Clarity Law

Specialist Traffic Law Firm Queensland
Wednesday, 23 November 2022 16:46

Work Licence Affidavits

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If you have found yourself in a position where you are going to lose your licence as a result of a drug driving or low or mid-range drink driving charge (you had a BAC less than 0.15%) tin Queensland hen you may be eligible for a work licence.

One question that many people ask is what needs to go into my application and affidavit for a work licence?

Am I eligible for a work licence?

You could be eligible for a work licence if you meet the following criteria:

  • You have been charged with and intend to plead guilty to low or mid-range drink driving, meaning you had a BAC of less than 0.15% OR
  • You have been charged with and intend to plead guilty to driving with relevant drug (Cannabis, ecstasy or ice) in the blood or saliva present in your system.


  • You need your driver licence for work.

You are not eligible for a work licence if:

You are not eligible for a work licence if you meet any of the following criteria:

  • You have been charged with driving or being in charge of a vehicle while under the influence of drugs.
  • You have been charged with driving or being in charge of a vehicle while under the influence of alcohol, meaning you had a BAC of more than 0.15%.
  • You have been charged with failing to supply a breath or saliva sample at the police station.
  • You hold a licence that is not a current Queensland Open Driver Licence (not a learner or provisional licence)
  • You have been convicted of a drink or drug driving offence anywhere in the last 5 years.
  • You have been convicted of dangerous driving in Queensland in the last 5 years.
  • You have had your licence disqualified, suspended or cancelled in the last 5 years. (Please note there are some exceptions to this – contact us to see if you are eligible)

What does a Work Licence Application need to include? 

When preparing a work licence application, you will need the following documents:

  • A s87 application form – Application for an Order directing the issue of a Restricted Licence
  • An affidavit from you
  • An affidavit from your employer – If you are self-employed you do not need this. If you have multiple employers, you will need one from each employer.

You cannot simply provide a letter or a stat dec, it must be an affidavit.

What do I need to include in my affidavit?

An affidavit is a written statement which is sworn in front of a lawyer or Justice of the Peace and is used as evidence in court. In your affidavit you need to include the following information:

  • Your name
  • Your address
  • Your occupation
  • Your family situation including who you live with, if you have children and if you provide support or assistance to anyone.
  • Details of your job:
    • Your job title
    • The company you work for
    • How long you have held your job
    • The hours you normally work
    • The frequency with which you work overtime
    • Why you need to drive for you job (e.g. is it just to and from work or do you drive as a part of your job)
  • Details of your financial situation:
    • How much you earn from your job
    • How much anyone else in your family earns from their job or receives from Centrelink
    • Your weekly expenses
      • Rent / mortgage
      • Rates
      • Bills
      • Childcare / school fees
      • Groceries
      • Insurance
      • Credit card payments
      • Personal loan payments
    • Details of the offence you committed
    • Details of why you are a “fit and proper person”

What do I need to include in my employers affidavit?

If you are employed by a company you will need to get your immediate boss or a member of the HR department to provide you an affidavit which says you will lose your job if you don’t have a licence. This affidavit should include:

  • Your employers name
  • Your employers address
  • Your employers job title
  • Information about your job
    • How long you have been employed
    • What hours you are required to work
    • Why you require your licence
    • That if you don’t have your licence you will lose your job
  • Your employers assessment of your character

Once my affidavits are ready what do I do next?

Now that your affidavits are completed you need to file your application with the court.

In order to do this you will need to take 3 copies of each affidavit (which have been signed and witnessed by a JP or Solicitor) with you to court. Once at the court you should attend the registry and ask for a copy of the s87 or work licence application form. This form is self explanatory and requires you to put some details such are your name, address and driver licence number onto it.

Once the application is filled out you will then file a copy with the court registry. They will give you back the other two copies of the documents. One of those will need to be filed with the police prosecutors and the other copy is for your to keep.

All material should be filed a minimum of 3 business days prior to the hearing of your work licence application. This is to provide both the court and the prosecutors time to check the information in your affidavit.

What do you charge?

We charge a flat fee of $2,000 for our services, that means no hidden charges or unexpected bills.  

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you.  Clarity Law on the other hand are happy to list our prices as we are sure no other South East Queensland law firm can match our prices and experience. Our price includes;

  • full preparation for court including checking for defences and devising strategy to minimise penalty
  • contact with the police prosecution unit to obtain your traffic history and charge documents
  • drafting all affidavit material
  • arranging for you to attend a driving course (if appropriate)
  • all telephone calls, emails and meetings with you
  • detailed information to you on the likely penalty and information on what will happen at court and afterwards
  • appearing in the court with you for your guilty plea to the drink or drug driving charge and for the work licence application

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge and work licences. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them.

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How do I get more help or engage you to act for me? 

We have been operating since 2010 and undertaken almost 1,000 successful work licence applications throughout South East Queensland.

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to call you back
  4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.
  5. Visit our drink driving page
  6. Visit our drug driving page
  7. Visit our work licence page

We cover all courts in South East Queensland from the Gold Coast to Hervey Bay and out to Toowoomba.  We have 6 offices in South East Queensland to assist people.  We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about work licences and the court process. You won’t be chased or hounded to engage us.  Remember its critical you get advice before going to court, a drink or drug driving charge no matter the reading will have an impact on you, your family and your employment or business.  

Need more information?

We have a range of articles on work licences on our blog.  Some of the most recent have included:

Last modified on Thursday, 24 November 2022 17:08
Lucy Ferguson

Lucy is a senior traffic lawyer at clarity law | This email address is being protected from spambots. You need JavaScript enabled to view it.