Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) A court may make a special hardship order only if the court is satisfied--
(a) the applicant for the order 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
(b) a refusal to make the order would--
(i) cause extreme hardship to the applicant or the applicant's family by depriving the applicant of the applicant's means of earning a living; or
(ii) cause severe and unusual hardship to the applicant or the applicant's family, other than by depriving the applicant of the applicant's means of earning a living; and
(c) when the order is made, the applicant holds an open or provisional licence that would be valid but for the suspension, under a relevant provision, to which the order relates.
Note--
See also sections 105 and 106 for requirements about eligibility for a special hardship order and the licence suspensions in relation to which a special hardship order may be made.
(2) For subsection (1)(b)(i), the applicant must give the following to the court--
(a) an affidavit made by the applicant outlining how the refusal to make the order would cause extreme hardship to the applicant or the applicant's family;
(b) 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 is refused.
(3) For subsection (1)(b)(ii), the applicant must give the court an affidavit made by the applicant that--
(a) outlines how the refusal to make the order would cause severe and unusual hardship to the applicant or the applicant's family; and
(b) has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of evidence, in support of each matter stated in the affidavit.