Peric v Director General, Department of Transport [2001] NSWADT 22

CITATION: Peric v Director General, Department of Transport [2001] NSWADT 22 DIVISION: General Division APPLICANT PARTIES: Miladin Peric RESPONDENT Director General, Department of Transport FILE NUMBER: 003385 HEARING DATES: 09/01/01 SUBMISSIONS CLOSED: 01/09/2001 DATE OF DECISION: 02/14/2001

BEFORE: Fleming G - Judicial Member APPLICATION: Passenger Transport Act - private hire vehicle driver - grant of authority - Passenger Transport Act - taxi driver - cancellation of authority - Private hire vehicle driver - grant of authority - Taxi driver - cancellation of authority MATTER FOR DECISION: Principal matter LEGISLATION CITED : Passenger Transport Act 1990 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT A Wozniak, solicitor ORDERS: 1. The Tribunal affirms the decisions under review to refuse to grant Miladin Peric a license to drive a private hire vehicle and to cancel his licence to drive a public passenger vehicle

The Application

1 On 14 November 2000 the Director General, Department of Transport (the Director General) cancelled Miladin Peric's authorities to drive taxi-cabs and made a decision to refuse to grant him a licence to drive hire cars. The Director General's reasons for these decisions were that "Your proven offence record indicates that you [Mr Peric] can no longer be considered a person of good repute and in all respects a fit and proper person to drive a public passenger vehicle".

The Relevant Law

2 Under s 52(1) of the Passenger Transport Act 1990 ('the Act'), a person whose application has been refused or whose accreditation or authority has been varied, suspended or cancelled, may apply to the Administrative Decisions Tribunal for a review of that decision. 3 Section 14 of the Act gives the Director General power to vary, suspend or cancel any person's authority. That section states that. . "having regard to the purpose of an authority, the Director-General may at any time vary, suspend or cancel any person's authority". 4 The purpose of an authority is set out in s 11(2): The purpose of an authority under this Division is to attest: (a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle; and (b) that the authorised person is considered to have sufficient responsibility and aptitude to drive the vehicle or vehicles to which the authority relates: (i) in accordance with the conditions under which a public passenger service is operated; and (ii) in accordance with law and custom. 5 The issue in this case is whether the Director General made the correct and preferable decision in cancelling the applicant's taxi authority and refusing to grant an authority to drive a hire car.