The police prosecutor has the right to make submissions on your limited licence application — including opposing it entirely or seeking narrower conditions. Understanding when opposition is likely and how to address it helps you prepare a stronger application.
The prosecutor's role
The police prosecutor reviews your application after it is served on them. Their role is to assist the court by:
- Identifying any statutory bars that may apply
- Assessing whether the hardship evidence meets the threshold under s105
- Considering whether the proposed conditions are appropriate from a public safety perspective
- Making submissions to the judge at the hearing
The prosecutor is not automatically adversarial — in many cases they will not oppose a well-prepared application.
When opposition is likely
Statutory bar applies
If the prosecutor identifies a statutory bar under s103(2), they will oppose. This includes:
- Interlock bar (s103(2)(e))
- Repeat offence bar (s103(2)(d))
- Indefinite disqualification (s103(2)(a))
- Driving while disqualified (s103(2)(c))
- Currently on interlock or zero alcohol licence (s103(2A))
If a bar applies, the court cannot grant the licence regardless of hardship. This is not really "opposition" in the discretionary sense — it is pointing out a legal impossibility.
Weak hardship evidence
If the prosecutor considers the evidence insufficient to meet the hardship threshold under s105:
- Vague affidavit without specifics
- No sworn employer affidavit or third-party confirmation
- Claims of hardship that are not documented
- Alternative transport options that appear available but are not addressed
Broad proposed conditions
Even where hardship is accepted, the prosecutor may submit that the proposed conditions are too generous:
- Driving hours broader than necessary for work
- Driving area larger than the actual work routes
- Including weekend or evening driving without justification
- Requesting conditions for purposes beyond those supported by evidence
Serious offence
For more serious offences (high readings, injury involved, aggravating circumstances), the prosecutor may oppose on public safety grounds — even if the hardship evidence is strong.
Driving record
A history of previous driving offences, previous limited licence applications, or previous breaches of limited licence conditions may prompt opposition.
Types of opposition
| Type | What the prosecutor seeks |
|---|---|
| Outright opposition | Application should be declined entirely |
| Condition-based opposition | Grant the licence but with narrower conditions |
| Adjournment request | More time needed to review the application |
| Request for further evidence | Application is incomplete — more information needed |
In practice, condition-based opposition is the most common form. The prosecutor accepts that a limited licence is appropriate but submits that the conditions should be tighter.
How to address opposition
Before the hearing
- Serve promptly — give the prosecutor enough time to review
- Strong evidence — comprehensive affidavit, sworn employer affidavit, transport research
- Reasonable conditions — do not ask for more than you actually need
- Address weaknesses — if you know a point is vulnerable, address it proactively in your evidence
At the hearing
If the prosecutor opposes, the judge will typically:
- Hear the prosecutor's submissions (their reasons for opposing)
- Give you (or your lawyer) the opportunity to respond
- Ask questions of either party
- Make a decision
Your response should:
- Address each specific point raised by the prosecutor
- Refer to your evidence that counters their concerns
- Be willing to accept modified conditions if reasonable
- Remain respectful and factual — do not argue with the prosecutor
Accepting modified conditions
Often the most practical approach is to accept reasonable modifications. If the prosecutor seeks narrower hours or a smaller driving area, and you can work within those constraints, agreeing to the modification may secure the licence more quickly than disputing the point.
If the application is declined
If the court declines the application after police opposition, you may be able to:
- Reapply with stronger evidence addressing the court's concerns
- Appeal the decision (though this is rare for limited licence matters)
- Wait until circumstances change (e.g. stand-down period passes, evidence improves)
A declined application is not the end of the road — but it does mean the court was not satisfied on the evidence presented. Addressing the specific deficiency and reapplying is usually the practical path forward.