Facing a Licence Suspension in NSW? You May Have Another Option
Receiving a suspension notice can be stressful, especially if your driver’s licence is essential for work, family responsibilities, or everyday travel. In New South Wales, some full licence holders who have exceeded their demerit point limit may be able to avoid an immediate licence suspension by electing a good behaviour licence instead.
However, this option is not available to everyone, and timing is critical because you must apply before the suspension starts. Before you accept the original suspension period or risk having your licence suspended, it is important to understand how the good behaviour period works, who is eligible, and when legal advice from trusted traffic lawyers may be worth seeking.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your circumstances, speak with a qualified lawyer – (02) 8378 8585
What is a Good Behaviour Licence NSW?
A good behaviour licence is an option that allows an eligible driver to continue driving for 12 months instead of serving an immediate suspension, provided they comply with strict good-behaviour conditions. The legal basis is found in section 36 of the Road Transport Act 2013 (NSW), which allows a person who has incurred at least 13 demerit points, or 14 demerit points for a professional driver, within a three-year period to elect to be of good behaviour as an alternative to undergoing a suspension.
In practical terms, this means that if you are an unrestricted driver and have received a notice of suspension due to excessive demerit points, you may be able to choose a 12-month good behaviour period instead of losing your licence immediately. Eligible drivers with an unrestricted NSW Driver Licence who have received a suspension notice for excessive demerit points may elect a 12-month good behaviour period.
The Legal Alternative to an Immediate Suspension
A good behaviour licence in NSW is sometimes described as a “behaviour licence” or “good behaviour election,” but it is not a free pass. It is a final opportunity to keep driving while staying under a strict demerit point threshold. If you commit another traffic offence during the period and incur 2 or more demerit points, the consequences can be far more serious than the initial suspension period.
The good behaviour period generally starts from the day your licence would otherwise have been suspended. If you are required to complete a Driver Knowledge Test (DKT), the period starts from the later of the original suspension day and the day you pass that test to the satisfaction of Transport for NSW.
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Am I Eligible for a Good Behaviour Licence in NSW?
Eligibility for a good behaviour licence in NSW is not automatic just because you have received a suspension notice. Your first step should be to carefully read the notice from Transport for NSW or Service NSW and check whether it specifically says you can apply for a good behaviour period.
You may be eligible if:
- Your suspension letter states that you can apply for a good behaviour period
- Your suspension period has not yet started, and
- You hold at least one unrestricted NSW Driver Licence.
You are not eligible if:
- Your suspension letter does not mention the good behaviour period, or
- You only hold a provisional licence or learner licence.
This distinction is important. Unrestricted licence holders may elect a good behaviour period after exceeding the demerit point limit, but learner and provisional licence holders are treated differently. If you are on your Ls or Ps, you generally cannot apply for a good behaviour licence. Instead, your pathway may involve lodging a licence appeal in an NSW Local Court.
What Happens After You Receive a Suspension Notice
After receiving a Transport for NSW suspension notice, appeal rights depend on the type of licence and suspension. Learner and provisional drivers may be able to appeal a demerit point suspension, but unrestricted licence holders generally cannot appeal a demerit point suspension.
For Transport for NSW suspensions that are appealable, the appeal must be filed before the suspension or cancellation starts. A Transport for NSW suspension appeal must be filed at least one day before the suspension is due to begin, and Transport for NSW licence and registration appeals must be filed in the Local Court within 28 days of receiving the letter.
How to Apply for a Good Behaviour Licence in NSW
If you are eligible to apply for a good behaviour licence, the most important rule is this: you must make the election before your suspension starts. An unrestricted NSW driver who has received a suspension notice for excessive demerit points may be eligible to elect a 12-month good behaviour period, but the application must be lodged before the suspension begins.
To apply, you generally need:
- an unrestricted NSW Driver Licence; and
- your notice of suspension letter.
There are two ways to apply for a good behaviour period in NSW, depending on how close you are to the suspension start date:
Apply Online If You Have at Least 2 Business Days
If there are at least 2 business days before your suspension begins, you can apply online through Service NSW. The process involves reading the conditions, selecting the online application option, logging in or continuing as a guest, and following the prompts to submit the application.
Apply in Person If Your Suspension Starts Within 2 Business Days
If your suspension is due to start within 2 business days, you need to apply in person at a Service NSW Centre and bring your supporting documents. This is why it is risky to leave the decision until the last minute. A delay of even a day can affect whether you can apply online or need to attend a service centre before the suspension date.
What Happens If Your Application Is Successful?
If your application is successful, you will receive a digital receipt straight away, a confirmation letter by post within 14 business days, and you can continue to drive as long as you comply with the good behaviour conditions.
However, this decision should be made carefully. Once you have applied for the good behaviour period, you cannot change your mind and choose the original suspension instead. In other words, the good behaviour licence may help you stay on the road, but it also carries serious consequences if you later commit a traffic offence and incur further points.
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What Are the Conditions of a Good Behaviour Licence?
The main condition of a good behaviour licence is simple but strict: during the 12-month good behaviour period, you must not incur 2 or more demerit points. Under section 36 of the Road Transport Act 2013 (NSW), if a person who has elected to be of good behaviour incurs 2 or more demerit points during the 12-month period, Transport for NSW must issue a further notice imposing a much harsher consequence.
