Nguyen v Roads and Maritime Services [2019] NSWCATOD 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nguyen v Roads and Maritime Services [2019] NSWCATOD 199 Hearing dates: 3 April 2019 Date of orders: 3 May 2019 Decision date: 03 May 2019 Jurisdiction: Occupational Division Before: C Ludlow, Senior Member Decision: 1. The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – refusal of public passenger vehicle driver authority – history of speeding infringements – whether applicant is fit and proper person and has sufficient responsibility and aptitude Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Passenger Transport Act 1990 (NSW) Cases Cited: AJO v Director-General Department of Transport [2012] NSWADT 101 Director General, Transport New South Wales v AIC [2011] NSWADTAP 65 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Category: Principal judgment Parties: Tien Minh Nguyen (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel:

Solicitors: Mr A Wozniak (Respondent) File Number(s): 2018/00374195 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant applied to the respondent to be issued with an authority to drive a public passenger vehicle (a bus). The respondent refused the application on 18 September 2018, and when the applicant applied for internal review, the refusal was affirmed on 9 October 2018. The applicant has now sought review of that decision by this Tribunal. 2. I have determined that the decision under review should be affirmed. My reasons are set out below.