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Work Licence WORK LICENCE

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Page 1: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

Work Licence

Legal Aid Queensland Offices

WorkLic

ence

Page 2: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�Legal Aid Queensland | How to apply for a Work Licence

Contents1. When to use this kit ..........................................2

Use this kit if ......................................................................................... 2Do not use this kit if .............................................................................. 2How this kit will help you .................................................................... 2Applying for a work licence ................................................................. 2

2. Terms you should know ....................................3

3. Applying for a work licence ..............................4Who can apply? .................................................................................... 4Who may be excluded? ......................................................................... 4What is a work licence? ........................................................................ 5How and where to apply ....................................................................... 5At court ................................................................................................. 6When to apply ....................................................................................... 6

4. How to prepare your application ......................7Step 1: Fill in the Application form ...................................................... 7Step 2: Prepare an Affidavit to support your application ...................... 7Step 3: Get your employer’s help ......................................................... 8

5. Lodging your application ..................................9Lodging your material .......................................................................... 9Checklist ............................................................................................... 9

6. In court ............................................................10What to do in court ............................................................................. 10Giving your evidence for the work licence application ...................... 11The penalty and decision about your licence ...................................... 12

7. The work licence and its conditions ..............13Getting the work licence ..................................................................... 13If you are convicted of driving outside the work licence conditions .. 13After the disqualification period ......................................................... 13

8. Sample forms ..................................................14Affidavit .............................................................................................. 15Employer’s Affidavit ........................................................................... 18Application - F3181 ............................................................................ 19

PLEASE NOTE: This kit is intended to provide you with information only. If you have a legal problem, you should seek legal advice from a lawyer.

Legal Aid Queensland believes that the information provided is accurate as at September 2004 and does not accept responsibility for any errors or omissions.

Page 3: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�How to apply for a Work Licence | Legal Aid Queensland

When to use this kitUSE THIS kIT If: You have a Queensland licence: open, provisional or learners which is at

risk of being cancelled;

You have been charged with drink driving; OR

You have been charged with failing to supply a specimen of breath or blood;

AND

You need your licence to keep your job.

DO NOT USE THIS kIT If: You have an interstate licence or special provisional licence;

You have been disqualified from driving because you have accumulated too many points;

You are unemployed or will not suffer hardship from suspension of your licence.

You have been given an on-the-spot ticket (Section 81(4) notice) for drink driving. You may still apply for a work licence however please seek legal advice - contact Legal Aid Queensland on 1300651188.

HOW THIS kIT WILL HELP yOU: The kit sets out general information about:

How to complete the relevant forms;

The procedure to be followed in court;

The Magistrate’s decision; and

The meaning of the legal terms used in the kit.

APPLyINg fOr A WOrk LICENCEIf you are caught and found guilty of drink driving, your licence maybe cancelled.

For many people, this cancellationorloss of a driver licence means the loss of employment. This may cause extreme hardship for them and their families by taking away their means to earn a living.

Sometimes in situations of extreme hardship, the Court may grant a worklicence (restricted licence). A work licence allows you to drive for work/employment purposes only.

“Use this kit if you need your licence to keep

your job.”

Page 4: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�Legal Aid Queensland | How to apply for a Work Licence

Terms you should knowAdjournTo put off the hearing of your work licence application until a future time.

AffidavitA signed, written statement by a person involved in the case, stating what he/ she knows. It is sworn under oath or affirmed. It must be witnessed by a Justice of the Peace, or a Commissioner for Declarations or a solicitor.

AffirmingStating what you say or write is the truth. It is used instead of ‘taking the Oath’ if your religion does not allow you to take an Oath or you do not have a religion.

DefendantThe person defending the charges - in this case, you.

DeponentThe person who signs an affidavit.

EvidenceThese are the facts that a court decides a case on. You can present your evidence to support removing your disqualification either verbally to the court or in the form of an Affidavit.

Justice of the Peace/ Commissioner for Declarations/SolicitorThe person who must watch you sign your affidavit and then they sign it as the witness.

MagistrateThe Magistrate is the person who will judge your case. He/ she exercises control over the Magistrates Court and makes all findings about law and fact.

Magistrates CourtThe court where your application will be heard.

