Inquest into the death of Sohaila Mohammadi [2026] SACC 32 (Link to Courts SA).
This inquest focused on a serious vision condition of a driver and the responses of ophthalmologists and a general practitioner. When considering recommendations, the coroner was satisfied that there is likely a widespread approach to the exercise of the duty in South Australia under s 148 of the Motor Vehicles Act 1959 that is flawed.
The coroner’s recommendations at [111] included a recommendation to the Royal Australian and New Zealand College of Ophthalmologists, the Royal Australian College of General Practitioners, the Australian College of Rural and Remote Medicine, and the Minister for Health and Wellbeing:
1 That a communique be issued to member practitioners and SA Health medical staff, notifying them of these Findings and alerting them that:
a. the duty under s 148 of the Motor Vehicles Act 1959 requires an objective assessment of whether the patient would be likely to endanger the public if driving;
b. diagnosis of a specific medical condition is not required;
c. there is an exclusion from liability for the consequences of exercising the duty; and
d. the duty is a mandatory obligation which must be exercised personally regardless of any assumption that another practitioner will or might notify the Registrar of Motor Vehicles in relation to the same illness, disability or deficiency.
2 That future training of medical practitioners specifically addresses the matters referred to in Recommendation 1.
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