Facing a licence suspension due to demerit points or a traffic offence in New South Wales can disrupt your life, affecting your ability to work, care for family, or manage daily responsibilities. A good behaviour licence offers a critical alternative, allowing eligible drivers to avoid suspension by adhering to strict conditions. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialize in helping clients secure good behaviour licences, protecting their driving privileges and minimizing penalties.
This comprehensive guide explains how a good behaviour licence works in NSW, who qualifies, the application process, benefits, risks, and how our criminal defence lawyers in Sydney can assist. As a leading criminal law firm in Sydney, we’re committed to delivering expert support and restoring your peace of mind.
Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
What Is a Good Behaviour Licence in NSW?
A good behaviour licence is a conditional driving licence issued by Transport for NSW under Section 36 of the Road Transport Act 2013 (NSW), allowing drivers facing a licence suspension due to demerit point accumulation to continue driving under strict terms. Instead of serving a suspension (typically 3–6 months), you commit to a 12-month good behaviour period during which you must not accrue 2 or more demerit points. In 2023–2024, Transport for NSW reported over 15,000 drivers opted for good behaviour licences, with 70% successfully completing the period, highlighting its value as an alternative to suspension.
Key Features
- Purpose: Prevents immediate suspension for demerit point thresholds.
- Condition: No more than 1 demerit point can be accrued during the 12-month period.
- Consequence of Breach: Breaching the condition (accruing 2+ points) results in a double-length suspension (e.g., 6 months instead of 3).
- Eligibility: Available to most drivers facing demerit point suspensions, with exceptions for serious offences.
Legal Framework for Good Behaviour Licences
The good behaviour licence scheme is governed by:
- Road Transport Act 2013 (NSW): Section 36 outlines eligibility, application, and conditions for good behaviour licences. Section 33 governs demerit point suspensions, and Section 54 penalizes driving while suspended.
- Road Transport (Driver Licensing) Regulation 2017 (NSW): Details administrative processes, updated in September 2025 to streamline online applications.
- Fines Act 1996 (NSW): Regulates Penalty Notices and reviews (Section 36), relevant for underlying offences.
- Crimes (Sentencing Procedure) Act 1999 (NSW): Allows Section 10 dismissals to avoid demerit points and suspensions, complementing good behaviour licence strategies.
- Evidence Act 1995 (NSW): Governs evidence in related court proceedings (Section 138 for unlawfully obtained evidence).
Our Role: Our traffic lawyers in Sydney assess your eligibility, ensuring you meet criteria and exploring alternatives like Section 10 dismissals if ineligible.
How a Good Behaviour Licence Works
A good behaviour licence operates as follows:
- Suspension Notification: You are an unrestricted licence holder & you receive a Notice of Suspension from Transport for NSW detailing demerit points and suspension period (e.g., 3 months for 13 points).
- Application: Apply for a good behaviour licence before the suspension starts (via Service NSW or online).
- Approval: If eligible, Transport for NSW issues the licence, effective from the suspension start date.
- Good Behaviour Period: For 12 months, you must not accrue 2 or more demerit points. Your demerit point tally is reset to 0 upon approval.
- Compliance: Drive safely, avoiding offences like speeding (1–4 points), mobile phone use (5 points), or red light violations (3 points).
- Breach Consequence: Accruing 2+ points triggers a double-length suspension (e.g., 6 months for a full licence holder).
- Completion: Successfully completing the 12 months restores your standard licence with no suspension.
Example
- Scenario: A full licence holder accrues 13 points for speeding (3 points) and disobeying a traffic sign (3 points) in 2025.
- Action: Applies for a good behaviour licence before the 3-month suspension starts.
- Outcome: Drives for 12 months without accruing 2 points, avoiding suspension.
Step-by-Step Guide to Applying for a Good Behaviour Licence
Follow these steps to secure a good behaviour licence in NSW:
Step 1: Receive the Suspension Notice
- Action: Review the Notice of Suspension from Transport for NSW, noting the demerit points, suspension start date, and eligibility for a good behaviour licence.
- Why: Confirms you meet the 13–15 point threshold or other criteria.
- Our Role: Our traffic lawyers review the notice for errors (e.g., incorrect points) and advise on eligibility.
Step 2: Seek Legal Advice
- Action: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or call 0427 101 499 or 02 9793 7016 for a free consultation.
- Why: Legal advice identifies alternatives (e.g., appealing the underlying offence) or confirms good behaviour licence suitability.
- Our Role: We assess your driving history, ensuring you meet Section 36 criteria and exploring Penalty Notice reviews (Section 36, Fines Act 1996).
Step 3: Apply Before the Suspension Starts
- Action: Apply for the good behaviour licence via:
- Service NSW Centre: In-person at locations like Parramatta or Blacktown.
