sec.317Deciding applications

sec.317 Deciding applications

A court may make a special hardship order only if satisfied— the applicant is a fit and proper person to continue to drive, having regard to the applicant’s traffic history, and the safety of other road users and the public generally; and a refusal to make the order would cause either or both of the following— extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and when the order is made, the applicant holds an open licence or provisional licence that would be valid other than for the suspension, under a relevant provision, to which the order relates. For subsection (1) (b) (i) , the applicant must give the court— an affidavit made by the applicant outlining how a refusal to make the special hardship order would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; and if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application were refused. For subsection (1) (b) (ii) , the applicant must give the court an affidavit made by the applicant that— outlines how a refusal to make the special hardship order would cause severe and unusual hardship to the applicant, or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and is accompanied by a statutory declaration from a person other than the applicant or other documentary evidence, or certified copies of evidence, in support of each matter stated in the affidavit. (sec.317-ssec.1) A court may make a special hardship order only if satisfied— the applicant is a fit and proper person to continue to drive, having regard to the applicant’s traffic history, and the safety of other road users and the public generally; and a refusal to make the order would cause either or both of the following— extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and when the order is made, the applicant holds an open licence or provisional licence that would be valid other than for the suspension, under a relevant provision, to which the order relates. (sec.317-ssec.2) For subsection (1) (b) (i) , the applicant must give the court— an affidavit made by the applicant outlining how a refusal to make the special hardship order would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; and if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application were refused. (sec.317-ssec.3) For subsection (1) (b) (ii) , the applicant must give the court an affidavit made by the applicant that— outlines how a refusal to make the special hardship order would cause severe and unusual hardship to the applicant, or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and is accompanied by a statutory declaration from a person other than the applicant or other documentary evidence, or certified copies of evidence, in support of each matter stated in the affidavit.