Armani -v- Director General, Department of Transport [1999] NSWADT 20

CITATION: Armani -v- Director General, Department of Transport [1999] NSWADT 20

DIVISION: General

APPLICANT: Robert Armani

RESPONDENT: Director General, Department of Transport

FILE NUMBER: 993020

HEARING DATES: 03/26/1999

SUBMISSIONS CLOSED: 03/26/1999

DATE OF DECISION: 7 April 1999

N Hennessy - Deputy President BEFORE:

PRIMARY LEGISLATION: Passenger Transport Act 1990

APPLICATION: -

MATTER FOR DECISION: Principal matter

Applicant: J Punch of Counsel REPRESENTATION: Respondent: P Culbert, Solicitor, Department of Transport

ORDERS: 1. The decision made by the delegate of the Director General of the Department of Transport dated 10 March 1999 refusing the applicant's application for a taxi authority is set aside; and 2. The decision that a taxi authority be granted to the applicant subject to the applicant's compliance with the Department of Transport's current training policities is substituted.

History of application 1 On 6 December 1998 Mr Armani applied to the Department of Transport for a taxi-cab authority which would authorise him to drive a taxi. On 13 January 1999 the Director General's delegate refused this application on the basis of Mr Armani's criminal record. On 1 February 1999 Mr Armani lodged an application for review of this decision with the Tribunal. The Tribunal asked the Department to conduct an internal review of their decision. The result of that review was that the decision to refuse the authority was affirmed on 10 March 1999.

Issues and legislation 2 The Passenger Transport Act 1990 (NSW) s 12 gives the Director General a discretion to grant authorities, having regard to the purpose of that authority. Sub-section 11(2) sets out the purpose of an authority in the following terms: