Damon Mcknight
Driving licences in Australia are issued by the states and territories, and each state follows different legislation in relation to driving offences. However, all states are interconnected through an Australian road rules agreement and a demerit point scheme. This means that if you commit an offence in one state, it will be identified if you move to another state and apply for a licence transfer or a new licence. For example, if you accumulate 12 demerit points and your licence is suspended in Victoria, this would be flagged if you moved to New South Wales, where the demerit point limit for an unrestricted licence is 13 points. While there is a national standard for transmitting offence penalties and suspensions to other jurisdictions, the process of transferring demerit points between states is not automated and relies on paperwork being manually processed by the relevant authorities.
| Characteristics | Values |
|---|---|
| States with different demerit point limits | Victoria (12 points), NSW (13 points for unrestricted licence, 14 points for professional driver) |
| States with different driving age | Australian Capital Territory (17 years) |
| States with different rules for 'A' condition holders | Tasmania, Victoria, Queensland, Western Australia |
| States with different rules for P-plate drivers | WA (two classes of driver's licence) |
| States with different rules for newly fully-licensed drivers under 25 | Northern Territory (no two-stage provisional licences) |
| States with different rules for licence holders under 25 | If a P1 licence is disqualified by a court, the holder is restricted to one passenger for 12 months after regaining their licence |
| States with different rules for learners | Learners must be at least 17 years old and have held a learner licence for at least six months to apply for a provisional licence |
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What You'll Learn
Differences in demerit points between states
In Australia, demerit points are incurred when a driver is caught breaking traffic rules. The number of demerit points depends on the type and severity of the offence, and these points are added to the driver's record. Demerit points can be accumulated anywhere in Australia, and the specific offences that result in demerit points are consistent across the country. However, the limit and number of demerit points that result in licence suspension or refusal vary between states. For example, in Victoria, accumulating 12 demerit points may put your licence at risk, whereas in NSW, the limit for an unrestricted licence is 13 points.
Each state has its own legislation regarding driving offences, but they are interconnected through an Australian road rules agreement and a demerit point scheme. This means that if a driver commits an offence in one state that results in demerit points, that information will be transmitted to the relevant licensing office in their home state. Additionally, if a driver's licence is suspended or disqualified in one state, it is an offence to drive in any other state, as this information is shared across jurisdictions.
Some states, like New South Wales (NSW), have implemented trials to encourage safe driving behaviours. During these trials, eligible drivers who maintain an offence-free record may have a demerit point removed from their record. Other states may offer defensive driving courses to help drivers reduce their accumulated demerit points and promote road safety.
It is important to note that demerit points remain on a driver's record permanently, even if they are considered "inactive" after a certain period (usually three years). These inactive demerit points can still be accessed and may result in more severe punishments if the driver commits another offence.
To help drivers keep track of their demerit points, most Australian states provide online platforms such as "Check My Demerit Points WA." These platforms allow drivers to monitor their points, avoid further additions, and verify if there are any offences on their licences.
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Driving with a suspended/disqualified license in another state
In Australia, driving with a suspended or disqualified licence is an offence in every state and territory. This applies even if you are driving in a state where you have not been disqualified or suspended. If you are pulled over by the police, you can be charged.
Each state and territory follows different legislation regarding driving offences, but they are all interconnected through an Australian road rules agreement and demerit point scheme. This means that if you commit an offence in one state that results in a suspension or disqualification, it will be identified if you try to apply for a licence transfer or a new licence in another state. For example, if your licence is suspended in Victoria and you move to South Australia, this would be flagged when you attend the licensing office.
The limit and number of demerit points for offences differ among the states. For example, an offence in Victoria that puts your licence at risk for accumulating 12 demerit points may not result in a suspension if you move to NSW, where the limit for an unrestricted licence is 13 points. However, this would need to occur before any suspension or disqualification was incurred, which would be challenging to facilitate.
If your licence is suspended or disqualified in one state, there may be a delay before the roads authority in your home state is notified due to the appeal period, which is usually 30 days. However, this does not change the fact that driving with a suspended or disqualified licence in any state is an offence.
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The National Drivers' Licence Scheme (NDLS)
In Australia, the National Drivers Licence Scheme (NDLS) was established in 1997 to implement a uniform set of requirements for issuing, varying, renewing, suspending, and cancelling licences. The NDLS ensures that driving offences, such as those that attract demerit points, licence suspensions, or disqualifications, are transmitted to the relevant licensing office and apply across all jurisdictions. This means that if a driver commits an offence in one state, it will be identified and enforced if they attempt to obtain a licence transfer or a new licence in another state. For example, if a driver is suspended from driving in Victoria and moves to South Australia, their suspension will be flagged when they apply for a new licence.
