Habitual Offender Declaration

If you have been caught driving illegally multiple times, you might have faced something called a habitual offender declaration. This declaration can add years to your licence disqualification, making it harder to get back on the road. But recent changes in the law have affected how this works.

Whether you’re struggling with removing a habitual offender declaration or want to understand your options, we have the legal support you need to protect your rights.

What Is a Habitual Offender Declaration?

Habitual offender declarations were part of an old scheme that automatically disqualified drivers who had been convicted of three or more serious traffic offences within five years.

These included offences like:

Drink driving
Drug driving
Driving while disqualified or unlicensed
Reckless or dangerous driving

Under the old rules, an extra five-year disqualification was added on top of the court-imposed penalty, leading to disqualifications stretching into decades.

But that all changed on 28 October 2017, when the law was amended to abolish the habitual offender scheme in New South Wales. Since then, new declarations can no longer be made.

Why Does It Still Matter Now?

Even though the law changed in 2017, many people declared habitual offenders before that date still have active disqualifications on their records.

That means if you were declared a habitual offender before 28 October 2017, your disqualification remains — unless you take action to have it removed by the court.

This is where things can change in your favour.

Can I Apply to Remove My Disqualification?

Yes. If your current disqualification relates only to a habitual offender declaration made before 28 October 2017, you may be eligible to apply to have it removed — but you must meet strict conditions.

To apply, you must:

Not have committed any traffic offences (excluding parking fines) in the past 2 years
Have a disqualification period that only relates to habitual offender declarations
You cannot apply if you’ve ever been convicted of serious motor vehicle offences involving death, serious injury, or police pursuits

This application is made under section 221B of the Road Transport Act 2013.

What Does the Court Consider?

The court won’t automatically lift your disqualification — they’ll look at whether it’s appropriate to do so. When making that decision, the magistrate will consider:

Public safety
Your full driving record, including any pending charges
Whether you’ve been offence-free for the past 2 years
Your conduct since disqualification
The original offences that led to your disqualification
How your current disqualification affects your:
- Work or business
- Family or carer responsibilities
- Health
- Finances
- Access to alternative transport

This is your chance to show that you’ve changed, and that staying disqualified is now doing more harm than good.

What Should I Bring to Court?

You’ll need strong, clear evidence. The more detailed and honest your application, the better your chances.

Helpful documents include:

Character references from your employer, family members, or anyone who relies on you
A personal letter explaining your situation and how the disqualification has affected your life
Medical certificates (for you or someone you care for) showing the need for a licence
Any financial records proving hardship
Your complete driving record and details of any current matters

You can represent yourself — but a lawyer can prepare your case properly and give you the best shot at success.

How CIALawyers Can Help You?

At CIA Lawyers, we specialise in helping people like you get their licences back. We understand how frustrating it is to face long disqualification periods.

Our experienced team will guide you through the application process, prepare the right evidence, and represent you in court. We make sure your case is heard properly so you have the best chance of success.

If you want help with your habitual offender declaration, don’t wait. Contact us for a free initial consultation and let us fight for your rights.

FAQs

Q: Can I apply to remove my habitual offender disqualification if I committed a minor traffic offence during the two years?

A: No. You must have a clean driving record, with no traffic offences (except parking fines) for at least two years before applying.

Q: What if I was declared a habitual offender before 2017 but my disqualification hasn’t started yet?

A: The declaration remains valid. You will need to apply to the court to remove or reduce your disqualification early.

Q: Do I need a lawyer to apply for the removal of a habitual offender declaration?

A: You don’t have to have a lawyer, but it’s strongly recommended. A lawyer can help you prepare your case and speak for you in court, improving your chances.

Our Process

1. Consultation

Connect with a qualified solicitor to discuss your immigration needs and determine the best strategy for securing your visa under Australian immigration law.

2. Application

Our legal consultants will guide you through the preparation of all required documentation, including any necessary written or oral submissions.

3. Approval

We stand by your side throughout the entire process, advocating on your behalf and supporting you until your visa application is successfully approved.