Oath‘Taking the Oath’ means swearing on the Bible that you will tell or have told the truth. If you do not believe in the Bible you can affirm that the content of your Affidavit is true.

Police ProsecutorThe police officer who presents the evidence in court.

“The Magistrates

Court is where your

Application will be heard.”

Page 5: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�How to apply for a Work Licence | Legal Aid Queensland

WHO CAN APPLy?You can only apply for a work licence if all the following circumstances apply to you (please tick the box if the option applies to you):

At the time of applying for a work licence you hold a current Queensland provisional or open driver licence;

At the time of the offence, you held a current Queensland provisional or open driver licence;

At the time of the offence, you were not driving for your job; At the time of the offence you were not already driving under a work

licence; In the last five years, you have not been convicted anywhere of a drink

driving offence or failing to provide a specimen of breath or blood; In the last five years, you have not been disqualified from holding a

licence or had your licence suspended or cancelled in Queensland (this does not include if your suspension, cancellation or disqualification was because of a mental or physical disability; or a suspension under the State Penalties Enforcement Act for non-payment of a penalty, or later set aside on appeal); and

Your blood alcohol concentration (BAC) level was below 0.15%.

Have you ticked every box? If yes, read on. If no, seek legal advice before applying.

WHO WILL bE ExCLUDED?You can not apply for a work licence if any of the following circumstances apply to you:

At the time of the offence, you were driving a motor vehicle that you were not authorised to drive under an open or provisional licence;

You were under 25 and held a provisional licence or learners permit and your blood alcohol level exceeded 0%;

Your blood alcohol level exceeded 0% while driving, attempting to put in motion, or in charge of any of the following types of motor vehicles:• a motor truck • a motor omnibus• an articulated motor vehicle• a B-double• a road train• an operational tow truck• a taxi or limousine• a vehicle used while giving driver training (as a qualified driver trainer)• a vehicle carrying a placard load of dangerous goods• a pilot vehicle escorting an excess dimensional vehicle

Applying for a work licence

“A work licence allows a person

convicted of drink driving or a related

offence to drive for employment

purposes.”

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�Legal Aid Queensland | How to apply for a Work Licence

WHAT IS A WOrk LICENCE?A work licence allows a person convicted of drink driving or a related offence to drive for employment purposes. It can also be called a provisional, restrictive or day licence.

restrictions on a work licenceThe court may restrict how the work licence may be used to earn a living. For example, the court may limit:

• The times when you may drive;• The purposes for which you may be able to drive;• The class of vehicle you may drive; and• The carrying of passengers in the vehicle.

Disqualification periodIf a work licence is granted, you may be disqualified from driving for doubletheamountoftime than if you had not applied for the licence.

The work licence will normally be issued for the entire period of your disqualification. However, if the work licence has not been issued for the entire period, it is your responsibility to renew the licence before it expires.

Accumulation of Points while on work licenceIf you accumulate four or more demerit points while you are on a work licence, the licence will be cancelled and you will not be granted a learner’s permit or another provisional licence for:

Three months from when you return the licence to a Queensland Transport Customer Service Centre;

OR

If the balance of the disqualification period for the drink driving charge, imposed by the court, is longer than three months; until you complete the balance of the disqualification period. For example, the court gives you an 18 month disqualification period and 6 months later you have accumulated 4 demerit points, the balance of the disqualification period is 12 months. That is, you will not be granted a learner’s permit or a further provisional licence until the 12 months has passed.

HOW AND WHErE TO APPLy When you have been charged with drink driving you will be sent a Notice to Appear at court. You must tell the Magistrate you want to apply for a work licence at the time the conviction is recorded against you and before the court makes an order disqualifying you from holding a driver licence (see AtCourt section below).

“The court may restrict how the

work licence may be used to earn a living.”

Page 7: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�How to apply for a Work Licence | Legal Aid Queensland

“You must apply for a

work licence at the time

the conviction is recorded

against you.”

AT COUrT Ifyouwanttopleadguilty to the charge and apply for a work licence,

tell the Magistrate at the first court appearance that you need your licence for work and you want to apply for a work licence. You will be given a date and time to come back to court for your application to be heard.

Ifyouwanttopleadnotguiltytothecharge, tell the Magistrate you would like a hearing date. You will be given a date and time to come back to court for your hearing.

