Human rights complaint lodged over 'ableist' driving standards

Autistic Queensland man lodges human rights complaint over 'ableist' driving standards In short: A human rights complaint has been lodged over autism being included in the national medical standards to determine if a person can drive safely. The guidelines are used across Australia, but the final licensing decisions are state or territory-based. What's next: Casey Archbald is waiting to hear the outcome of his complaint. A Queensland man has lodged a human rights complaint over the latest national fitness-to-drive standards, calling the guidelines "demonstrably ableist". Casey Archbald, who is autistic, has held his licence for about 30 years without any issues. He only became aware that he may have to notify the state transport department about his autism after reading a 2023 ABC News story. Medical conditions, which are likely to impact a person's ability to drive, must be reported to the state or territory authority with a medical certificate. Doctors determine a person's eligibility to drive based on the medical standards and guidelines provided in the Assessing Fitness to Drive (AFTD). The guidelines cover a range of conditions such as diabetes, epilepsy, vision and eye disorders. It is nationally agreed on, but the final licensing decisions are state or territory based. "Autism spectrum disorder was included for the first time in the 2022 edition," Mr Archbald said. He felt it was "barely a flip of a coin" that the autistic community were included in the latest standards. Mr Archbald lodged a complaint with the Queensland Human Rights Commission against the Queensland Transport Department over it earlier this year. "It's wrong, irrational and possibly illegal and this is what I want to test with the complaint," he said. The ABC has reviewed the 2012 and 2016 editions and found that neither document contained the phrases "autistic", "autism", or "autism spectrum disorder" (ASD). The previous editions have mentioned neurological conditions such as dementia, epilepsy, cerebral palsy, Parkinson's disease and multiple sclerosis. In the 2022 edition, autism was included under that category. The 2020-21 review, in the lead-up to the latest guidelines, concluded that it was "unclear" to what extent autism affected someone's safety or the safety of other road users. It said there was not enough evidence to determine motor vehicle crash risk associated with the disability. "Specialist advice noted that the variability of ASD characteristics and the degree of severity were too diverse for a specific standard," the review said. "The current developmental disorder medical standards are suitable to assess these individuals." 'True in the typical population as well' University of Wollongong's Associate Professor Amanda Webster said there was nothing in the "identified symptomatology or characteristics" that are common to autism that would be associated with impaired driving. "I'm sure that there are some individuals out there that might not be the best drivers, but that's true in the typical population as well," she said. Dr Webster's research focuses on inclusive learning to support the achievement of people on the autism spectrum. She was not aware of any studies about the actual risk of people on the spectrum driving, but she said there was research on how to teach people with ASD how to drive. "But that's more around making sure they have the instruction presented in a way that really is supportive and doesn't cause anxiety," she said. Dr Webster did not understand why autism was included in the driving standards but suspected it could have been added by someone at the policy level who did not understand autism. She said autism was not a "medical condition" that a "medical doctor" would be able to assess to determine if someone with it was fit to drive. "It is a neurodevelopmental condition, which means it's part of who they are." Next edition underway A National Transportation Commission (NTC) spokesperson said "neurodevelopmental conditions" have been included in the standards for more than 14 years. "Following concerns raised publicly in 2023, NTC and Austroads further clarified that an autism diagnosis alone does not determine whether a person can drive safely," the spokesperson said in a statement. They said since then the commission has undertaken further engagement, including working with autism and health representatives to develop clearer public information and engaging with licensing authorities about the language used in their communications. "In addition, it was clarified that an adult licence holder, learner or novice driver diagnosed with autism is not required to report the diagnosis to the licensing authority unless their symptoms are likely to affect their capacity to drive safely," the spokesperson said. The driving standards are reviewed every four to five years. Stakeholder submissions for the next edition closed in July, with all stages to be completed by March 2028. The spokesperson said NTC has invited organisations representing autistic people and organisations with relevant autism expertise to contribute to this Specialist Working Group for the next edition. "This is intended to help ensure the experiences and perspectives of autistic people are appropriately considered during the review," they said. A Queensland Transport and Main Roads spokesperson said a person must notify the department if they have a long-term or permanent medical condition that is likely to adversely affect their ability to drive safely. "In Queensland, it is a legal requirement that all drivers be medically fit to drive," the spokesperson said in a statement. They said relevant medical conditions that may affect a person's ability to drive safely are listed in AFTD. 'We are known for following the rules' Mr Archbald is still waiting to hear the outcome of his complaint that he lodged in May. He said he had received confirmation that they had received his submission, and that it was set to be addressed within 10 months. Since finding out about the 2022 edition, he has gone to his general practitioner for a medical certificate to provide to the transport department, where his doctor determined he was "capable of driving". "But I nevertheless incurred a loss gap fee of $65.10," Mr Archbald said. His GP considers his action in getting the assessment "admirable". "I said 'We are known for following the rules'," Mr Archbald said. "And I follow the rules even though they are demonstrably ableist propaganda." Mr Archbald wants autism removed from the guidelines "in accordance with the scientific evidence". "I don't want to be subject to this discriminatory document," he said. "And I want my $65.10 back." A Queensland Human Rights Commission spokesperson said that, consistent with its obligations under the Anti-Discrimination Act, it cannot comment on the circumstances or status of individual complaints. "We work through complaints received as quickly as possible, noting we have received record numbers of complaints in the 2025-26 financial year," the spokesperson said. "We carefully consider whether complaints should be prioritised to ensure the most urgent complaints receive a timely response." [Image text:] Sse drive AUTISTIC