A person who has been disqualified by a Queensland Court from holding or obtaining a driver’s licence either absolutely or for a period of more than 2 years, may, after the expiration of 2 years from the start of the disqualification period apply to the court for the disqualification to be removed.

The application is made to a court of the same jurisdiction as that which imposed the original order. For example, if you were disqualified for a period of more than 2 years by the Magistrates Court, then the application to remove the disqualification is made to the Magistrates Court. Likewise, if the order was made by the District or Supreme Court, then the application is made to that court.

Notice of the application must be given to the Commissioner of Police at least 28 clear days prior to it being heard.

The application is supported by the evidence that you wish to rely upon to satisfy the court as to why the disqualification should be removed.

Ordinarily, this is an affidavit from the applicant as well as affidavits from any other people who support the application. e.g. employer, family members, etc.

The court has to decide whether to grant the order to remove the disqualifications.

In doing so, it considers the following:

• Character of the person who was disqualified; and
• The conduct subsequent to the order being made.

It is important that you annex to your affidavit anything that you wish to rely upon to support any contention that you make.

For example, if you have completed a defensive driving course, then you must include that in your application.

The court also takes into account the nature of the offences that lead to the disqualification as well as any other circumstances that are deemed to be relevant

The court can allow the application and remove the disqualifications immediately or at any other time in the next 12 months.

However, should your application be refused, then a further application cannot be made for a period of 12 months.

As with all applications to the court, it’s important to obtain legal advice to ensure that everything that the court requires of you has been addressed, and your application has the best chance it can to succeed.