At the hearing, after you have pleaded not guilty and if you are found guilty, you must tell the magistrate you want to apply for a work licence. Bringthematerialyouneedtoapplyforaworklicence with you to court, in case you are found guilty.

WHEN TO APPLy fOr A WOrk LICENCEIf your driver licence is cancelled because of drink driving you may be able to obtain a work licence by applying to the court. But first, you must decide whether you are:

Guiltyoftheoffencebut wish to explain to a Magistrate why you committed the offence;

OR

Notguiltyoftheoffence and wish to have the matter dealt with by a Magistrate;

When you have been charged with drink driving or failing to supply a specimen of breath or blood, you will be summonsed to appear in court. Traffic offences are conducted in the Magistrates Court.

If, once you go to court, the Magistrate convicts you of drink driving or failing to supply a specimen of breath or blood, your driver licence will be cancelled.

Page 8: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�Legal Aid Queensland | How to apply for a Work Licence

How to prepare your Application

“An affidavit is a written

statement you make under

oath in front of a Justice of the

Peace.”

The hearing of your Application is the only time you can apply for a work licence, so prepare carefully all the information you need to put before the court. Follow these three easy steps.

STEP 1: fILL IN THE APPLICATION fOrMFill in an Application for an Order directing the issue of a Restricted Licence. There are two different application forms:

1. Use Application number3181 if you have to go to court because you have been chargedfordrinkdriving (see sample page 19).

You can obtain the form at any Magistrates Court. The application is in triplicate (three copies).

2. If you have been given an on-the-spot ticket (Section 81(4) notice) for drink driving, you will need to complete a different Application. Please seek legal advice - call Legal Aid Queensland on 1300651188.

STEP 2: PrEPArE AN AffIDAvIT TO SUPPOrT yOUr APPLICATIONAn Affidavit is a written statement you make under oath (you promise to tell the truth) in front of a Justice of the Peace. It must be typed (see sample page 15).

Include in your Affidavit:

Workdetails• your occupation;• the work you actually do;• how long you have had this job;• whether you need a driver licence to perform your work;• the hours you work each day and the days of the week you work;• whether while you are disqualified your employer will give you another

position which does not require you to have a driver licence;• whether someone at work can drive you around so you can do your job;• whether you will lose your job if you lose your licence;• why it is important for you to keep this job;• how difficult it would be to find another job and why; and• whether you need your licence to get to and from work (perhaps

you live a long way from public transport, you need to carry tools or equipment to and from work, or there is no public transport at the time you start or finish work).

Page 9: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�How to apply for a Work Licence | Legal Aid Queensland

“Ask your employer to

be prepared to go with you to Court and give evidence about how your job

will be affected if you lose your

licence.”

Thecircumstancesoftheoffence • reasons for committing the offence;• how you came to be charged or given the ticket; and• your reaction to the charge or the ticket eg. you regret your conduct.

Familydetails• whether you have a family to support; and• how many children you have and their ages.

Yourincome• whether your spouse works and if so how much they earn each week;

and• the average weekly wage you receive after tax and any other income

you have.

Yourweeklyexpenditure• rent;• mortgage;• loan repayments - amount owing, to whom it is owed and the weekly

repayment;• credit and bank card payments;• medical and dental expenses;• food, clothing, electricity, gas and phone expenses;• transport costs; and• other regular commitments.

Do not sign the Affidavit yet. Make two photocopies of it and then sign all three of them in front of a Justice of the Peace. Look at the sample Application form (on page 19) and sample Affidavit (on page 15) as a guide to follow when you do your own.

You need three copies of your Affidavit and Application form.

STEP 3: gET yOUr EMPLOyEr’S HELPAsk your employer to be prepared to go with you to court and give evidence about how your job will be affected if you lose your licence. Sometimes the police will not require your employer to go to court; an Affidavit from your employer may be enough.

If your Application is made to the Brisbane City Magistrates Court, phone 07 3247 5598 to find out whether your employer is required at court or whether an Affidavit is enough. If your Application is to a court outside Brisbane, check with the local police station.

If an Affidavit is enough, ask your employer to use the sample (on page 18) as a guide. Make two photocopies of your Employer’s Affidavit and get your employer to sign all three copies in front of a Justice of the Peace.

