Di Benedetto v Transport for NSW [2022] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Di Benedetto v Transport for NSW [2022] NSWCATOD 133 Hearing dates: 18 October 2022 Date of orders: 25 October 2022 Decision date: 25 October 2022 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member Decision: The decision of the Respondent made on 31 May 2022 is affirmed. Catchwords: ADMINISTRATIVE REVIEW – drivers' authority – bus driver - good repute – fit and proper person – s 11 Passenger Transport Act 1990 (NSW) – s 12 Passenger Transport Act 1990 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing and Procedure) Act 1999 (NSW) Passenger Transport Act 1990 (NSW) Cases Cited: Director-General Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Saadieh v Director-General Department of Transport [1999] NSWADT 68 Category: Principal judgment Parties: Joe Di Benedetto (Applicant) Transport for NSW (Respondent) Representation: Applicant (Self-represented) R Zoughaib (Prosecutions Officer Transport For NSW) (Respondent) File Number(s): 2022/00194744 Publication restriction: None

REASONS FOR DECISION 1. This is an application for administrative review of a decision made by Transport for NSW ("the Respondent") refusing to grant Mr Di Benedetto ("the Applicant") a Drivers' Authority under s 12 of the Passenger Transport Act 1990 (NSW) (the "PTA").