G v Tow Truck Authority of New South Wales [2001] NSWADT 25

CITATION: G v Tow Truck Authority of New South Wales [2001] NSWADT 25 revised - 21/03/2001 DIVISION: General Division APPLICANT PARTIES: G RESPONDENT General Manager, Tow Truck Authority of New South Wales FILE NUMBER: 003251 HEARING DATES: 24/10/00 SUBMISSIONS CLOSED: 10/24/2000 DATE OF DECISION: 10/24/2000

BEFORE: O'Connor K - DCJ (President) APPLICATION: Tow Truck Industry Act - tow truck operator or driver - grant of licence or certificate - Tow Truck operator or driver - grant of licence or certificate MATTER FOR DECISION: Principal Matter LEGISLATION CITED : Tow Truck Industry Regulation 1999 Tow Truck Industry Act 1989 Bourke v Commissioner of Police [1998] NSWADT 1 (17 December 1998); Hargreaves v Commissioner of Police, NSW Police Service [1999] NSWADT 64 (13 August 1999); CASES CITED: Beddow v Commissioner of Police, New South Wales Police Service [2000] NSWADT 119 (31 August 2000). Doyle v Commissioner of Police [1999] NSWADT 84) Commissioner of Police v Wilson, New South Wales Court of Appeal in 1994 (unreported, 29 July 1994, Clarke, Meagher and Powell JJ.A.) APPLICANT REPRESENTATION: In person RESPONDENT M Tzannes, barrister ORDERS: 1. The application for review is dismissed and the decision of the administrator is affirmed.

Delivered Ex Tempore

1 The applicant for review in this case, G, has been a certificate holder in the tow truck industry for approximately ten years. It came out in evidence that he belongs to a family that is part of the industry, that his father and brother are licence holders and operated a tow truck business for many years. So I can understand in that context that the loss of a certificate may have possibly more impact than it might if someone belonged to a family that was unconnected with the industry, and I am also aware from the material that G has brought to our attention today that he has had some medical difficulties in connection with a disorder that he has had since he was a child - Attention Deficit Hyperactivity Disorder. Currently he is receiving professional attention from a consulting psychiatrist and he is managing well on a program that involves taking the medication Dexamphatamine Sulphate. So there are some general circumstances surrounding this application for review which I think should at least be noted for the record.