Terms of Service

By using this website ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service") with DriveSmart Driver Academy - ABN 60670815764.

Drive Smart Driver Academy PTY LTD
Vehicle Damage Liability Policy

Policy Title: Student Liability for Vehicle Damage
Effective Date: December 2025
Approved By: Management, Drive Smart Driver Academy PTY LTD

1. Purpose

This policy outlines the financial responsibility of clients/students in the event of a collision, accident, or damage caused to a Drive Smart Driver Academy vehicle during a driving lesson or assessment.

2. Scope

This policy applies to all clients/students undertaking driving instruction, assessments, or supervised driving sessions in vehicles owned, leased, or operated by Drive Smart Driver Academy PTY LTD.

3. Policy Statement

Drive Smart Driver Academy PTY LTD maintains comprehensive insurance coverage for all instructional vehicles. However, in the event that a client/student is deemed to have caused or contributed to a collision or damage to the vehicle, the client/student shall be liable to pay an insurance excess fee.

4. Excess Fee

• The standard insurance excess payable by the client/student is $2,000.00 AUD.
• This fee is applicable regardless of fault determination unless otherwise waived by management under exceptional circumstances.
• The excess must be paid within 14 days of notification, unless a formal payment arrangement is approved.

5. Determination of Liability

• Liability will be assessed by Drive Smart Driver Academy PTY LTD in consultation with relevant insurance providers, incident reports, and any available evidence.
• Clients/students will be notified in writing of the outcome and any applicable charges.

6. Acknowledgement and Agreement

• All clients/students must sign a waiver acknowledging this policy prior to commencing any driving instruction.
• By signing, the client/student agrees to the terms outlined and accepts responsibility for the excess fee in the event of a qualifying incident.

7. Dispute Resolution

• Clients/students may submit a written appeal within 7 days of receiving a liability notice.
• Appeals will be reviewed by management, and a final decision will be communicated within 14 days.

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Terms & Conditions of Service

1. Eligibility and Student Conduct

• All individuals enrolling in driving instruction must hold a valid Australian learner permit or driver’s license. Proof of eligibility must be presented prior to the commencement of any lesson.
• Students are required to bring their permit to each session. Failure to do so may result in cancellation of the lesson, and the full session fee may be charged.
• Students must not attend lessons under the influence of alcohol, illicit substances, or prescription medication that may impair cognitive or motor function otherwise lesson will be cancelled at anytime with no refund.
• Professional conduct is expected at all times. This includes respectful communication, appropriate attire, and adherence to safety protocols. The Academy reserves the right to suspend or terminate instruction in cases of misconduct, aggression, or repeated non-compliance.

2. Medical Disclosure and Inclusive Support

• Drive Smart Driver Academy is committed to providing inclusive and accessible instruction for all learners, including those who identify as neurodiverse or have medical conditions that may affect driving performance.
• Students are required to disclose any relevant conditions (e.g. autism, ADHD, epilepsy, diabetes, anxiety disorders) during the intake process or prior to their first lesson.
• Where necessary, a medical clearance may be requested to ensure safe participation.
• Reasonable adjustments will be made to accommodate individual learning needs, including modified instruction techniques, extended lesson durations, or the presence of support persons, where appropriate.

3. Lesson Structure, Attendance, and Punctuality

• Lessons are scheduled in advance and commence promptly at the agreed time.
• Students arriving late will receive a shortened lesson without fee reduction. Repeated lateness may result in review of the student’s eligibility for continued instruction.
• Students are expected to follow all instructor directions and participate actively in the learning process.
• Instructors reserve the right to discontinue a lesson if a student’s behaviour, condition, or attitude compromises safety or learning outcomes.
• No show will result in NO refund. The instructor will be present & wait for 15 minutes if the student has not shown up the instructor is free to leave and the lesson will be charge at full rate.
• Average Lesson length is 90 minutes, NDIS lesson length is 60minutes. Test length allow up 2.5 hours depending on where the test is held allow up to 5 hours if being tested in Dromana.
• Test There is no guarantee that any student will pass a driving test. No refund will be given upon failure.

4. Vehicle Use and Liability

• All instruction is conducted in dual-control vehicles maintained by the Drive Smart Driver Academy and Drive Smart Driver Academy subcontractors, and compliant with Victorian road safety standards.
• Students are expected to operate the vehicle responsibly and in accordance with instructor guidance.
• Drive Smart Driver Academy accepts no liability for traffic infringements, accidents, or damages resulting from negligent or reckless behaviour by the student. All traffic infringements come at the cost of the student & their family. In the case of an accident the student and their family will incur the cost of insurance & excess fees will be paid by the student & their families.
• Instructors may terminate a lesson immediately if a student poses a risk to themselves, the instructor, or the public.

5. Privacy, Confidentiality, and Data Protection

• Drive Smart Driver Academy collects and stores personal information solely for the purpose of lesson scheduling, progress tracking, and licensing support.
• All data is handled in accordance with the Privacy Act 1988 (Cth) and relevant Victorian legislation.
• Information will not be shared with third parties without the student’s written consent, except where required by law or in cases of emergency.
• Students may request access to their records or update their personal information at any time.

