Abouhassoun -v- Director General, Department of Transport [2001] NSWADT 193

CITATION: Abouhassoun -v- Director General, Department of Transport [2001] NSWADT 193 DIVISION: General Division APPLICANT PARTIES: Ramzi Abouhassoun RESPONDENT Director General, Department of Transport FILE NUMBER: 013123 HEARING DATES: 25/07/2001 SUBMISSIONS CLOSED: 07/25/2001 DATE OF DECISION: 11/20/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Passenger Transport Act - taxi driver - cancellation of authority - Taxi driver - cancellation of authority MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Crimes Act 1914 (Cth) Evidence Act 1995 Passenger Transport Act 1990 Jacara Pty Ltd v Auto-Bake Pty Ltd [1999] FCA 417 Re T and Anor and the Director of Youth and Community Services [1980] 1 NSWLR 392 CASES CITED: Melbourne v The Queen (1999) 198 CLR 1 Caska v The Director General Department of Transport [2001] NSWSC 205 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 APPLICANT REPRESENTATION: In person RESPONDENT A Wozniak, solicitor ORDERS: The Director General's decision to cancel Mr Abouhassoun's public passenger authority is affirmed.

Introduction 1 On 14 May 2001 the Director General, Department of Transport cancelled Mr Abouhassoun's authority to drive a taxi under the Passenger Transport Act 1990 (PT Act). The reason for the cancellation was that Mr Abouhassoun: - had been convicted of offences involving harassing and offensive phone calls in January 2001; - had failed to disclose his conviction to the Department; - had four complaints lodged against him from passengers in a period of less than 12 months (the passengers alleged that Mr Abouhassoun was abusive and aggressive); and - had a lengthy traffic record. 2 On 17 May 2001 Mr Abouhassoun lodged an application with the Tribunal for a review of the Director General's decision. Mr Abouhassoun also lodged an application for a stay of the decision. On 21 May 2001 the Tribunal stayed the decision to cancel Mr Abouhassoun's taxi authority pending further order of the Tribunal.