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In Australia, to progress from a Learner's license to a provisional driving license, you need to drive for 120 hours supervised by a person who has a full license. However, I know that it is illegal in Queensland to pay someone who isn't an instructor for those hours. Is this the same in New South Wales?

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  • There may be a issue about uncredited driving teachers on public roads but I cannot see how paying some poorly trained teacher on a dirt road could be illegal
    – Neil Meyer
    Nov 13, 2021 at 18:21
  • The road construction material and the ownership and access rights of the road are two entirely different things. You may also be surprised to find it's illegal to do some things regardless of how private they are.
    – user4657
    Nov 14, 2021 at 4:53

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Yes, it’s illegal

The relevant law is the Driving Instructors Act 1992:

6   Unlicensed driving instruction

A person must not act as a driving instructor unless the person is the holder of a licence.

Maximum penalty—50 penalty units.

s7 makes it illegal for the person engaging the unlicensed instructor - with the same fine.

A person who is not paid or otherwise rewarded for the instruction is, by definition, not a driving instructor.

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  • It would seem that if the supervisor doesn't put up a pretence of giving instruction, but only supervises, that that would exclude them from having acted as a driving instructor even when they are paid, right? I mean, if they don't either assess the driver, nor instruct them, but only supervise their driving, there shouldn't be a reason that's illegal, no? See here Nov 14, 2021 at 3:42
  • I edited the title to better reflect that. Well I mean to ask about the legality of paying for supervision, and not of the legality of paying an unaccredited driving instructor. It seems to me that the 'Driving Instructors Act 1992' prohibits acting as a driving instructor without holding a licence, rather than acting as a supervisor. Nov 14, 2021 at 3:59
  • "Supervision by a person who has a full license" doesn't mean "driving instructor".
    – gnasher729
    Nov 15, 2021 at 11:33

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