Page 10: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�Legal Aid Queensland | How to apply for a Work Licence

LODgE yOUr MATErIAL (gIvE IT TO THE COUrT)Ifyouwanttopleadguilty so you can explain why you committed the offence, group your documents so you have three sets of Application and Affidavit/s. Give one set of the Application and Affidavit/s to the court at least oneweekbefore the hearing for your work licence.

Ifyouwanttopleadnotguilty, give one set of the Application and Affidavit/s to the court at the hearing if you are found guilty.

CHECkLISTBefore going to court, spend some quiet time alone thinking about your case. This checklist will help you make sure you have covered everything you’ll need to know in court.

I have thought about my case carefully and think I have a reasonable chance of success.

I know the date, time and place of my hearing.

I have completed the Applicationnumber3181 if I have to go to court because I have been chargedfordrinkdriving (see sample page 19).

I have three sets of my Affidavit/s and have attached them to the three sets of the Application or I have given one set of the Affidavit/s to the Magistrates Court at least one week before the hearing date.

If my employer is not required at the hearing, I have three sets of his/her Affidavit/s and have provided a copy to the court/prosecutor prior to the hearing.

If I am pleading not guilty, I have a two sets of the Application and Affidavit/s ready to give one each to the court and to the prosecutor if I am found guilty.

I have told my employer the hearing date and asked him/her to be prepared to go to court if necessary.

I have my driver licence with me.

Lodging your Application

“Make sure you give one set of

Affidavit/s to the court at least

one week before the hearing.”

Page 11: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�0How to apply for a Work Licence | Legal Aid Queensland

In Court

“Speak slowly, clearly and

loudly... courts are noisy places.”

WHAT TO DO AT COUrT1. Dressneatly, make sure you have your driver licence with you and get to

court early to get a ‘feel for the place’. Donotbelate.

2. Give the court clerk or the police prosecutor your name and say you are representing yourself.

3. The court clerk or police prosecutor should be able to answer any questions you have. The prosecutor is a police officer who presents the case against you. You are called the ‘defendant’ in court.

4. Yourname will usually be called by the court clerk or a police officer outside the courtroom. In some courts your name is called over a loudspeaker. If you are not already in the courtroom, go in and show the Magistrate that you are present by walking up to the table in front of the Magistrate. Do not be shy and do not hesitate. The Magistrate understands that you are not used to being in court.

5. Address the Magistrate as ‘YourWorship’. Always stand and face the Magistrate when speaking to or being spoken to by the Magistrate. Speak slowly, clearly and loudly. Courts are noisy places and it is often difficult to hear.

6. The Magistrate will read out the charge against you and ask how you plead.

Ifyouwanttopleadguilty and explain why you committed the offence, tell the Magistrate and say that you want to apply for a work licence. The police prosecutor will present evidence against you. The Magistrate may ask if you want to comment on the facts. Tell the Magistrate if you disagree with anything the police prosecutor said.

Ifyouarepleadingnotguilty, the police prosecutor will present evidence and you can present evidence if you wish.

7. The Magistrate will then decide if you are guilty or not. If you are found not guilty, the charge is dismissed. If you are found guilty, tell the magistrate that you want to apply for a work licence. Give one set of your Application and Affidavit/s to the Magistrate.

8. You need to ask for an adjournment if the Magistrate wants your employer to appear in court.

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��Legal Aid Queensland | How to apply for a Work Licence

gIvINg yOUr EvIDENCE fOr THE WOrk LICENCE APPLICATIONGive a copy of the Application and Affidavit/s to the police prosecutor.

Firstly, if you have been convicted of previous offences, the police prosecutor will read out your convictions. These usually include traffic convictions only but if you have a long history of convictions this is considered by the Magistrate. You will be asked if the convictions are correct. Tell the Magistrate if anything is wrong and explain why. The Magistrate needs to know this information to decide what penalty to give you for the current offence.

The Magistrate will then ask about your Application. This is your chance to explain why you should have a work licence. The Magistrate may ask you to go into the witness stand, take an oath to tell the truth and give your evidence.

You can tell the court you would like to rely on your Application and Affidavit/s and summarise the main points.

