Special Hardship Orders

If you have breached a one year good driving behaviour period, or are convicted of a high-speed offence (i.e 40 + km/ph over the speed limit) you may be eligible to apply for a Special Hardship Order.

Among other things, to apply for a Special Hardship Order, you must not have any driver licence disqualifications or suspensions in the previous five years.

The application for a Special Hardship Order must be made to a Magistrate in the Magistrates Court.  The Court will only grant you a work licence if, among other things:

  • You need your licence in the course of your employment, including driving to and from work or for another “hardship” reason such as performing carer’s duties;
  • You are a “fit and proper” person to hold a work licence having regard to your traffic history and the safety of the community; and
  • The Court is satisfied that failure to grant the licence would cause you “severe financial hardship” by depriving you of the means of earning a living.  This is generally interpreted to mean that you will lose your job if you are not able to continue driving for work purposes.

Very strict time limits apply in relation to Special Hardship Orders.  You should seek legal advice as soon as possible to ensure that your rights are protected.