Your affidavit is the single most important document in a limited licence application. It is a sworn statement setting out the facts that the court needs to assess your hardship claim. A well-structured affidavit addresses every element the court considers — and a poorly structured one can result in adjournment or refusal.
What is an affidavit?
An affidavit is a written statement of facts that you swear (on oath) or affirm (without religious oath) to be true. It is signed before an authorised person — typically a lawyer, Justice of the Peace, or court registrar.
Because it is sworn evidence, the contents carry legal weight. False statements in an affidavit can lead to perjury charges.
Important: Any person who swears an affidavit in support of your application (employer, family member, medical professional, or other supporting person) should expect to attend the hearing so the judge and police prosecutor can ask them questions. The only exception is where the police agree beforehand that their attendance is not required.
Recommended structure
1. Introduction (who you are)
The opening paragraph identifies you and sets the context:
- Your full name, age, and occupation
- Where you live
- That you make the affidavit in support of your limited licence application
- The date and nature of your disqualification or suspension
2. Employment or business (why you need to drive)
This is typically the largest section. Cover:
- Your employer's name, your role, and how long you have held the position
- What your duties involve — specifically the driving-related tasks
- How frequently you need to drive and the routes or areas involved
- Whether a company vehicle is provided or you use your own
- For self-employed applicants: what the business does, how long it has operated, and what percentage of work requires driving
3. Hardship (what happens without the licence)
Set out the specific consequences of not having a licence:
- Risk of job loss — has your employer indicated this? In what terms?
- Financial impact — what is your income, and how much would you lose?
- Impact on dependants — who relies on you for transport, and for what?
- Impact on medical treatment — any appointments you cannot attend without driving?
- Alternative transport — what have you tried, and why does it not work?
4. Transport alternatives (what you have explored)
The court expects you to show you have considered alternatives before seeking a limited licence:
- Public transport options in your area and why they are insufficient
- Carpooling arrangements and why they do not cover your needs
- Taxi or ride-share costs and why they are not sustainable
- Cycling or walking and why the distances are impractical
5. Proposed conditions (what you are asking for)
Set out the conditions you are seeking:
- Days — which days of the week (e.g. Monday to Friday)
- Times — specific hours (e.g. 6:00 am to 6:00 pm)
- Purpose — what the driving is for (work, medical, education)
- Area — the geographical boundary (reference your boundary map)
- Vehicle — the vehicle you will drive (registration, type)
6. Acknowledgement and undertaking
Close with:
- Acknowledgement of the seriousness of the offence
- Commitment to comply strictly with the limited licence conditions
- Understanding that breach of conditions is a criminal offence
Formatting guidelines
- Numbered paragraphs — the court expects affidavits in numbered paragraphs for easy reference
- First person — "I am employed at..." not "The applicant is employed at..."
- Plain language — avoid legal jargon. State facts clearly and simply
- Past tense for events, present tense for current circumstances — "I was disqualified on..." but "I am currently employed at..."
- Specific dates and figures — "I earn $1,200 per week" not "I earn a reasonable salary"
Common mistakes
- Too vague — "I need to drive for work" without specifics about what, when, and where
- Argumentative — the affidavit should state facts, not make legal arguments
- Irrelevant personal history — the court does not need your full life story
- No mention of alternatives — failing to explain why alternatives are inadequate
- Inconsistent with other evidence — your affidavit and the employer affidavit should tell the same story
- Not sworn — an unsigned or unsworn affidavit has no legal effect
Length
Most effective limited licence affidavits are 2–4 pages (approximately 1,000–2,000 words). The judge needs enough detail to make a decision, but will not appreciate excessive length on straightforward points.