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Work licence,Hervey Bay— keep driving for work after a drink or drug driving charge

If you’ve been charged with a low or mid range drink or drug driving offence — a reading under 0.15 — a work licence (restricted licence) can let you keep driving for work while you’re disqualified. It’s heard at Hervey Bay Magistrates Court, and you must apply before you’re sentenced: plead guilty first and the chance is gone.

Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 11 July 2026

$2,990

fixed fee, quoted in writing

98%+

work licence success rate

Under 0.15

low & mid range only

Before court

apply before you’re sentenced

Charged with drink or drug driving? Find out if you can keep driving for work — free.

Leave your name, phone and email and we’ll call you back around 15 minutes during office hours — 7am–7pm, 7 days.

4.9 from reviews on Google

Your court

Hervey Bay Magistrates Court

26 Queens Road, Pialba, Pialba QLD 4655 — the main Magistrates Court for the Fraser Coast. Work licence applications are heard here with your drink or drug driving charge. The registry is open 8:30am–4:30pm weekdays.

Our office

Unit 3, 6 Liuzzi St, Pialba

Lakeside Office Park — near this court. Meet us here, by phone, or at court on the morning. Phone 07 4408 6717.

Your lawyer

Steven, Russell or Will

Your work licence application is drafted and argued by one of our Hervey Bay regulars — Steven, Braden or Jacob. The lawyer who prepares your affidavit is the one who appears beside you at Hervey Bay Magistrates Court.

If you’ve been charged anywhere around Pialba, Scarness, Torquay, Urangan, Point Vernon, Kawungan, Urraween or Eli Waters, your drink or drug driving charge — and your work licence application — is heard at Hervey Bay Magistrates Court, 26 Queens Road, Pialba. Your work licence is applied for at the court where the charge is listed. Not sure where yours is? Call us and we’ll confirm it in a minute.

The honest picture

Who a work licence is for

A work licence (properly a restricted licence) lets you keep driving for work during the disqualification that follows a drink or drug driving conviction. It’s only for low and mid range charges — a reading under 0.15 — and it has to be applied for before you’re sentenced. It’s a different thing to a special hardship order, which is for demerit-point and high-speed suspensions.

What it does

Keeps you driving for work

A drink or drug driving conviction means an automatic disqualification. A work licence lets you keep driving strictly for work purposes during that period — so you keep your job and your income — on conditions the magistrate sets.

When to apply

Before you are sentenced

The application must be filed and decided before you plead guilty and are sentenced for the drink or drug driving charge. Once you’re convicted without one, it’s too late — so getting advice early is everything.

You can't get a work licence if…

Your reading was 0.15 or over (high range), or it was a DUI or a refusal · you were on a P-plate or learner licence · you held no licence · you’ve been convicted of drink/drug driving or disqualified in the last 5 years · you were driving for work at the time in some cases.

The eligibility rules

You held an open Queensland licence when charged · reading under 0.15 · no drink/drug conviction or disqualification in the last 5 years · you’re a fit and proper person · and losing your licence would cause you or your family extreme hardship — usually loss of income.

Check in 30 seconds

Can you get a work licence?

Answer four quick questions and see roughly where you stand. This is general guidance, not a guarantee — the affidavit and how it’s argued are what win a work licence.

Apply before you're sentenced.

A work licence has to be granted before you’re convicted. Plead guilty without one and you lose the chance — so get advice early.

General guidance only, not legal advice. Confirm your answer with a lawyer on 1300 952 255, free.

Answer four quick questions

1. Did you hold an OPEN Queensland licence when charged (not P-plates or learner)?

2. Was your reading under 0.15 — a low or mid range drink/drug charge (not high range, DUI or refusal)?

3. In the last 5 years, are you free of any other drink/drug driving conviction or court disqualification?

4. Would losing your licence cost you your job or income (or cause your family severe hardship)?

Diving deeper

Want the full picture on work licences?

Steven has written a complete guide to work licences in Queensland — who qualifies, what the application must prove, and the mistakes that see people convicted without one. Here’s the short version.

What it covers

Low and mid range drink or drug driving only — a reading under 0.15. High range (0.15+), DUI and refusals can’t get a work licence; demerit-point and high-speed suspensions need a special hardship order instead.

