Removal Of Licence Disqualification - Legal Aid WA

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Removal of licencedisqualificationPart 1 – Information kit32 St Georges TerracePERTH WA 6000Infoline: 1300 650 579www.legalaid.wa.gov.au

Disclaimer and CopyrightCopyright Legal Aid Western Australia 2020. Any part of this publication may be copied,reproduced or adapted to meet local needs by community based organisations without permissionfrom Legal Aid Western Australia provided the copies are distributed free or at cost (not for profit)and the source is fully acknowledged. For any reproduction with commercial ends or by governmentagencies, permission must first be obtained from Legal Aid Western Australia.This Kit provides information about the law only and does not constitute legal advice. You shouldseek legal advice if you have a specific legal problem.Every effort is made to ensure that the information contained in this Kit is correct as at the date ofpublication. However, please note that the law may change at any time and may impact on theaccuracy of this information. Legal Aid WA accepts no responsibility for any inaccuracies, errors oromissions in this information or incorporated into it by reference.This information was last reviewed on 3 June 2020.

Removal of licence disqualificationPart 1 – Information kitTable of ContentsIntroduction . 1How to find legislation. 1Definitions and terms . 1What is an application to remove licence disqualification? . 1Who can apply? . 2What waiting period applies? . 2Multiple disqualifications. 2Subsequent (later) disqualifications. 3Factors for a successful application . 3Before you apply . 3Some things to consider . 3Step 1: Obtain a copy of your Criminal History and Record of Traffic Infringement Notices. 4Applying for a copy of your Criminal History (History for Court) . 4Applying for a Record of Traffic Infringement Notices . 4Criminal History, traffic record and traffic infringements in another State or Territory . 5Step 2: Obtain letters, references or reports in support of your application . 5Liver function test and reports from your doctor . 6Letters from other witnesses . 6References from your employer. 6Which court to apply to . 7Regional applications. 7How to apply . 7Where can I find the form and affidavits? . 7How to complete the Form 104: Application for removal of disqualification. 8How to complete your affidavit . 8Front page . 9Page 2 . 9Each page . 9Last page . 10Annexures (attachments) . 10Who can witness your affidavit? (s 9(6) Oaths, Affidavits and Statutory Declarations Act2005 (WA)) . 10Signing and witnessing an affidavit . 10Filing your Form 104 and affidavit with the court . 11Filing fee . 11Last reviewed: 16/05/2016Page i

Removal of licence disqualificationPart 1 – Information kitServing the Form 104 and affidavit. 12Affidavit of service. 12Tell your witnesses the date of the court hearing . 13Checklist for preparation and filing of court documents . 13Before the hearing . 14At the hearing . 14Solicitor may represent the CEO of Transport . 14Court etiquette . 14After the hearing . 15What to do if the application is dismissed (refused) . 15What to do if the application is granted . 15Reminder – when you can drive again . 15Further information. 15Contacts . 16District Courts . 16Supreme Court . 16Chief Executive Officer (CEO), Department of Transport . 16Legal Aid WA . 17Last reviewed: 03/06/2020Page ii

