Coles -v- Director-General, Department of Transport [2001] NSWADT 23

CITATION: Coles -v- Director-General, Department of Transport [2001] NSWADT 23 DIVISION: General Division APPLICANT PARTIES: Graham Sidney Coles RESPONDENT Director-General, Department of Transport FILE NUMBER: 003351 HEARING DATES: 08/01/2001 21/01/2001 SUBMISSIONS CLOSED: 02/06/2001 DATE OF DECISION: 02/15/2001

BEFORE: Rice S - Judicial Member APPLICATION: Passenger Transport Act - private hire vehicle driver - grant of authority - Private hire vehicle driver - grant of authority MATTER FOR DECISION: Principal matter LEGISLATION CITED : Passenger Transport Act 1990 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 CASES CITED: Loye v Director-General, Department of Transport [2000] NSWADT 145 Saadieh v Director-General, Department of Transport [1999] NSWADT 68 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392: APPLICANT REPRESENTATION: In person RESPONDENT A Wozniak, solicitor ORDERS: 1. The decision of the Department is set aside; 2. In substitution a decision that Mr Coles be granted an authority under the Passenger Transport Act to drive a private hire vehicle.; 3. Pursuant to s 88(1) no award of costs

Decision 1 For the reasons I give below, in my view the correct and preferable decision is that Mr Coles be granted an authority to drive a private hire vehicle. Application, refusal and review

2 Mr Graham Coles applied for a driver authority under section 12 of the Passenger Transport Act ( PT Act ) to drive a private hire vehicle. His application was refused because of his proven offence record. 3 Mr Coles sought an internal review of the refusal, and the refusal was confirmed. Mr Coles applied to this Tribunal for a review of the refusal.