The police prosecutor may question you about any information you give. You must satisfy the Magistrate that if you lose your licence you will lose your job and that you are a fit and proper person to hold a work licence.

Your evidence (that is your Application, Affidavit/s and what you say in court) should include all of the following:

Yourdrivingrecord Tell the Magistrate if your driving record has been good. For example,

you may have driven 10 years without a conviction. If you have previous traffic or criminal offences, you should explain how your attitude or circumstances have changed so that you are not likely to offend again and are a fit and proper person to hold a work licence.

Yourreasonsforcommittingtheoffence Tell the Magistrate if you committed the offence for a reason. For

example, you may have known what effect the drinks would have on your blood alcohol level but drove because something happened.

Thecircumstancesofyourarrest Explain to the Magistrate why you were picked up by the police. Were

you breaking any rules of the road? Were you stopped at a location where random breath testing was being undertaken? Or did your driving threaten the safety of other road users?

Yourreactiontothecharge You should tell the Magistrate that you are genuinely sorry, you regret the

conduct that brought you to court, you have learned a lesson and you do not intent to drink and drive ever again.

If you have put some but not all of the above in your Affidavit, make sure you tell the court the extra while you are in the witness box.

“Tell the Magistrate if your driving

record has been good.”

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��How to apply for a Work Licence | Legal Aid Queensland

“You must not drive until after you have been issued with the work licence.”

THE PENALTy AND DECISION AbOUT yOUr LICENCEAfter the police prosecutor has presented evidence against you and you have given your evidence, the Magistrate will decide:

What penalty to impose on you for drink driving; and

Whether to grant a work licence and, if so, under what conditions.

If the Magistrate has to adjourn the matter to give it more thought, your licence is suspended (you must not drive) until a decision is made about your application.

As part of the penalty the Magistrate usually imposes a fine and sets a period of imprisonment should the fine not be paid. For example: “You are convicted and fined $600; in default of payment, 21 days’ imprisonment”. This means you will be jailed for 21 days if you do not pay the fine. You will be asked how much time you need to pay the fine. It is advisable to ask for time to pay, even if you intend paying immediately. If the fine is not paid within the time allowed, and you have not asked for an extension, you will be imprisoned for the time specified in the order unless you pay the fine when the police come to arrest you.

If you find it difficult to pay the fine because of your financial situation, ask the Magistrate for a Fine Option Order which allows you to work off the fine by doing community service.

Apply for a Fine Option Order at the time the fine is imposed or at a later date. You must apply before the end of the period you have been given to pay the fine. The Magistrate will tell you whether your application has been granted and what conditions will apply.

yOUr NOTES

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��Legal Aid Queensland | How to apply for a Work Licence

gETTINg THE WOrk LICENCEIf the Magistrate grants your application, you must wait outside the courtroom for the court clerk to arrange an order (a document) for you to take to a Queensland Transport Customer Service Centre to get a work licence.

It is important for you to understand that even though the Magistrate makes an order directing that you be issued with a work licence, you will be disqualified from holding or obtaining a driver licence other than this work licence. Youmustnotdriveuntilafteryouhavebeenissuedwiththeworklicence. You are not allowed to drive from the court to a Queensland Transport Customer Service Centre to get your work licence.

The work licence will normally be issued for the entire period of your disqualification. However, if the work licence has not been issued for the entire period, it is your responsibility to renew the licence before it expires.

Ifyourworkcircumstanceschangeseeklegaladviceassoonaspossible.

If yOU ArE CONvICTED Of DrIvINg OUTSIDE THE WOrk LICENCE CONDITIONSIf you are convicted of driving outside the conditions of your work licence:

Your licence will be cancelled (you may not drive under any circumstances);

You will be disqualified from holding or obtaining a driver licence for a period decided by the Magistrate. This time will start at either:

• the end of the original disqualification period (if any time is still to be served), or

• the date of your conviction (if you have already served all of the original disqualification period);

You may be fined up to $1500 (20 Penalty Units).

AfTEr THE DISQUALIfICATION PErIODIf the period of your disqualification is shorter than the period for which you must hold a work licence before being allowed to apply for an open licence, contact the Department of Transport for advice on what to do.