Removal of licence disqualificationPart 1 – Information kitIntroductionThis kit will assist you if you want to know how to apply for the removal of your driver’s licencedisqualification.Please note, there are two parts to this kit. This is Part 1 which is the Information kit. It includes allthe information about when and how you may apply and how to complete, file and serve the relevantforms and affidavits. Part 2 includes the Forms and affidavits themselves, in Word format.It is important that you use both parts of the kit together.You can request a hard copy of this kit by contacting the Legal Aid WA Infoline on 1300 650 579or any Legal Aid WA office. You can access an electronic copy of this kit online on the Legal AidWA website: www.legalaid.wa.gov.au under Resources Self-help kits and guides Removing oldconvictions or disqualifications Applying to remove driver’s licence disqualifications.How to find legislationThere are some references to legislation in this kit. You do not need to look up the legislation in orderto use this kit, however, if you would like to access it, there is information here to help you.You may access WA Acts or Subsidiary legislation from this website: www.legislation.wa.gov.au.If you are looking for an Act, click on the In force link under the heading Acts. Then select the alphaletter of the name of the Act, for example R for Road Traffic (Authorisation to Drive) Act 2008 (WA)and scroll to find this Act. You can choose to open the Act in different formats, but PDF format isrecommended. If you are looking for a piece of subsidiary legislation, for example the Rules of theSupreme Court 1971 (WA) you click on the In force link under the heading Subsidiary legislation,and then follow the same process as you do for accessing an Act.Definitions and termsTermDefinitionAffidavitAn affidavit is sworn or affirmed evidence in written form.Criminal historyAlso known as a History for Court, this is a certified document listingall of your WA criminal and traffic convictions, including non-disclosableoutcomes such as spent convictions and convictions recorded whenyou were a young offender.Record of Traffic A Record of Traffic Infringement Notices is a five-year history of yourInfringementWA traffic infringements that you may have incurred from red lightNoticescameras, fixed and mobile speed cameras and hand written notices.Waiting periodThe length of time you must wait before you can make an application toget your licence back.What is an application to remove licence disqualification?If you have been disqualified from holding or obtaining a driver’s licence for more than three yearsyou can apply to a court to get your licence back. This is called making an application to removethe disqualification.You cannot apply to have a disqualification removed if it is for three years or less.The procedure to make an application to remove your licence disqualification can be found in section24 of the Road Traffic (Authorisation to Drive) Act 2008 (WA) and Order 81C of the Rules of theLast reviewed: 03/06/2020Page 1

Removal of licence disqualificationPart 1 – Information kitSupreme Court 1971 (WA). Please see How to find legislation above if you wish to access thesepieces of legislation but note that the law contained in this legislation has been summarised for youin this kit and it is not necessary to look up the legislation unless you wish to.The parties to the application are yourself and the Chief Executive Officer (CEO), Department ofTransport (CEO of Transport).To make the application you are required to prepare various documents for the court and the CEOof Transport and appear in court to make your application.Who can apply?You can apply to have your driver’s licence disqualification removed if: you have been disqualified from holding or obtaining your driver’s licence by a court for morethan three years, or you have been permanently disqualified (disqualified for life) from holding or obtaining yourdriver’s licence,and the relevant waiting period has passed.What waiting period applies?When you have been disqualified from holding or obtaining a driver’s licence, you must wait a certainperiod of time before you can apply to get your driver’s licence back. This is called a waiting period.The time you are required to wait depends on the length of your disqualification.DisqualificationWaiting periodMore than 3 years and up to and equal to 3 years6 yearsMore than 6 years and up to and equal to Half the disqualification20 yearsperiodMore than 20 years, or permanently10 yearsThe waiting period runs from the date on which the disqualification took effect. This means it startson the date when the disqualification starts to run, not the date when the disqualification was imposedby the court.Multiple disqualificationsIf you have more than one licence disqualification and each of them is longer than three years, andthe disqualifications are cumulative on one another, you must apply to have each individualdisqualification removed. You must serve a new waiting period between each application.There is an exception to this if you have more than one permanent disqualification. Whether ornot they are concurrent or cumulative on each other, you can ask to have all your permanentdisqualifications lifted at the same time and in the same application form. You do not have to servea new waiting period for each permanent disqualification.If you have more than one licence disqualification and each of them is longer than three years, andthe disqualifications are concurrent with each other you can ask to have all of them lifted at thesame time and in the same application form. You do not have to serve a new application period foreach disqualification.Last reviewed: 03/06/2020Page 2