- Online: Through the Service NSW portal (updated September 2025 for streamlined applications).
- Mail: Send the application form (available on www.service.nsw.gov.au) to Transport for NSW.
- Requirements: Provide your driver’s licence number and Notice of Suspension.
- Deadline: Apply before the suspension start date (typically 28 days after the notice).
- Why: Late applications are not accepted (Section 36(3)).
- Our Role: We assist with application preparation, ensuring accuracy and timely submission.
Step 4: Receive Confirmation
- Action: Transport for NSW processes the application (within 5–10 business days) and issues a good behaviour licence confirmation.
- Why: Confirms your licence status and start of the 12-month period.
- Our Role: We verify approval and advise on compliance strategies.
Step 5: Comply with Conditions
- Action: Drive cautiously for 12 months, avoiding offences like:
- Speeding (1–4 points).
- Mobile phone use (5 points).
- Red light violation (3 points).
- Why: Accruing 2+ points triggers a double-length suspension.
Step 6: Address Breaches or Completion
- If Breached: If you accrue 2+ points, Transport for NSW issues a double-length suspension notice. You can appeal to the Local Court (Section 267).
- If Completed: After 12 months without breaches, your standard licence is restored.
Benefits of a Good Behaviour Licence
- Avoid Suspension: Continue driving for work, family, or medical needs.
- Reset Demerit Points: Your tally resets to 0, providing a clean slate.
- Financial Savings: Avoids costs of alternative transport ($2,000–$5,000) or fines for driving while suspended ($1,100, Section 54).
- Employment Protection: Maintains jobs reliant on driving (40% of suspensions lead to job loss, per BOCSAR 2024).
- Flexibility: Offers a second chance without immediate penalties.
Risks and Challenges
- Strict Conditions: Accruing 2 points (e.g., speeding 1–10 km/h) triggers a double-length suspension.
- No Extensions: Breaches cannot be renegotiated without a court appeal.
- Limited Eligibility: Ineligible for serious offences or prior suspensions.
- Court Appeals: Breaches require Local Court hearings, adding costs ($97 filing fee).
Our Role: Our criminal lawyers in Sydney mitigate risks by challenging underlying offences, securing Section 10 dismissals, or appealing breaches.
Why Choose Nicopoulos Sabbagh Lawyers?
A good behaviour licence can preserve your driving privileges, but navigating the process requires expertise. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we offer:
- Specialised Expertise: Extensive experience in traffic law and criminal law, securing good behaviour licences and defending related charges in Sydney courts like Downing Centre, Parramatta, Blacktown, and Burwood.
- Proven Results: Success in obtaining good behaviour licences, Section 10 dismissals, and suspension appeals.
- Client-Centred Approach: Tailored strategies to address your circumstances and protect your licence.
- 24/7 Support: Available around the clock for urgent advice during suspension notices or court deadlines.
- Community Focus: Our Sydney-based firm educates drivers through Instagram Reels on traffic laws, reinforcing our commitment to road safety and justice.
Frequently Asked Questions About Good Behaviour Licences in NSW
1. What Is a Good Behaviour Licence in NSW?
A conditional licence allowing drivers to avoid demerit point suspensions by not accruing 2+ points for 12 months (Section 36, Road Transport Act 2013).
2. Who Qualifies for a Good Behaviour Licence?
Unrestricted Licence Holders Only.
3. How Do I Apply for a Good Behaviour Licence?
Apply before the suspension starts via Service NSW (in-person or online) with your Notice of Suspension. Contact us for assistance.
4. What Happens If I Breach a Good Behaviour Licence?
Accruing 2+ points triggers a double-length suspension (e.g., 6 months). We can appeal in the Local Court.
The Broader Context: Road Safety in NSW
NSW’s Road Safety Plan 2026 aims to reduce traffic violations, with demerit point suspensions affecting 50,000 drivers annually (Transport for NSW, 2024). The good behaviour licence scheme supports rehabilitation, with 70% completion rates, but the November 1, 2025, licence cancellation rule for excessive points increases pressure to secure these licences. Disproportionate impacts on low-income and First Nations drivers (20% of suspensions, per BOCSAR 2024) highlight the need for equitable legal support. Expert representation ensures fair outcomes.
Contact Nicopoulos Sabbagh Lawyers Today
A good behaviour licence can keep you on the road, but securing it requires precision. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney provide expert guidance, securing good behaviour licences, Section 10 dismissals, or suspension appeals to protect your driving privileges. With our deep expertise in traffic law and criminal law, we’ll guide you through every step with care.
Don’t let a suspension derail your life. Contact Nicopoulos Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation. Let our Sydney criminal law firm, one of the best in NSW, fight for your justice and peace of mind.
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*This article correctly reflects the Laws of NSW as of 18th October 2025.
*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.