Ranjbar v Roads and Maritime Services [2018] NSWCATOD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ranjbar v Roads and Maritime Services [2018] NSWCATOD 204 Hearing dates: 23 January 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: The decision under review is affirmed Catchwords: PASSENGER TRANSPORT – refusal to renew wheelchair accessible taxi licence – applicant must satisfy RMS as to any matter RMS considers relevant – expectation of number of jobs performed per day – failure to meet performance levels Legislation Cited: Passenger Transport Act 1990 Passenger Transport (Taxi-Cab Services) Regulation 2001 Point to Point (Taxis and Hire Vehicles) Act 2016 Point to Point (Taxis and Hire Vehicles) Regulation 2017 Cases Cited: Howell v Macquarie University [2008] NSWCA 26 Huda v Roads and Maritime Services [2017] NSWCATOD 151 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Category: Principal judgment Parties: Alireza Ranjbar (Applicant) Roads and Maritime Services (Respondent) Representation: Alireza Ranjbar (Applicant) Smythe Wozniak (Respondent) File Number(s): 2017/00180172

REASONS FOR DECISION 1. This is an application by Mr Alireza Ranjbar for review of a decision refusing the renewal of a wheelchair accessible taxi licence in May 2017. His application was refused by Roads and Maritime Services (RMS) because RMS was not satisfied that priority was being given to passengers using wheelchairs, including compliance with an expectation that at least one wheelchair hiring would be completed per day.