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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION 2021 - REG 329
Meaning of severe hardship—Act, s 91H
(1) This section prescribes the meaning of severe hardship for section 91H (1)
(b) of the Act .
(2)
"Severe hardship" means severe hardship suffered by the applicant either—
(a) directly; or
(b) because of severe hardship suffered by a family member
of the applicant.
(3) The applicant not being able to do any of the following
things, because the applicant is required to complete a repeat offender
education program, does not, of itself, cause severe hardship to the
applicant— (a) provide care for a child or other family member of the
applicant;
(b) carry out the applicant’s employment;
(c) attend an
educational institution or another place the applicant ordinarily attends;
(d) drive a family member to or from the family member’s place of
employment, an educational institution or another place the family member
ordinarily attends.
(4) Also, the existence of any of the following matters
does not, of itself, mean the applicant would suffer severe hardship if the
applicant were required to complete a repeat offender education program— (a)
transport is not available to the applicant at times that would allow the
applicant to complete a repeat offender education program at any place at
which a repeat offender education program is provided;
(b) the applicant can
not afford the cost of— (i) completing a repeat offender education program
online; or
(ii) attending a repeat offender education program at any place at
which a program is provided. Example of a cost of attending a repeat offender
education program— the cost of transport for travel to or from the place at
which the repeat offender education program is provided
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