Appeal your medical suspension

Instructions: Instructions for completing an Application notice – Appeal against decision of TfNSW (Licence appeal) - medical grounds suspension

Sample: Sample Application Notice – Appeal against decision of TfNSW (Licence appeal) - medical grounds suspension

You will need to complete an:

• Application Notice - Appeal against decision of RMS (Licence appeal).

You can do this:

• through the Online Registry, or
• by filing a paper form.

You can get a blank copy of this form from:

• your nearest Local Court registry, or
• the Forms page on the Local Court website.

Once you have completed your form, you must file it at a Local Court registry and pay the filing fee.

You can file your completed form at any Local Court in NSW:

• in person
• by post
• by fax
• by email.

You should send your form to the Courts postal address, not the street address. You can find the Courts postal address on the Court locations, listing and sitting arrangements page on the Local Court of NSW website.

If you file your form by post, fax, or email, it won’t be processed until you have paid the filing fee.

If you are experiencing financial hardship, you may be able to apply to have your fee postponed, waived, or remitted. 

If you are granted a fee waiver or postponement, you must file your form in person or by post. You can’t complete your application through the Online Registry.

For more information, see Fees on the Local Court of NSW website.

Once the registry has processed your form, it will notify you of the date when your appeal will be heard. This will likely be several weeks or months away.

If you don’t attend court on this date, the Court may dismiss your appeal or hear it without you being there.

You will need to provide evidence to support your licence suspension or cancellation appeal. 

If you want to show that you meet the medical standards or that you are fit to drive, you will need to provide the Court with medical evidence. 

When you go to court, you should take the original and three copies of any documents you intend to show the court. The original will be kept by the court. You will need to give one copy to the prosecutor, keep one for your records and have a spare.

If you need help deciding what evidence you can use, you should get legal advice. 

If you need an interpreter at court, you should notify the Court at least two weeks before your appeal. The Local Court provides free interpreters in criminal cases. For more information, see Translators and interpreters on the Local Court of NSW website.

Arriving at court

You should arrive at court at least 30 minutes early. This will give you time to go through security and find your courtroom. 

If you think you are going to be late, you should ring the court registry and let them know. If you are not at court when your name is called, the Court may decide your case without you.

Find your courtroom

You can find your courtroom on:

• the court lists at the courthouse
• the Search NSW Court and Tribunal Lists on the NSW Online Registry.

For information about how to find your courtroom, you should watch the video below.

Once you have found your courtroom, you can take a seat in the public gallery, or, if the courtroom is full, you can wait outside. There are often many cases listed on the same day and you will have to wait until your name is called. You could be at court for just a few hours or most of the day, so you should make arrangements with your work or childcare if necessary.

If you wait outside, make sure you stay close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when your name is called, your case can be decided without you.

The courtroom may be closed for morning tea (usually around 11:30am) and for lunch (usually from 1:00pm to 2:00pm). You will have to leave the courtroom during these breaks. You can check with the court officer or the registry what time the courtroom will reopen.

Before entering the courtroom

Before entering the courtroom:

• remove your hat and sunglasses from your head
• stop eating or drinking
• turn your mobile phone off or put it on silent.

When your name is called, you can stand at the table at the front of the courtroom facing the Magistrate (bar table). 

The Magistrate may ask you if you have anything to show the Court to support your appeal. If you have brought references and other documents, you should give these to the court officer to give to the Magistrate. The prosecutor may look at them first.

The Magistrate will then ask you to explain your case. This is also called making submissions. You could start by explaining to the Magistrate:

• a brief description of your medical condition 
• why it is not dangerous for you to drive a motor vehicle because of your illness or incapacity
• that you are a fit and proper person to hold a driver licence, and allow time for the magistrate to consider any medical evidence
• your driving history, how long you have been driving, and any other offences you have committed
• why you need your licence, including if there is a risk of losing your job if you lose your licence
• what problems you will face (hardship you will suffer) without your licence
• what hardship someone else (for example, a family member) will face if you do not have your licence
• whether there is public transport that you could use.

Giving evidence

Some Magistrates may want you to give evidence. You will be asked to go into the witness box and take an oath or affirmation (promise to tell the truth). The Magistrate will then ask you questions. The prosecutor or the person representing TfNSW may also ask you some questions.

After the Court has heard your appeal, it may:

• lift your suspension
• vary your suspension - decrease or increase the length of your suspension
• vary TfNSW's decision, for example, give you a conditional licence
• dismiss your appeal and confirm your suspension.

If the Court lifts your suspension, you will get your licence back. 

If the Court dismisses your appeal, your licence will remain suspended. You can’t appeal the Court’s decision.  

If your appeal is unsuccessful, the Court order you to pay the legal costs of TfNSW, although this is very rare.

For more information, see Costs in fine cases.