If the period of your disqualification is more than the period for which you must hold a work licence before being allowed to apply for an open licence, you may apply for an open licence as soon as the disqualification period ends.

“Once you have held the provisional

driver licence for the

compulsory holding period, you may apply

for an open licence.”

The work licence and its conditions

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��How to apply for a Work Licence | Legal Aid Queensland

Sample forms

Affidavit ................................................................15

Employer's Affidavit .............................................18

Application – f3181 .............................................19

NOTE: These forms are to be used as a guide only.

Blank forms are available from the Magistrates Courts.

Make sure you put in your own details when completing the forms.

Page 16: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

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INTHEMAGISTRATESCOURTHELDATBRISBANE Number:

IN THE MATTER of

Section 87 of

Transport Operations

(Road Use Management Act)

1995

AFFIDAVITofJOHN FRANCIS DOE

I, JOHN FRANCIS DOE of 26 Little Street, Browns Plains, in the State of Queensland, Landscape Gardener, being duly sworn, hereby make oath and say as follows: -

1. I am the applicant in this matter.

2. I am 27 years of age and have a wife and three children whom I support. My children are aged 8, 5, and 3.

3. My wife works part time at Cindy Kindy, Buranda and earns an average of about $60 a week clear.

4. I work as a landscape gardener for Beautiful Gardens at 273 Logan Road, Buranda. I have been with that firm for the past nine years.

5. I am required to travel to various places to do my work and need a driver licence to drive the trucks or utilities as I need to take heavy equipment and plants with me.

SHEET 1

Signed: Taken by:

Affidavit

Filed on behalf of: JOHN FRANCIS DOE

Address for Service:

Form11

Sample Affidavit

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Sample Affidavit (continued)...6. Sometimes I have other men come with me to do a job if it is a large one and at other

times I need to drive out alone or I am sometimes left to finish the job on my own.

7. I have spoken to my employer Roger Minty and he has said he would be unable to provide another workman to drive me around the various sites. If I lost my licence he has no alternative but to sack me and get somebody else.

8. I work Monday to Friday 7:00am to 4:00pm and on Saturday from 7:00am to 1:00pm.

9. I also need my licence to drive to and from work as there is no public transport that I could take to get to and from my work place at Buranda. Also I am sometimes required to use my own ute to go to a work site and sometimes I take the ute home with the equipment.

10. It usually takes me about an hour to drive home from work or to the various work sites and about an hour to drive home. I would need a licence to be able to leave home at 6:00am and arrive home at 5:30pm.

11. I earn an average of $500 in the hand a week.

12. Two years ago my wife and I brought a house and there is a $45,000 mortgage still owing to it. My weekly financial commitments are as follows:

a) Mortgage repayments $ 150.00 b) Personal loan from AGC ($900 still owing) $ 30.00 c) Myer credit card ($400 still owing) $ 15.00 d) Electricity $ 11.00 e) Phone $ 23.00 f) Gas $ 10.00 g) Petrol for my ute $ 20.00 h) Maintenance for my ute $ 5.00 i) Medical Benefits for family $ 30.00 j) Dentist’s fees $ 50.00 k) Regular medication $ 7.00 l) Food $ 60.00 m) Clothing $ 20.00 n) Wife and children’s transport $ 20.00

TOTAL $ 451.00

Page 2

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Sample Affidavit (continued)...13. Landscaping is the only work I know. I have worked very hard for this company and I

know that they are happy with my work and would be happy to keep me on as long as I wanted to stay. It would be very hard for me to find another job in landscaping as jobs at the moment are very hard to find.

14. This offence occurred on a Sunday afternoon. I had had a couple of beers as I was not intending to drive anywhere. My wife and I had been having some domestic problems. We had a bad argument. I left the house in a rage. I wasn’t thinking properly. I hopped in the car and drove off. I don’t know where I was going. I drove past a pub a few streets away and parked there. Then I realised that I had not taken my wallet or any money with me. When I calmed down a bit I decided to go home and just as I drove out of the hotel parking lot I was stopped by police and asked to do a roadside test. There was nothing wrong with my driving. I can only assume the police decided to test me because they saw me coming out of the hotel parking area.

15. I got my licence when I turned 17 and I have been driving for ten years. In that time I have had one speeding ticked and a fine for going through a red light. I have not previously been convicted for drink driving or any other traffic offences.