Removal of licence disqualificationPart 1 – Information kitIf you have more than one disqualification that are each less than three years, even if together theyadd up to longer than three years, you cannot apply to have them removed. Only individualdisqualifications of longer than three years can be removed.Subsequent (later) disqualificationsEven if you are successful in having a disqualification removed, this does not necessarily mean youcan drive. If you have any other cumulative disqualifications on your record that were imposed afterthe disqualification that has now been removed, these subsequent (later) disqualifications will startto run from the date the court makes the order for removal.Similarly, where multiple permanent disqualifications are removed with one application, anycumulative disqualifications imposed after any of the permanent disqualifications will still need to runfrom the date the court makes the order for removal.If you are still subject to any other disqualification following a successful application for removal ofcertain disqualifications, you may wish to consider applying for an extraordinary driver’s licence.Please see Further information at the end of this kit to find out where you can obtain informationabout extraordinary driver’s licences.Even if you are not subject to further disqualifications, you must still follow certain steps before youcan get your licence back and be allowed to drive. These steps are explained towards the end ofthis kit under the heading: What to do if the application is granted.Factors for a successful applicationYour application is more likely to succeed if you can satisfy the judge that: the public will not be endangered by you driving a vehicle you are of good character your case is one where you should be given your licence back the offences for which you were disqualified can be explained you have taken steps to rehabilitate yourself since you were disqualified you have done nothing wrong since then, and you have a need for a driver's licence.You should include information about these things in your application, if you can. You will need toprove to the judge in court that these factors should be decided in your favour.A lot of work needs to be done before you apply to remove your disqualification. This is particularlyimportant if you have been disqualified because of a number of drink driving convictions.Before you applySome things to consider Whether you are successful in your application or not, you may be ordered to pay legal costs tothe solicitors for the CEO of Transport. It is recommended that you get legal advice before applying. Do not use this kit if you want to apply for an extraordinary driver’s licence. An extraordinarydriver’s licence application is different from an application to remove a disqualification. Pleasesee Further information at the end of this kit to find out where you can obtain information aboutapplying for an extraordinary driver’s licence.Last reviewed: 03/06/2020Page 3

Removal of licence disqualificationPart 1 – Information kitStep 1: Obtain a copy of your Criminal History and Record of Traffic InfringementNoticesApplying for a copy of your Criminal History (History for Court)When you make your application for removal of driver’s licence disqualification the court will want acopy of your Criminal History. A Criminal History document is also called a History for Court. Thecourt will want a copy of this document to know the type of prior convictions you have and whetheryou have any new convictions following your driver’s licence disqualification.A Criminal History does not include information about traffic infringements. A record of your trafficinfringements will need to be obtained separately (see below).You will need to obtain a copy of your Criminal History (History for Court) from the WA Police. To dothis you will need to submit a form called Application for Documents Outside of the Freedom ofInformation Act 1992 to the WA Police Information Release Centre. A copy of this Form may bedownloaded from the WA Police website: www.police.wa.gov.au under Online services Apply forInformation History for Court Download form.When you submit this Form you will need to provide a copy of photo identification (eg proof of agecard or passport).Once you have completed the Form and obtained a copy of your photo identification you will needto mail them to:WA Police Information Release CentreLocked Bag 20PERTH BUSINESS CENTRE WA 6849Alternatively, you can hand deliver them to:WA Police Information Release CentreLevel 5, Westralia Square141 St George’s TerracePERTH WA 6000You cannot obtain a copy of your Criminal History from your nearest police station.There is no fee payable when you submit this Form.Generally, it will take five business days to process this Form, however you should allow further timefor postage.If needed, you may contact the WA Police Information Release Centre on (08) 6229 5900 orIRC@police.wa.gov.au.Applying for a Record of Traffic Infringement NoticesA Record of Traffic Infringement Notices (Infringements Record) is a five year history of your WAtraffic infringements that you may have incurred from red light cameras, fixed and mobile speedcameras and hand written notices. The court will need a copy of your Infringements Record when itis considering your application for removal of driver’s licence disqualification.To apply for your Infringements Record you will need to complete an Authority to Release Recordof Traffic Infringement Notices. You can complete this Authority online through the WA Policewebsite: www.police.wa.gov.au under Online services Apply for Information Record of TrafficInfringement Notices Apply now.Last reviewed: 03/06/2020Page 4

Removal of licence disqualificationPart 1 – Information kitAlternatively, you can download the Authority from the WA police website or collect a copy from yournearest WA police station. Once you have completed the Authority you may submit it by: attending your nearest WA Police Station, or posting it to the WA Police Information Release Centre at the mailing address provided above.Alternatively you may attend the WA Police Information Release Centre in person at the addressprovided above.When you submit the Authority to Release Record of Traffic Inf

agencies, permission must first be obtained from Legal Aid Western Australia. This Kit provides information about the law only and does not constitute legal advice. You should seek legal advice if you have a specific legal problem. Every effort is made to ensure that the information contai

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