Afchal -v- General Manager, Tow Truck Authority of NSW [2001] NSWADT 223

CITATION: Afchal -v- General Manager, Tow Truck Authority of NSW [2001] NSWADT 223 DIVISION: General Division APPLICANT PARTIES: Jihad Afchal RESPONDENT General Manager, Tow Truck Authority of NSW FILE NUMBER: 013289 HEARING DATES: 14/12/2001 SUBMISSIONS CLOSED: 12/14/2001 DATE OF DECISION: 12/31/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Tow Truck Industry Act - tow truck operator or driver - grant of licence or certificate - Tow Truck operator or driver - grant of licence or certificate MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Tow Truck Industry Act 1989 Tow Truck Industry Regulation 1999 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT P Ranken, solicitor ORDERS: The decision of the respondent to refuse to issue the applicant with a tow truck driver's certificate is affirmed.

Introduction 1 At the directions hearing in this matter on 14 December 2001, the parties agreed that the matter should be decided "on the papers" pursuant to s 76 of the Administrative Decisions Tribunal Act 1997 (ADT Act). The issue for determination is whether the respondent has made the "correct and preferable" decision in refusing Mr Afchal's application for a driver's certificate under the Tow Truck Industry Act 1998 (TTI Act). 2 Under s 26(1) of the TTI Act, the Tow Truck Authority must refuse to grant an application for a driver's certificate on mandatory grounds. Some of those grounds are listed in s 26(1). Other grounds are listed in the Tow Truck Industry Regulation 1999 (the Regulation). Clause 17(b) of the Regulation provides the an additional mandatory ground that: (b) the applicant has, within the period of 3 years before the application for the driver certificate was made, been disqualified from holding a driver licence. 3 The Tribunal has jurisdiction to hear this application under s 45(1) of the TTI Act.