16. If I am not granted a provisional/restricted licence I would lose my job and any unemployment benefits that I receive would not be sufficient to cover all my financial commitments. I believe that my wife and I would lose our house. This would cause hardship for myself and my family.

All the facts and circumstances deposed to in this my Affidavit are within my own knowledge and belief, except for the facts and circumstances deposed to from information only, and my means of knowledge and sources of information appear on the face of this my Affidavit.

SWORN by the deponent at ...........................................................

........................................... this ................................... day (Signature of Deponent)

of ......................................., 2004

............................................................ Before me (Justice of the Peace)

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Sample Employer’s AffidavitINTHEMAGISTRATESCOURT

HELDATBRISBANE

Number:

IN THE MATTER of

Section 87 of

Transport Operations

(Road Use Management Act)

1995

AFFIDAVITofROGER MINTY

I, ROGER MINTY of 78 Crescent Drive, Carina in the State of Queensland, Landscape Gardener, being duly sworn, hereby make oath and say as follows:

1. I am the owner of a landscaping business trading as Beautiful Gardens.

2. JOHN FRANCIS DOE has worked for me for the past nine years.

3. To enable JOHN FRANCIS DOE to carry out his work he has to travel to various work sites where the landscaping is to be done. Usually, he has to take equipment with him and sometimes one or two workers. At other times he is required to work on his own if the job is not urgent or not large.

4. I find JOHN FRANCIS DOE a very responsible worker and I would be keen to have him continue to work for me. Unfortunately, if he loses his licence I do not have any other work that I could give him to do while he is without his licence. I would have no alternative but to terminate his employment as I would have to find someone else to replace him.

All the facts and circumstances deposed to in this my Affidavit are within my own knowledge and belief, except for the facts and circumstances deposed to from information only, and my means of knowledge and sources of information appear on the face of this my Affidavit.

SWORN by the deponent at ..................................................

.............................................this ............................................ day (Signature of Deponent)

of ........................................., 2004

..................................................

Before me (Justice of the Peace)

Page 20: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

Sampl

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Sample Application – f3181

DOE

JOHN FRANCIS

26 LITTLE STREETBROWNS PLAINS 4118

21 2 69 GOLD COAST

LANDSCAPE GARDENER

5555 21111 8 7 5 06

TRUCKS/UTILITIES

D) I am required to travel to various places to do my work and need a driver licence to drive the trucks to take heavy equipment.E) This offence occurred on a Sunday afternoon when I was not working.

JDoe 13 3 04

Page 21: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

�0How to apply for a Work Licence | Legal Aid Queensland

your Notes

Page 22: Legal Aid Queensland Offices · Legal Aid Queensland ... After the disqualification period ... statement you make under oath in front of a Justice of the Peace

• Brisbane

44 Herschel Street

BRISBANE Q 4000

• Bundaberg

2nd Floor, WIN Tower

Cnr Quay & Barolin Streets

BUNDABERG Q 4670

• Caboolture

Ground Floor, Kingsgate

42 King Street

CABOOLTURE Q 4510

• Cairns

Ground Floor, Equity Central

46 Spence Street

CAIRNS Q 4870

• Inala

Level 1, Inala Commonwealth Centre

20 Wirraway Parade

INALA Q 4077

• Ipswich

97 Brisbane Street

IPSWICH Q 4305

• Mackay

Ground Floor

17 Brisbane Street

MACKAY Q 4740

• Maroochydore

Ground Floor, M1 Building

1 Duporth Avenue

MAROOCHYDORE Q 4558

• MountIsa

6 Miles Street

MOUNT ISA Q 4825

• Rockhampton

Ground Floor

35 Fitzroy Street

ROCKHAMPTON Q 4700

• Southport

1st Floor

100 Scarborough Street

SOUTHPORT Q 4215

• Toowoomba

1st Floor

154 Hume Street

TOOWOOMBA Q 4350

• Townsville

3rd Floor, Northtown

280 Flinders Street Mall

TOWNSVILLE Q 4810

• Woodridge

1st Floor, Woodridge Place

Cnr Ewing Road & Carmody Street

WOODRIDGE Q 4114

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