 Cancellation & Rescheduling Policy

1. Standard Lessons

• Students must provide a minimum of 24 hours’ notice to cancel or reschedule a standard driving lesson & or test.
• Cancellations made within 24 hours, or failure to attend without notice, will result in the full lesson fee being charged.
• Exceptions may be granted in cases of medical emergency or compassionate grounds, subject to the provision of supporting documentation.

2. Driving Test Bookings and Intensive Instruction Packages

• Cancellations for driving test bookings or intensive lesson packages must be submitted no less than 48 hours prior to the scheduled appointment, excluding weekends and public holidays.
• Late cancellations or non-attendance will result in forfeiture of all booking fees and associated instructional charges.
• Students are responsible for any fees incurred through VicRoads or other licensing authorities.

3. Instructor-Initiated Cancellations

• Lessons may be rescheduled by Drive Smart Driver Academy due to adverse weather conditions, instructor illness, vehicle malfunction, or other unforeseen circumstances.
• In such cases, students will not be charged and will be offered priority rescheduling at the earliest available opportunity.
• Any instructor cancelling a lesson there will be no cost to the student & another lesson will take place.

4. Refunds, Credits, and Package Adjustments

• Refunds for partially completed packages will be considered on a case-by-case basis, particularly in instances involving medical incapacity or relocation.
• Where appropriate, credit notes may be issued in lieu of refunds. These credits will remain valid for a period of 12 months from the date of issue and are non-transferable.
• Refunds will not be granted for lessons forfeited due to non-compliance with Academy policies.

Fees, Payment & Refund Policy

• All fees are disclosed prior to booking and are payable via EFT, card, or approved NDIS arrangements.
• Invoices are issued post-session unless prepayment is required.
• NDIS participants must provide a valid service agreement or booking reference.
• Refunds are available only in cases of administrative error, service cancellation by Drive Smart, or documented compassionate grounds.
• Outstanding payments may result in suspension of future bookings.

Privacy & Confidentiality Policy

Drive Smart Driver Academy complies with the Privacy Act 1988 (Cth) and Health Records Act 2001 (Vic):

• All client data is stored securely and used only for service delivery, reporting, and compliance.
• Information may be shared with referring professionals or licensing authorities with client consent.
• Clients may request access to or correction of their records at any time.
• Data related to average learners is handled with the same level of confidentiality and respect.

5. Inclusivity & Accessibility Policy

We are committed to:

• Providing tailored instruction for neurodiverse and older clients
• Using plain language, visual supports, and flexible teaching methods
• Ensuring physical accessibility at all service locations
• Respecting cultural, linguistic, and individual differences
• Supporting average learners with clear communication, structured lesson plans, and confidence-building strategies

6. Assessment & Reporting Policy

• Driving assessments are conducted by qualified instructors with experience in inclusive education.
• Reports are provided within 14 business days and include recommendations for licensing, further training, or occupational therapy referral.
• Reports are shared only with authorized parties and require client consent.
• Average learners may request progress summaries or instructor feedback upon completion of lesson packages.

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Code of Conduct for Clients & Staff

Purpose

This Code of Conduct outlines the standards of behavior expected from all clients and staff of Drive Smart Driver Academy. It ensures a safe, respectful, and inclusive environment that supports learning, personal growth, and professional integrity.

1. General Principles

All individuals engaging with Drive Smart Driver Academy agree to:

• Uphold the values of respect, safety, transparency, and inclusion
• Foster a learning environment that is free from discrimination, harassment, or intimidation
• Communicate with honesty, empathy, and professionalism
• Act in a manner that reflects the Academy’s commitment to empowering all learners, including neurodiverse and older adults

2. Staff Code of Conduct

2.1 Professional Standards

Staff must:

• Maintain current qualifications, licenses, and certifications relevant to their role
• Deliver services in accordance with best practice, legal obligations, and ethical standards
• Ensure all instruction is client-centered, adapting methods to suit individual needs
• Maintain accurate records of sessions, assessments, and communications

2.2 Inclusivity & Accessibility

Staff are expected to:

• Use plain language, visual supports, and flexible teaching strategies
• Respect neurodiverse traits and age-related challenges with patience and understanding
• Ensure physical and cognitive accessibility in all learning environments

2.3 Confidentiality & Data Protection

Staff must:

• Protect client privacy in accordance with the Privacy Act 1988 (Cth) and Health Records Act 2001 (Vic)
• Only share client information with authorized parties and with informed consent
• Secure all digital and physical records appropriately

2.4 Conduct & Communication

Staff must:

• Communicate clearly, respectfully, and without bias
• Avoid any behavior that could be perceived as coercive, dismissive, or discriminatory
• Refrain from engaging in personal relationships with clients that may compromise professional boundaries

3. Client Code of Conduct

3.1 Respectful Engagement

Clients are expected to:

• Treat instructors, staff, and fellow learners with courtesy and respect
• Arrive on time, prepared, and ready to participate in scheduled sessions
• Communicate openly about goals, concerns, and learning needs

