Saadieh v Director General, Department of Transport [1999] NSWADT 68

CITATION: Saadieh v Director General, Department of Transport [1999] NSWADT 68

DIVISION: General

APPLICANT: Talal Saadieh

RESPONDENT: Director General, Department of Transport

FILE NUMBER: 993139

HEARING DATES: 08/11/1999

SUBMISSIONS CLOSED: 08/11/1999

DATE OF DECISION: 25 August 1999

N Hennessy - Deputy President BEFORE:

PRIMARY LEGISLATION: Passenger Transport Act 1990

APPLICATION: Review of decision to cancel taxi-cab authority -

MATTER FOR DECISION: Principal matter

Applicant: In person REPRESENTATION: Respondent: A C Wozniak, solicitor, Smythe & Mallam

ORDERS: 1. The decision of the Director General of the Department of Transport to cancel the applicant's taxi authority is affirmed.

Background 1 On 15 June 1999, the Director General of the Department of Transport cancelled the applicant's authority to drive a taxi on the grounds that: ". . . the behaviour and nature of the offences that led you to being convicted of larceny at Parramatta Local Court on 16 September 1998 and at Fairfield Local Court on 10 December 1998 and your conviction for possessing a prohibited drug at Parramatta Local Court on 21 December 1998 casts serious doubt in regard to your reputation and fitness to hold an authority to drive a public passenger vehicle. 2 An internal review was conducted on 24 June 1999 which affirmed the original decision. Pursuant to the Passenger Transport Act 1990 s 52(1) a person whose application for such an authority has been refused may apply to the Administrative Decisions Tribunal for a review of that decision. The applicant made such an application on 29 June 1999. Evidence 3 The complainant gave evidence that he commenced using heroin on 16 January 1997 and stopped on 17 November 1998. He used heroin every day and admits that during that time he stole to get enough money to buy heroin. He was driving a taxi during this time but says that he would not drive until 6 or 7 hours after he had taken heroin. 4 The offences the applicant has been convicted of are: + larceny on 16/9/98 (charged on 25/8/98 and fined $250); + larceny on 10/12/98 (charged on 19/10/98 and fined $300); + possession of a prohibited drug on 21/12/98 (Charged on 17/11/98 and fined $400); + enter enclosed land without lawful excuse on 10/12/98 (charged 27/10/98 and fined $200); and + actual possession of forged prescription on 10/12/98 (charged 4/11/98 and fined $100).