Najjar v Commissioner for Fair Trading [2023] NSWCATOD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Najjar v Commissioner for Fair Trading [2023] NSWCATOD 141 Hearing dates: 14 September 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Occupational Division Before: J Levine, Senior Member Decision: 1. The Decision under review, including the permanent revocation of the Applicant's drivers certificate and the 3-month disqualification, is set aside. 2. In substitution for the Decision, the Applicant is fined $250 pursuant to section 41(2)(d) and reprimanded pursuant to section 41(2)(f) of the Tow Truck Industry Act 1998 (NSW). 3. As a result of the Order in paragraph (1) setting aside the Decision under review, the renewed Drivers' Certificate No. 45995 05 issued between around 19 to 29 June 2023 shall no longer be treated as 'cancelled' and instead shall be treated as current with immediate effect. Catchwords: TOW TRUCK INDUSTRY ACT 1998 – tow truck drivers certificate – disciplinary action – certified driver guilty of one indictable offence as grounds for disciplinary action under section 42(1)(b) even when no conviction recorded and matter dealt with summarily – appropriate disciplinary action under section 41(2) – permanent revocation of certificate and three month disqualification from holding certificate not appropriate –reprimand and fine appropriate in circumstances Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Tow Truck Industry Act 1998 (NSW) Tow Truck Industry Regulation 2020 (NSW) Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Texts Cited: None Category: Principal judgment Parties: Wasim Najjar (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Wasim Najjar (Self-Represented) Customer Service NSW (Respondent) File Number(s): 2023/00205293 Publication restriction: Nil