#queensland

[crumb]

Lambs & baby possum, Queensland, Australia (1912)

[leveragehunters]

I'm putting my response to this in it's own post. Nothing but respect for the rightful criticisms of the situation described in those articles. The problem is that the articles by Danielle Cahill are grossly, almost negligently, misleading.

I'm not your lawyer and this is not legal advice, but I am an autistic Queensland lawyer who's pretty ticked off at Cahill.

Cahill's articles:

Autistic drivers could find their licences in legal limbo depending on where they live after new standards introduced

New national Fitness to Drive standards are 'discriminatory' and 'humiliating' for autistic drivers, psychologists say

Short version:

If you're autistic you do not automatically have to obtain a medical clearance to hold a Queensland Drivers Licence and there is no 'list of reportable conditions', much less one that includes autism.

Long version with receipts:

The first article purportedly cites a Department of Transport and Main Roads (Transport) spokesperson who they claim said: "…all autistic drivers in Queensland have since 2012 been required to obtain a medical clearance from a doctor to show they are fit to drive." It also says: "In Queensland, the Department of Transport and Main Roads (TMR) requires drivers to obtain a medical clearance form from a doctor confirming they are fit to drive despite being autistic."

The second article says: "According to the state's Department of Transport and Main Roads (TMR), autism was added to the list of reportable health conditions in 2012."  Oh, but wait, what's this from just a little further up in the same article? "A TMR spokesperson told ABC News that "there is no specific legislation that states that people with autism cannot drive".

Let's talk about that specific legislation

Despite what the spokesperson said, there was no change to the law in 2012. A new Transport Regulation, which contains the law about medical clearances for Queensland drivers licences, was, however, passed in 2021. (link to the Regulation)

Typo or ignorance? Why not both.

The 2021 Regulation did not substantively change the law. The new Regulation was a consolidation, modernisation, and streamline of multiple pieces of overlapping legislation. (Explanatory notes)

'Jet's Law', which sets the rules for driver medical clearances, was first introduced in 2008. (Ministerial Statement). It was moved from the old Regulation to the new 2021 one essentially unchanged.

Jet's Law in chapter 3, part 6, division 1 of the 2021 Regulation

Jet's Law as passed in the previous Regulation (scroll down to page 64)

The law in Queensland re: medical clearances is the same as it was in 2008. The only changes were to language, consistent with modern drafting standards, and the addition of a requirement to not drive until you've given notice if a condition develops or worsens.  

What does Jet's Law say?

Section 177 of the 2021 Regulation states:

A person who applies for the grant or renewal of a Queensland driver licence must, when making the application, give a notice to the chief executive about any mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely.

Key words: any mental or physical incapacity that is likely to affect the person's ability to drive.

If you're autistic and your autism isn't likely to affect your ability to drive safely, Jet's Law doesn't require you to give notice to Transport.

But what about that list of reportable conditions the article claims exists?

It doesn't exist. There is no list of reportable conditions.

Transport DOES provide some examples of medical conditions that are likely to affect your ability to drive. You can see them here:

https://www.support.transport.qld.gov.au/qt/formsdat.nsf/forms/S5040/$file/S5040.pdf

https://www.qld.gov.au/transport/licensing/update/medical/fitness#medcond

Here's the licence application form: https://www.support.transport.qld.gov.au/qt/formsdat.nsf/forms/qf3000/$file/f3000_es.pdf. Question 7 states that you must report any medical conditions that may adversely affect your ability to drive and asks if you have any of the following conditions:

Vision or eye disorder (other than wearing glasses or contact lenses) that may adversely affect your driving

Diabetes that requires treatment by tablet, insulin or other medication

Been diagnosed with epilepsy, experienced a seizure; or been required to take anti-epileptic medication after the age of 11

Any other medical condition/s that is likely to adversely affect your ability to drive safely

You know what I don't see anywhere? Autism.

But what about the National Standards?

Cahill managed to get that part of the articles almost right.

All Queensland drivers, regardless of age, must meet the national standards to ensure their health or any physical disability does not increase the risk of a crash. (confirmed by Transport) And before you ask, the national standard is not a list of 'reportable conditions'. (Even if it was, the autism update happened in 2022, not 2012). But what is the national standard if it's not a list of reportable conditions?