What Does This Mean For Drivers?
For drivers, this means every offence matters. Even a minor speeding offence or mobile phone offence may be enough to breach the good behaviour period, depending on the number of points attached to the penalty. The safest approach is to treat the 12 months as a strict compliance period rather than just a warning.
Some drivers may also be required to complete a Driver Knowledge Test. When a Driver Knowledge Test is required, the good behaviour period starts only after the driver has passed the test. If the test is not passed before the suspension starts, all licences will be suspended until it is passed.
The Road Transport Act also reflects this timing. It provides that the good behaviour period runs from the day the licence would otherwise have been suspended, or, where a Driver Knowledge Test is required, from the later date when the person undertakes and passes the test to the satisfaction of Transport for NSW.
One Rule, Zero Exceptions: Stay Under Two Demerit Points for 12 Months
If you successfully complete the full 12-month period, the demerit points listed on your suspension notice are usually cleared from your licence. There are two important exceptions: if you get 1 demerit point during the 12 months, or if you have other points not listed in the notice of suspension, those points may remain relevant. If those points take you over 13 demerit points, you may receive a new notice.
This is why a good behaviour period can be both helpful and high-risk. It may allow you to keep your licence when you would otherwise be suspended, but it also requires careful driving for the entire 12-month period from the relevant start date.
What Happens if You Breach Your Good Behaviour Licence?
If you breach your good behaviour licence by incurring 2 or more demerit points during the 12-month period, the penalty is severe: your licence will be suspended for double the original suspension period. Under section 36 of the Road Transport Act 2013 (NSW), Transport for NSW must issue a further notice if a driver who has made a good behaviour election incurs 2 or more points during the good behaviour period.
| Demerit points accrued before the good behaviour election | Original period of suspension | Suspension after breach |
| 13–15 points | 3 months | 6 months |
| 16–19 points | 4 months | 8 months |
| 20 or more points | 5 months | 10 months |
These original suspension periods are set out in section 33 of the Road Transport Act 2013 (NSW), which sets the suspension period for unrestricted licence holders based on the number of demerit points incurred in the previous three years.
For many drivers, the breach happens after receiving a penalty notice for a relatively ordinary traffic offence, such as speeding or using a mobile phone while driving. The risk is that paying the fine usually means accepting the offence and the attached demerit points. If those points take you to 2 or more during the good behaviour period, the doubled suspension can follow.
Your Practical Options
There are usually two options to consider before the demerit points are recorded.
Requesting A Review
First, you may be able to request a review of the fine if you believe there has been a mistake or there are circumstances that should be considered. If a review is unsuccessful, you can then apply to have the fine heard in court.
Making A Court Election
Second, you can make a court election and have the matter dealt with by the Local Court instead of simply paying the fine. The Fines Act 1996 (NSW) gives a person the right to elect to have a penalty notice matter dealt with by a court.
If you go to court, you may plead not guilty and contest the offence, or plead guilty and ask the Magistrate to deal with the matter without recording a conviction. When deciding whether to make a non-conviction order under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court may consider factors such as your character, age, health, mental condition, the trivial nature of the offence, extenuating circumstances, and any other matter it considers proper.
Going to court is not risk-free. The court may impose a higher fine, order court costs, record a criminal conviction for some traffic offences, or impose a licence disqualification. This is why it is sensible to seek legal advice before making a court election, especially if your job, family responsibilities, or traffic record are at stake.
Can I Get a Work Licence or Drive for Work in NSW?
NSW does not offer a separate “work licence” that allows a suspended driver to keep driving only for employment. If your licence is suspended, the suspension applies to all driving, including driving to work, for work, to school, for school, for medical appointments, and for family commitments.
Driving while suspended is treated seriously. Serious penalties for driving while suspended can include licence disqualification, large fines, and imprisonment. Driving while your licence is suspended or while you are disqualified is also a driving offence that can result in heavy fines, loss of licence, and imprisonment if you are found guilty.
Your Legal Options
A legal strategy is usually to act fast before your licence is suspended. If the issue is a new penalty notice that may breach your good behaviour period, a lawyer may advise whether it is appropriate to request a review or make a court election. If the court makes a section 10 order for the offence, Transport for NSW cannot record demerit points for that offence.
A dismissal or Conditional Release Order without conviction may help a person avoid demerit points, a fine, and a criminal conviction in suitable cases. However, these outcomes are discretionary. They are generally more realistic where the offence is relatively minor, the driver has a strong explanation, there is evidence of genuine need for a licence, and the person has a favourable or improving prior traffic record.
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Breached Your Good Behaviour Licence? Talk to a NSW Traffic Lawyer Today
A good behaviour licence can be a valuable opportunity, but it is also a high-risk option. It allows eligible drivers to stay on the road, yet one further offence carrying 2 or more demerit points can result in a suspension twice as long as the original suspension.
If you have received a suspension notice, are considering a good behaviour election, have been issued a penalty notice during your good behaviour period, or are thinking about going to court, get advice before you make a decision. The earlier you act, the more options you may have.
JJ Lawyers can help you understand the risk, assess your traffic record, explain whether a review or court election may be appropriate, and represent you if your matter proceeds to court.
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