Hasegawa -v- Director General, Department of Transport [2000] NSWADT 96

CITATION: Hasegawa -v- Director General, Department of Transport [2000] NSWADT 96 DIVISION: General Division APPLICANT Raymond Hasegawa PARTIES: RESPONDENT Director General, Department of Transport FILE NUMBER: 003090 HEARING DATES: 12/05/2000 SUBMISSIONS CLOSED: 05/12/2000 DATE OF DECISION: 07/25/2000

BEFORE: Britton A - Judicial Member APPLICATION: Passenger Transport Act - taxi driver - suspension of authority - Taxi driver - suspension of authority MATTER FOR DECISION: Principal matter LEGISLATION CITED : Passenger Transport Act 1990 CASES CITED: Saadieh v Director General Department of Transport [1999] NSWADT 68 Singh v Director General Department of Transport [1999] NSWADT 96 APPLICANT REPRESENTATION: J Tancred, solicitor RESPONDENT A Wozniak, solicitor ORDERS: 1. The decision of the Director General to suspend the applicant's taxi-cab authority is revoked

REASONS FOR DECISION Introduction 1 This decision concerns an application by Raymond Hasegawa for review by this Tribunal of the decision by the Director General, NSW Department of Public Transport (the administrator), to suspend his taxi authority. 2 By way of notice dated 3 February 2000, a delegate of the administrator, advised the applicant of the decision to suspend his authority to drive taxi-cabs. An internal review affirmed the administrator's original decision. On 29 March 2000 the applicant filed an application in the Administrative Decisions Tribunal of NSW (the Tribunal) under the Public Transport Act 1990 (the Act), ss52(1) for a review of the administrator's decision. 3 The issue for determination in this inquiry is whether the Director General's delegate made the correct and preferable decision having regard to any relevant factual material and any written or unwritten law Administrative Decisions Tribunal Act (NSW) 1997 (the Tribunal Act), s63(1).