What the court must find

You’re a fit and proper person having regard to the safety of other road users, and losing your licence causes extreme hardship (to your income). Mere inconvenience is never enough.

How to strengthen it

A properly drafted affidavit — yours and your employer’s — is the whole case. Completing a QTOP course before court helps too; we’re a proud sponsor.

Facts & myths

You must apply before you’re sentenced — miss that and it’s gone. A work licence is strictly for work driving. Driving outside its conditions is a fresh offence. Getting the application right the first time is everything.

When a work licence applies

A work licence (a restricted licence under s 87 of the Transport Operations (Road Use Management) Act) applies to low and mid range drink or drug driving — a reading under 0.15. It must be applied for at the Magistrates Court hearing your charge, before you’re sentenced. High range, DUI and refusals don’t qualify; demerit-point and high-speed suspensions need a special hardship order instead.

What the court must be satisfied of

Two things: that you are a fit and proper person to hold a work licence, and that refusing it would cause extreme hardship by depriving you of your means of earning a living. Inconvenience — or simply finding it hard to get or drive for work — is never enough on its own, which is why how the application is framed matters so much.

The affidavit is the whole case

The application is decided largely on affidavit material — yours, and usually your employer’s — so a properly drafted affidavit that sets out the hardship clearly and credibly is the whole case. We’ve run thousands of these applications; completing a QTOP course before court (4 days, we’re a proud sponsor) and preparing genuine supporting material further strengthens it.

If it's refused, and the conditions

The application must be made before you’re sentenced — once you’re convicted without one, the chance is gone. If granted, the work licence comes with strict conditions on when and why you can drive (work purposes only); breaching them is a fresh offence, so understanding the conditions is as important as getting the licence.

General information only, not legal advice. Every matter turns on its own facts — call 1300 952 255 for free, specific advice.

What we actually do

How we get your work licence approved

The affidavit is the whole application — get it wrong and the court simply won’t grant it. This is what we do differently.

We draft every affidavit properly

Yours, and your employer’s if you’re employed. Not a letter, not a statutory declaration — a signed affidavit covering everything the legislation requires: your work, your hours, your finances, and why no other transport option works

01 We recommend the things that sway a magistrate

A QTOP course often makes the difference in these applications — we’re a proud sponsor, and we’ll tell you if it will help yours.

02 We deal with the police prosecutor before court

Your material is filed and served on the police prosecutor in advance. We address any concerns they raise so there are no surprises on the day.

03 We file at the right court, first time

For the Scenic Rim, that’s Beaudesert Magistrates Court, cnr William & Anna Streets. Your application must go to the court with jurisdiction over where you live, not just the closest one — we confirm it before filing.

04 We argue for the work conditions you need

Every day and hour you work, and every vehicle class your job requires — argued for specifically, not left to chance. A work licence is for work driving only; it can’t be used for personal trips.

05 We stand with you in court

Your lawyer appears beside you, speaks to the magistrate, and answers the prosecutor’s position — you don’t face it alone or unprepared.

06

All of it included in the $2,990 fixed fee — quoted in writing before you commit.

Steven Brough · Founder · Queensland Law Society member · 25+ years in Queensland courts

Meet the founder

Nobody in Queensland has done more of these

Steven founded the firm in 2010, and work licence applications have been part of the practice from day one. We’ve kept thousands of Queenslanders driving for work after a drink or drug driving charge, right across South East Queensland.

He’s built the approach every lawyer here uses: know exactly what the legislation requires, draft the affidavit so nothing is left for the magistrate to question, and be in the room to answer whatever comes up. Because you only get one shot — before you’re sentenced — that preparation is everything.

Firm founded 2010

1000s of work licences

QTOP sponsor

2 minutes — what the court actually needs to see, straight from Steven

When you ring 1300 952 255

A real person, who actually helps — not a call centre

Call us and you’ll speak with Belinda or Sara — no scripts, no queue, no being passed around. Belinda has 24 years in the legal industry and has taken thousands of these calls; the first thing she’ll do is put you at ease.

She listens first

Tell her about your charge and your reading, and what you’re worried about losing.

Straight answers, free

Whether you’re likely to qualify, what the court will want to see, and what it would cost — at no charge, no obligation.

Straight to a lawyer

If you want us to act, your details go straight to the lawyer who’ll draft your affidavit and appear with you.