The national driver medical standards Assessing Fitness to Drive set out the considerations and medical criteria for safe driving. They also guide the management of drivers with health conditions so that they may continue to drive for as long as it is safe to do so. The standards are used by health professionals to assess and manage patients with health conditions that may affect their ability to drive safely. These assessments and the standards themselves inform Driver Licensing Authority decisions about driver licensing.

The national standard does refer to "Other neurological conditions including autism spectrum disorder and other developmental and intellectual disabilities". Yes, it was updated in 2022, as indicated by a big red banner across the top of the page. The update notes state:

The review identified that information and guidance was required to enable assessment of persons with ASD. Specialist advice noted that the variability of ASD characteristics and the degree of severity were too diverse for a specific standard. General guidance is however provided in the text of the chapter.

Wait, the review? The changes were made because of a review? They weren't a secret sneaky change as Cahill alleged? There was a public review that called for submissions from stakeholders?  Yes there was.

The review concluded there was not enough evidence to determine the MVC (motor vehicle crash) risk associated with ASD, and "Specialist advice noted that the variability of ASD characteristics and the degree of severity were too diverse for a specific standard."

So what does the standard actually say about autism?

The impact of other neurological conditions including autism spectrum disorder (ASD) and developmental and intellectual disability should be assessed individually. A practical driver assessment may be required. If the degree of impairment is static, periodic review is not usually required. People with ASD can have differences in social communication and interaction, with restricted and repetitive patterns of behaviour, interest and activities. Although evidence from driving studies are limited, drivers with ASD may drive differently from people without ASD. Shortcomings in tactical driving skills have been observed, while rule-following aspects of driving are improved. There is considerable difference in the range and severity of ASD symptoms, so assessment should focus on these and the significance of likely functional effects, rather than an ASD diagnosis.

So what does that mean?

It means we're right back at Jet's Law, in section 177 of the 2021 Regulation.

If you have a mental or physical incapacity that is likely to affect your ability to drive you need to declare it.

Could this include autism? Yes.

Does it automatically include autism? Not according to any law or standard currently in force in Queensland.

If you're an autistic Queenslander, your obligations under Jet's Law and the update to the national standard mean it's important that you consider whether your autism is likely to affect your driving ability and, if so, declare it. If it's not, then don't.

[Reminder: I am not your lawyer and this is not legal advice]

[sitting-on-me-bum]

Australian lace-lid. Location: Mossman, Queensland.

Photograph: Adam Brice

[yuckysid]

[without-ado]

A fireball lights up the night sky near Cairns Airport in Queensland, Australia (May 20, 2023)

[malaayna]

incredible news to wake up to 🥰🥰

[elixir]

Brisbane’s most beautiful beton brut stairs at the University of QLD.

[life-on-our-planet]

It’s estimated that over 100 plant species here depend almost entirely on the cassowary as their method of seed dispersal. BBC Earth | Seven Worlds, One Planet

[talos-stims]

sunshine coast, queensland, australia | source

[pangeen]

“ Rain drops on wood “ // Ben Mulder

[backinblondexo]

The beach and the puppies is always the answer 🥰🐶👙☀️

[hauntedbystorytelling]

Charmian Bernays in a rabbit costume in front of her family home in Toowoomba, 1922 (age 8) | src State Library of Queensland view more on wordPress

[sitting-on-me-bum]

Hop to it

‘In November 2022, I went to Australia to conduct my PhD field research. One night, I took a walk outside my accommodation near the Daintree rainforest in rural Queensland. I found the outer wall of the house completely covered in green tree frogs. Their colour was so vibrant it appeared as if they were glowing in the dark. When I look at the photo now, it reminds me of the remarkable biodiversity I encountered across Australia and the urgent need to protect it.’

Photograph: Josh Ettinger

[sottiali]

Alice in Queensland

[ancientsstudies]

Daintree Rainforest by lexieonearth.

[oceaniatropics]

Olive-backed Sunbird, Queensland, Australia