Disqualification removal
If you have been disqualified from driving for more than 3 years, you can apply to the Court to have your disqualification removed after the relevant waiting period has elapsed:
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Disqualification period
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Waiting period
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3-6 years
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3 years
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6-20 years
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Half the disqualification period
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20+ years or life
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10 years
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In determining whether to remove your disqualification the Court will consider:
- the circumstances that led to your disqualification;
- any risk posed to public safety;
- the reasons for removing your disqualification; and
- your character and conduct at the time of the disqualification and today.
You must inform the Department of Transport about your application. The Department of Transport will usually only oppose applications in exceptional circumstances. You will have the opportunity to address the Court about any matter the Department of Transport raises in opposition to your application.
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Whether your application is successful will depend on your particular circumstances. For a fixed price, we will meet with you at our office to assess the merits of your application and thereafter provide you with a letter of advice on the likelihood that your application will be successful.
The assessment costs $550 inclusive of GST, payable when we meet with you.
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What we'll need from you
At your assessment you will need to give to us:
- your State Traffic Certificate;
- a description of the circumstances of your traffic convictions;
- reasons you want the disqualification removed, eg. employment opportunities, medical conditions;
- a description of your alcohol consumption at the time of your offences and today;
- photographic ID (e.g. passport or proof of age card); and
- details of yours and your partner’s income.
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Going to Court
If you apply to the Court to remove your disqualification after your assessment, we will:
- meet with you to take a proof of evidence - a document containing the facts we’ll need to prepare your application;
- prepare your application, including any supporting affidavits;
- lodge your application at the Court and provide a copy of it to the Department of Transport; and
- prepare for and attend Court on your behalf at a hearing to determine your application.
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| Our fees |
$3,300 |
| Court filing fee |
$5231 |
| Department of Transport costs |
$1502 |
| Total |
$3,973 |
1 If the Supreme Court imposed your disqualification you must apply to the Supreme Court for its removal. In this case the filing fee will be $784.
2 In most cases the Court will order you to pay the Department of Transport’s costs of reviewing your application. These costs are usually fixed at under $200, but may be substantially higher if the Department opposes your application.
Our fixed price does not include other expenses that you may incur, including obtaining a national police certificate, state traffic certificate or medical report, which you will need to proceed with your application.
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What we'll need from you
You must convince the Court that it should remove your disqualification – even if the Department of Transport does not oppose your application. If you proceed with your application after your assessment you will need to give to us and the Court:
- A copy of your National Police Certificate;
- written character references from friends and relatives addressing:
- how the referee knows you;
- general observations as to your character, both at the time of your offences and today; and
- if your disqualification was for drug or alcohol related offences, observations as to your drug or alcohol use at the time of the offences and today;
- a written reference from your employer addressing:
- the nature and length of your employment;
- any effect the acceptance or refusal of your application might have on your ability to work; and
- any character observations (as provided by your other character witnesses);
- a medical report addressing:
- how long the doctor has known you as a patient;
- your health generally;
- your alcohol consumption over time, particularly at the time of the offences and today; and
- if your disqualification was for alcohol related offences, the results of a liver function test and your doctor’s interpretation of those results in plain English.
We will discuss these references with you in more detail should you proceed. These references will be attached to affidavits that we will prepare on your behalf and file at the Court. Because an affidavit is sworn evidence, you and anybody who writes a reference for you may be called as a witness in Court. This will usually only occur if the Department of Transport opposes your application, but you should inform your referees about this before they sign their affidavit.
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Things you should know
When considering your application the Court may:
- remove your disqualification from the date of hearing;
- remove your disqualification, to take effect at a nominated date in the past or the future; and
- refuse your application.
Even if your application is successful, you are not permitted to drive immediately. You must apply for a new driver’s licence in the usual way.
If you have any other licence suspensions, these will remain in effect and start when your disqualification is removed. For example, if you have received a life disqualification and a subsequent 12 month suspension (i.e. for driving without a licence), you cannot apply for a driver’s licence for 12 months from the date your life disqualification is removed.