No pressure to sign

Just want information? That’s fine too — you won’t be hassled either way.

7am–7pm, 7 days · or request a phone conference

Belinda Smyth · Director & Client Services Manager · 24 years in the legal industry — she and Sara take your calls

Your local court

Hervey Bay Magistrates Court — where your application is heard

Work licence applications for the Fraser Coast are heard together with your drink or drug driving charge at Hervey Bay Magistrates Court, 26 Queens Road, Pialba. It’s the main court for the Fraser Coast — and the bench our lawyers appear before regularly, which is exactly why we know what a magistrate here wants to see.

Where it is

26 Queens Road, Pialba, Pialba QLD 4655. Several courtrooms serving the Fraser Coast region. The registry is open 8:30am–4:30pm weekdays.

Parking & getting there

There’s free and metered street parking around Queens Road plus parking at Stockland Hervey Bay. Allow time to clear security screening at the entrance.

When it sits & what to expect

Hervey Bay Magistrates Court sits Monday, Wednesday, Thursday and Friday, with a shorter list on Tuesday. A work licence application is heard together with your drink or drug driving charge — aim to arrive by 8:30am, and your lawyer will meet you, speak to the police prosecutor, and appear beside you when your matter is called.

Hervey Bay Magistrates Court, 26 Queens Road, Pialba, Pialba.

So you know exactly what's coming

What happens in court on the day

01 Arrive 30 minutes early

At Hervey Bay Magistrates Court, all your material should already be filed and served. Find your courtroom and wait outside it.

02 Speak to the police prosecutor

Confirm who you are and that you’re applying for a work licence with your plea, and check they have all your affidavits. They’ll indicate whether they oppose the application, and why.

03 Your matter is called

Stand at the far left of the bar table. Tell the magistrate you’re applying for a work licence, addressing them as “Your Honour” — then you’ll be asked to sit.

04 The prosecutor states their position, then you're heard

The magistrate reads your affidavits and asks questions, giving you the chance to explain why the application should be granted.

05 Conditions are set — or it's refused

If granted, expect conditions: set days and hours, passenger restrictions, a logbook, or wearing a work uniform while driving. You then re-register the licence with Queensland Transport before driving again.

From our clients

Kept on the road, kept in work.

Every review here is a 100% authentic Google review.

4.9 on Google

“Jacob pruden represented me on a mid range charge. Very professional and helpful on getting the paperwork right for the work licence application, and in the courtroom it was very apparent he is highly experienced. Very happy with the result and if you require representation I would highly recommend.”

rob tyler — Google review

“I appreciated having Russell appear for me in court in regards to my DUI charge. He was very professional and made attending court a lot less stressful. Clarity Law also charged a lot less than other businesses.”

Jason Sproule — Google review

“Clarity Law were great to deal with, Jacob was well prepared for the day and we had a really good outcome. Highly recommended.”

Dan Mcilwraith — Google review

“Jacob did an excellent job representing me. He was professional, clear, and handled everything with confidence from start to finish. I always felt like I was in good hands, and the outcome was great. Highly recommend his services.”

Che — Google review

“Thanks to Jacob & Braden @Claritylaw for helping us navigate the Magistrates Court during a difficult time. They helped us achieve the best possible outcome for a reasonable fee.”

Justin Zehner — Google review

First time dealing with this?

The terms you'll hear, in plain English

Work licence (restricted licence)

The court order that lets you keep driving for work during a drink or drug driving disqualification, on set conditions.

Section 87

The section of the Transport Operations (Road Use Management) Act a work licence is applied for under.

Disqualification period

The time you’re off the road after a drink or drug driving conviction — the period a work licence lets you keep working through.

Adjournment

A sworn written statement — the core document the court decides your application on. A letter or statutory declaration isn’t good enough.

Extreme / severe hardship

The legal test the court applies — losing your licence must cost you your income, or cause severe, unusual hardship. Inconvenience alone isn’t enough.

Special hardship order

A different application — for demerit-point or high-speed suspensions, not drink or drug driving.

Restricted (work) conditions

The conditions on your work licence limiting you to work driving — hours, purposes, and often a logbook.

Bar table

The long table facing the magistrate where you stand to make your application, with the prosecutor on the other side.

