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Will my mental illness diagnosis affect my driver's license?

I have been diagnosed with acute schizophrenia and I do go through periods where I am very unstable. Other times I'm fine. I've had to be admitted a couple of times for compulsory treatment but I always leave feeling better again. Last time I had an episode of illness I crashed my car into my neighbour’s house and it caused a lot of damage. I've been told that I may not be allowed to drive any more. But when I'm feeling well I need my car to get to work. What can I do? I am in Victoria.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 30-10-2015
1 Lawyer Answered
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  1. Mental Health
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle staff, Northcote 3070 VIC

  • The law in Victoria states that people must inform Vic Roads if they have a long term illness that can impair their ability to drive a car safely. A medical practitioner may also notify Vic Roads if they believe you are unable to drive safely. You cannot take action against a person for notifying Vic Roads.
  • Once Vic Roads is notified about your schizophrenia they will ask your doctor to complete a medical report. This report is then evaluated by a medical advisory panel. They make a decision about whether you are fit to drive depending on the impact of your illness such as whether you may have impaired judgment, lack of concentration or other difficulties.
  • You can provide the medical panel with any other information that you deem relevant. You may want to get a second opinion if you disagree with your doctor's evaluation of your driving capabilities. If having your license is a requirement of your job you can get a supporting letter from them to display to the tribunal.
  • Even if Vic Roads decides that your illness does affect your ability to drive it is unlikely that it would be cancelled. You may be issued with a conditional license or it might be suspended for a period of time until you are better.
  • If you are unhappy with Vic Road's decision you can ask them to review the decision. You must do this within 28 days of receiving the decision letter. You should contact Vic Roads immediately if you intend to do this. 

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