3.2 Safety & Compliance

Clients must:

• Follow all safety instructions and road rules during practical sessions
• Disclose any medical, cognitive, or physical conditions that may affect driving ability
• Refrain from attending sessions under the influence of drugs or alcohol

3.3 Use of Academy Property

Clients must:

• Treat vehicles, equipment, and facilities with care
• Report any damage or safety concerns immediately
• Refrain from unauthorized use of Academy property

3.4 Communication & Feedback

Clients are encouraged to:

• Provide constructive feedback through surveys or direct communication
• Raise concerns or complaints respectfully and through appropriate channels
• Engage in the learning process with openness and a willingness to improve

4. Breach of Conduct

4.1 Investigation & Resolution

• Any breach of this Code will be reviewed by Academy management
• Clients or staff may be asked to provide written statements or attend a meeting
• Outcomes may include warnings, suspension, or termination of services/employment

4.2 Appeals

• Individuals may appeal decisions in writing within 10 business days
• Appeals will be reviewed by a senior member of the Academy not involved in the original decision

5. Continuous Improvement

Drive Smart Driver Academy is committed to:

• Reviewing this Code annually to ensure relevance and effectiveness
• Updating policies in response to client feedback, legal changes, and best practice developments
• Maintaining a culture of learning, accountability, and mutual respect

Client Confidentiality & Student Record Keeping Policy

Purpose

This policy outlines the principles and procedures governing the collection, storage, use, and disclosure of client and student information at Drive Smart Driver Academy. It ensures compliance with relevant legislation and supports the Academy’s commitment to respectful, secure, and inclusive service delivery.

1. Scope

This policy applies to:

• All clients and students engaged in services provided by Drive Smart Driver Academy
• All staff, contractors, and volunteers who access or manage client/student information
• All formats of data, including paper records, digital files, emails, and verbal communications

2. Legislative Framework

Drive Smart Driver Academy complies with:

• Privacy Act 1988 (Cth)
• Health Records Act 2001 (Vic)
• NDIS Practice Standards (where applicable)
• Any other relevant Commonwealth or State legislation governing health, education, and personal data

3. Principles of Confidentiality

Drive Smart Driver Academy upholds the following principles:

• Respect: All client and student information is treated with dignity and discretion.
• Consent: Information is collected, used, and shared only with informed consent, except where legally required.
• Security: Records are stored securely and accessed only by authorized personnel.
• Transparency: Clients are informed of how their data is used and their rights regarding access and correction.

4. Collection of Information

Drive Smart collects personal and sensitive information for the purpose of:

• Delivering driving instruction and assessments
• Supporting neurodiverse, older clients as well as all students with tailored services
• Meeting legal, licensing, and reporting obligations
• Facilitating communication, scheduling, and billing

Information collected may include:

• Full name, date of birth, contact details
• Medical, cognitive, or psychological information relevant to driving ability
• Assessment outcomes, progress notes, and instructor observations
• Payment details and service agreements (e.g. NDIS)

5. Storage & Security of Records

All records are stored in accordance with best practice standards:

• Digital records are stored in secure, encrypted systems with role-based access controls
• Paper records are kept in locked filing cabinets within restricted-access areas
• Backups are performed regularly and stored securely offsite or in cloud-based systems
• Staff are trained in data protection and confidentiality protocols

6. Access to Records

Clients and students have the right to:

• Request access to their personal records
• Request correction of inaccurate or outdated information
• Receive a copy of assessment reports or progress summaries

Requests must be submitted in writing and will be responded to within 10 business days. Identification may be required to verify the request.

7. Disclosure of Information

Information may be disclosed only:

• With the client’s written consent
• To referring professionals (e.g. occupational therapists, support coordinators) with consent
• To licensing authorities or legal entities when required by law
• In cases of serious risk to the client or others, in accordance with mandatory reporting obligations

All disclosures are documented and reviewed by management.

8. Retention & Disposal of Records

• Records are retained for a minimum of 7 years from the date of last service, or longer if required by law
• Records relating to minors are retained until the client turns 25 years old
• Secure disposal methods include shredding of paper files and permanent deletion of digital records

9. Staff Responsibilities

All staff must:

• Sign a confidentiality agreement upon commencement of employment
• Access client/student records only as required for their role
• Report any breaches or concerns regarding data security to management immediately
• Participate in regular training on privacy, confidentiality, and ethical conduct

10. Breach of Confidentiality

Any breach of this policy will be treated seriously and may result in:

• Disciplinary action, including termination of employment or contract
• Notification to relevant authorities
• Review and revision of internal procedures

Clients affected by a breach will be notified promptly and offered support.

11. Policy Review

This policy is reviewed annually or in response to:

• Legislative changes
• Feedback from clients or staff
• Identified risks or incidents

Updates are communicated to all stakeholders and incorporated into training materials.

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Modifications to Services and Prices

• DriveSmart Driver Academy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services are subject to change with or without notice.
• DriveSmart Driver Academy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.