Employer Affidavits for Limited Licence Applications

A sworn employer affidavit confirming that you will lose your job without a licence is typically the single most important piece of evidence in a limited licence application. The court needs specific, credible, sworn confirmation from your employer — not just your own assertion that driving is essential to your work. An unsigned letter is generally not sufficient.

Why a sworn affidavit matters

Under section 105, the most common basis for a limited licence is extreme hardship through loss of employment. The court needs to be satisfied that:

1. Your job genuinely requires driving
2. You will face serious consequences (termination, reduction in duties, loss of income) without a licence
3. No reasonable alternative to driving exists for your role

Your employer is the person best placed to confirm these facts. A sworn affidavit provides third-party verification that carries legal weight — the deponent is making the statements on oath, which means the court can rely on them as evidence. An unsigned letter on company letterhead, by contrast, is not sworn evidence and judges are entitled to give it little weight.

What to include in the affidavit

A strong employer affidavit should address each element the court considers:

1. Your role and duties

• Your job title and a description of your day-to-day duties
• How long you have been employed
• Whether your position is full-time, part-time, or casual

2. Why driving is essential

• The specific driving tasks your role requires (site visits, deliveries, travel between locations, transporting goods or equipment)
• How frequently you need to drive (daily, multiple times per day, weekly)
• The routes or areas you cover
• Whether a company vehicle is provided or you use your own

3. Consequences of losing the licence

• Confirmation that your position is at risk if you cannot drive
• Whether redeployment to a non-driving role is possible (and why it is not, if that is the case)
• Impact on the business if you cannot perform your driving duties
• Any steps already taken to accommodate the situation (temporary arrangements, additional transport costs)

4. No reasonable alternative

• Whether public transport covers your work routes
• Whether other employees could take on the driving duties (and why they cannot)
• Whether remote work or schedule changes could substitute for driving (and why they cannot)

Why a letter is not enough

An unsigned letter on company letterhead — even a detailed one — is not sworn evidence. The court cannot treat it with the same weight as an affidavit because:

• The author has not sworn to the truth of the contents
• There is no legal consequence for inaccuracy
• It cannot be tested or relied upon in the same way as sworn evidence
• Judges may disregard it entirely, particularly if the police prosecutor raises the issue

In practice, a letter alone may be accepted in some uncontested cases, but relying on one is a risk. If the prosecutor queries the evidence or the judge wants more, you will face an adjournment. The safer and more professional approach is to file a proper sworn affidavit from the outset.

How to get the employer affidavit sworn

The process is straightforward:

1. Draft the affidavit — either the employer writes it themselves, or a lawyer prepares it based on information from the employer
2. Review the contents — the employer reads and confirms everything is accurate
3. Swear or affirm — the employer signs the affidavit in front of an authorised person (lawyer, Justice of the Peace, or court registrar)
4. File with the court — the sworn original is filed with the application

Your employer will need to attend the hearing so the judge (and the police prosecutor) can ask questions about the affidavit. The only exception is where the police agree beforehand that employer attendance is not required — this sometimes happens in uncontested applications, but you should not assume it. Plan for your employer to be present unless confirmed otherwise.

This principle applies to any person who provides a supporting affidavit — not just employers. If a family member, medical professional, client, or other supporting person swears an affidavit, they should also expect to attend the hearing unless the police agree otherwise.

Template structure

A typical employer affidavit follows this structure:

1. Opening — identify the writer, their position, and the company
2. Employment details — role, start date, hours, contract type
3. Driving requirements — what, when, where, how often
4. Consequences — what happens if the employee cannot drive
5. Alternatives considered — why redeployment or other arrangements will not work
6. Closing — confirmation that the information is true and offer to provide further details

Common mistakes

• Filing a letter instead of an affidavit — the single most common mistake. Get it sworn.
• Too vague — "John needs to drive for work" is not enough. The court needs specifics.
• Written by the applicant — the employer must write or at least verify the affidavit themselves. An affidavit clearly drafted by the applicant and merely signed by the employer will be viewed sceptically.
• No mention of consequences — saying driving is required without explaining what happens without it
• Ignoring alternatives — the court will ask why the applicant cannot use public transport or be redeployed. Address this proactively in the affidavit.
• Not sworn properly — the affidavit must be signed in front of an authorised person. An unsigned or improperly witnessed affidavit has no legal effect.

Multiple employers

If you work for more than one employer and need to drive for each, include a sworn affidavit from each employer. The court can grant limited licence conditions covering multiple workplaces — but each needs separate documentation.

The conditions will specify the days, times, and routes for each workplace separately.