Application for removal of licence disqualification

If you have been disqualified, by operation of law or an order, from holding or obtaining a Queensland driver licence absolutely for a period of more than 2 years, you may, at any time after the expiration of 2 years from the start of the disqualification period, apply for the disqualification to be removed.

The Application for the disqualification to be removed must be made to:

  • If the disqualification was ordered by a Judge of the Supreme Court - a Judge of the Supreme Court; or

  • If the disqualification was ordered by a Judge of the District Court - a Judge of the District Court; or

  • If the disqualification was not ordered by a Judge of the Supreme or District Courts:

    • If the person lives in Queensland - the Magistrates Court exercising jurisdiction at the place where the person lives; or

    • If the person lives outside Queensland - the Magistrates Court, central division of the Brisbane district.

Notice of any such Application shall be given to the Commissioner or to any police officer authorised by the Commissioner to receive such notices, who shall be entitled to appear and be heard and to give and produce evidence at the hearing of such Application for or against the granting of the Application.

The notice required above shall be given at least 28 clear days prior to the date of hearing of such Application.

Upon hearing any such Application the Court shall have regard to:

  • The character of the person disqualified; and
  • The person's conduct subsequent to the order; and
  • The nature of the offence; and
  • Any other circumstances of the case.

The Court may by order:

  • Immediately remove the disqualification; or
  • Remove the disqualification from such date as may be specified; or
  • Refuse the Application.

Where an Application is refused, a further Application shall not be entertained if made within 1 year after the date of the refusal.  You should attend upon an experienced Criminal Law Solicitor such as Michael Gatenby to ensure you have the best chance of being granted your licence.

To schedule an appointment with Mr Gatenby please contact our office on 5591 5099.