Kanj v Transport for NSW [2024] NSWCATOD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kanj v Transport for NSW [2024] NSWCATOD 180 Hearing dates: 30 September 2024 Date of orders: 05 November 2024 Decision date: 05 November 2024 Jurisdiction: Occupational Division Before: M Deane, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – driver's 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 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Passenger Transport Act 1990 (NSW) Passenger Transport Act 2014 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Director-General Transport NSW South Wales v AIC [2011] NSWADTAP 65 Farquharson v Director General, Department of Transport [1999] NSWADT 53 Lal v Director General Department of Transport [2001] NSWADT 74 Saadieh v Director-General Department of Transport [1999] NSWADT 68 Texts Cited: None cited Category: Principal judgment Parties: Abdul Nasser Kanj (Applicant) Transport for NSW (Respondent) Representation: Applicant (Self-Represented) B Duck (Transport for NSW) (Respondent) File Number(s): 2024/00300850 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application for administrative review of a decision made by Transport for NSW (the Respondent or TfNSW) refusing to grant Mr Kanj (the Applicant) authority to drive a bus (a Bus Driver Authority) under s 12 of the Passenger Transport Act 1990 (NSW) (the PTA 1990).