowledgement

19        This Code was developed in line with similar documents from a number of Australian driver training professional associations, in particular the Australian Driver Trainers Association Code of Conduct. The Keys2drive Program acknowledges and greatly appreciates the support and assistance of the various driver training professional associations around Australia.

Keys2drive is an Australian Government-funded program providing learner drivers and their parents/supervisors a free driving lesson with a Keys2drive accredited professional driving instructor