Nielsen v Director General, Department of Transport [2000] NSWADT 80

CITATION: Nielsen v Director General, Department of Transport [2000] NSWADT 80 DIVISION: General Division APPLICANT Ken Nielsen PARTIES: RESPONDENT Director General, Department of Transport FILE NUMBER: 003111 HEARING DATES: 15/06/00 SUBMISSIONS CLOSED: 06/15/2000 DATE OF DECISION: 06/21/2000

BEFORE: Hennessy N (Deputy President) APPLICATION: Passenger Transport Act - taxi driver - cancellation 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 Director General, Department of Transport ORDERS: 1. The decision of the director General of the Department of Transport to cancel Mr Nielsen's taxi drivers authority is affirmed.

REASONS FOR DECISION Introduction 1 On 17 April 2000 Mr Nielsen applied to the Tribunal for a review of a decision of the Director General, Department of Transport, to cancel his authority to drive taxi cabs. 2 The basis of the Director General's decision to cancel Mr Nielsen's authority was his driving record, complaint history and failure to disclose any convictions or charges in relation to criminal, traffic or any other kind of offence. Jurisdiction 3 Pursuant to 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. Issues and Legislation 4 Section 14 of the Act gives that Director General power to cancel a licence: Having regard to the purpose of an authority, the Director-General may at any time vary, suspend or cancel any person's authority.