While each state and territory in Australia have their own legislation regarding driving offences and demerit point limits, the NDLS ensures that offences are recorded and enforced across jurisdictions. This helps to prevent drivers from evading the consequences of their actions by simply moving to another state. For instance, if a driver commits an offence in Victoria that results in 12 demerit points and the loss of their licence, they cannot circumvent this by moving to NSW, where the demerit point limit is slightly higher at 13 points for unrestricted licences and 14 points for professional drivers.
The NDLS also includes a demerit point register and the transmission of offence penalties to home jurisdictions. This allows for the uniform implementation of suspensions, disqualifications, and cancellations across all states and territories. The Australian Transport Council (ATC) approved a framework for a national model regulation of driver licensing in 1999, which was subsequently implemented by Victoria and all other states. This framework ensures consistency and fairness in the application of the NDLS.
To support the NDLS and maintain accurate records, Australia also has a Nationally Coordinated Criminal History Check (ncchc) system. This system records an individual's pending charges, sentences, court orders, and findings of guilt within Australia and the commonwealth jurisdiction. While some less "serious" offences may be omitted from the check due to differences in state legislation, all significant offences are disclosed. This background check is commonly used by employers to assess an applicant's suitability for a role, particularly in positions requiring a high level of trust, such as working with children or in aged care.
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Interstate demerit points systems
In Australia, demerit points can be incurred for traffic offences committed anywhere in the country, including interstate. Demerit points are never removed from your driving record and remain indefinitely. While each state and territory follows different legislation in relation to driving offences, all are interconnected through an Australian road rules agreement and demerit point scheme. This means that if you commit an offence in one state, the demerit points will be identified if you move to another state and apply for a licence transfer or a new licence.
The limit and number of demerit points for offences differ among the states. For example, in Victoria, accumulating 12 demerit points puts your licence at risk, whereas in New South Wales (NSW), the limit for an unrestricted licence is 13 points and 14 points for professional drivers. In South Australia, accumulating 12 or more demerit points within a three-year period may result in disqualification from holding a driver's licence. In Queensland, if you receive 12 or more demerit points within a three-year period while holding an open licence, you will receive a licence sanction notice.
Some states, like Queensland, have double demerit points in place all year round, which means that the number of demerit points for certain offences is doubled. Additionally, during holiday periods, some states like NSW may implement double demerit points for offences committed in school zones.
It is important to note that if your driver's licence has been suspended or disqualified in any state in Australia, you cannot drive in another state. Driving with a suspended or disqualified licence in any jurisdiction is considered an offence.
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Demerit points for unrestricted licences
In Australia, demerit points are penalty points received for committing certain driving offences. All drivers start with zero demerit points, and by driving safely and following the rules, one can maintain a clean record. Demerit points can be accrued anywhere in Australia, and the limit and number of demerit points for offences differ among the states. For example, in South Australia, accruing 12 or more demerit points within a 3-year period will result in disqualification, while in New South Wales (NSW), the limit for an unrestricted licence is 13 points.
In Western Australia (WA), demerit points are linked to penalties for a range of traffic offences. If a driver accrues more than their permissible number of demerit points, they will be notified and required to attend a Driver and Vehicle Services (DVS) centre. WA has a unique policy where demerit points accrued in another Australian jurisdiction do not transfer to a WA driver's licence. However, this only applies if the individual has permanently moved to WA from another state or territory and not if they reside overseas.
In South Australia, demerit points work similarly to other states, and double demerit points for a single offence do not exist. Drivers can access their official driver's licence report, including demerit points, through their mySAGOV account for a fee.
It is important to note that even if an offence resulting in demerit points is committed in one state, that information will be transmitted to the relevant licensing office in the state where the driver resides. This is facilitated through the National Drivers' Licence Scheme (NDLS) established in 1997, which ensures a uniform set of requirements for issuing, varying, renewing, suspending, and cancelling licences across Australia. Additionally, each state makes it clear that driving with a suspended or disqualified licence, whether in the same jurisdiction or interstate, is an offence.
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Frequently asked questions
If you commit an offence that attracts demerit points or a licence suspension/disqualification, that information will be provided to the relevant licensing office in the state that you are moving to. If you move before accepting responsibility for the infringement, you may be able to keep your licence if your new state has a higher demerit point limit. However, this would need to occur before any suspension or disqualification was incurred.
All states are interconnected through an Australian road rules agreement and demerit point scheme. If you commit an offence that attracts demerit points, a suspension, or disqualification, this will be identified when you apply for a licence transfer or a new licence in another state.
The NDLS is a uniform set of requirements for issuing, varying, renewing, suspending, and cancelling licences, implemented under the Australian Transport Council (ATC) in 1997. The NDLS includes a demerit point register and the transmission of offence penalties to home jurisdictions.
It is an offence in each state and territory of Australia to drive with a suspended or disqualified licence, whether that suspension or disqualification was incurred in the current state or another.
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