Logbook condition

A common work-licence condition requiring you to record every trip — check yours before you drive.

Frequently asked questions

What people ask us about work licences

Anything else — the call is free: 1300 952 255., 7am–7pm, 7 days.

How do I know which court to file the application in?

Your work licence is applied for at the same Magistrates Court that hears your drink or drug driving charge. For the Fraser Coast — around Pialba, Scarness, Torquay, Urangan, Point Vernon, Kawungan, Urraween or Eli Waters — that’s Hervey Bay Magistrates Court, 26 Queens Road, Pialba. Not sure where your charge is listed? Call us and we’ll tell you in a minute.

Is a work licence the same as a restricted licence?

Yes — “restricted licence” is the legal term for a work licence; they’re the same thing. It’s different from a special hardship order, which is for demerit-point and high-speed suspensions, not drink or drug driving.

Do I really need a lawyer?

You’re free to represent yourself, but a work licence turns on a properly drafted affidavit and being able to answer the magistrate. Get it wrong and you’re convicted without one — the difference between keeping your job or not.

Can I appeal if it's refused?

No — there is no appeal from a refusal, and you generally can’t simply reapply. That’s why the application has to be right the first time, which is exactly what we prepare you for.

Is there a time limit to apply?

Yes — critically, a work licence must be applied for and granted before you are sentenced. Plead guilty and get convicted first, and it’s too late. Get advice as soon as you’re charged.

Does my employer have to know?

If you’re employed (not a contractor or business owner), yes — they need to sign an affidavit confirming you’d lose your income without the licence. Self-employed? You won’t need an employer’s affidavit, but your own must cover your business, income and expenses in just as much detail.

Will I be able to drive exactly as normal?

No — the court sets specific days, hours and purposes. Personal driving beyond work is hard to get approved unless there’s a strong, specific reason (e.g. essential medical appointments).

What if my circumstances change afterward?

You can apply to the court to vary your order — a new job, new hours or new address doesn’t mean starting again from scratch.

What if I drive outside the conditions?

You’ll lose the work licence for whatever time was left, be disqualified again, and likely be fined and back in court. Only ever drive within the conditions.

How much does it cost?

A fixed $2,990 — drafting your affidavit and your employer’s, advice on helpful courses, and appearing with you in court. Quoted in writing before you commit.

“Very professional and helpful getting the paperwork right for the work licence application, and in the courtroom it was very apparent he is highly experienced. Very happy with the result.”

rob tyler — Google review

Charged with drink driving?

Call now — free advice on whether you qualify for a work licence in the Scenic Rim, before you plead.

4.9 on Google

Your questions answered

Ask our assistant about a work licence in Hervey Bay — any time.

Instant answers on eligibility, the affidavit, court process and conditions — trained on Steven’s guides. For advice on your situation, it hands you straight to a human.

Our team

The lawyers who'll stand beside you

Every matter is run by a lawyer who appears in these courts constantly — the person you speak to is the person at the bar table.

Steven Brough

Founder & Principal

Russell

Senior lawyer

Jacob Pruden

Senior lawyer

Will

Lawyer

Sarah

Lawyer

Ryan

Lawyer

Braden

Lawyer

Sitting days & the list

The court sits Monday, Wednesday, Thursday and Friday with a shorter list on Tuesday — so your listing day matters, and an adjournment can mean a longer wait than at a daily court. We confirm your listing day the moment we take your matter on.

Getting there on the day

Free and metered street parking around Queens Road usually has space if you arrive by 8:45am, with Stockland Hervey Bay a short drive away as backup. Our Pialba office on Liuzzi Street is minutes from the court if you want to meet first.

Who this court serves

The Fraser Coast’s traffic matters run through here — Pialba, Scarness, Torquay, Urangan, Point Vernon, Kawungan, Urraween, Eli Waters and Nikenbah — with Maryborough matters heard at its own heritage courthouse.

If you’ve been charged anywhere around Bundaberg Central, Bargara, Kepnock, Avoca, Norville, Kalkie, Walkervale or Branyan, your drink or drug driving charge — and your work licence application — is heard at Bundaberg Magistrates Court, 44 Quay Street. Your work licence is applied for at the court where the charge is listed. Not sure where yours is? Call us and we’ll confirm it in a minute.