Z -v- Director General, Department of Transport [2002] NSWADT 67

Set aside by Appeal : Set aside by appeal on 22/11/2002

CITATION: Z -v- Director General, Department of Transport [2002] NSWADT 67 DIVISION: General Division APPLICANT PARTIES: Z RESPONDENT Director General, Department of Transport FILE NUMBER: 013153 HEARING DATES: 17/09/2001, 16/10/2001 SUBMISSIONS CLOSED: 10/16/2001 DATE OF DECISION: 04/30/2002

BEFORE: Rice S - Judicial Member APPLICATION: Bus driver - cancellation of authority - Long Distance Service driver - cancellation of authority - Passenger Transport Act - bus driver - cancellation of authority - Passenger Transport Act - long distance service driver - cancellation of authority - Passenger Transport Act - private hire vehicle driver - cancellation of authority - Passenger Transport Act - tourist service driver - cancellation of authority - Private hire vehicle driver - cancellation of authority - Tourist Service driver - cancellation of authority MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 Chiropractors Act 2001 Criminal Records Act 1991 LEGISLATION CITED : Firearms Act 1996 Human Rights and Equal Opportunity Commission Act 1986 Medical Practice Act 1992 Osteopaths Act 2001 Passenger Transport Act 1990 Totalizator Act 1997 Z v Director-General, Department of Transport [2000] NSWADT 87 Z v Director-General, Department of Transport [2001] NSWADTAP 14 Z v Director-General, Department of Transport (No 2) [2001] NSWADTAP 18 Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39 Taylor v- Director-General, Department of Transport [2001] NSWADTAP 29 Saadieh v Director-General, Department of Transport [1999] NSWADT 68 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 CASES CITED: Brown v Director General, Department of Transport [2000] NSWADT 15 Singh v Director General, Department of Transport [1999] NSWADT 96 Farquharson v Director General, Department of Transport [1999] NSWADT 53 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Lloyd v Director General, Department of Transport [2001] NSWADT 201 Armani -v- Director General, Department of Transport [1999] NSWADT 20 Re Saffron and the Commissioner of Taxation (1991) 102 ALR 19 Re Ridley and Secretary, DSS (1993) 113 ALR 655 Re Secretary, DSS and Mariot (1993) ALD 677 APPLICANT REPRESENTATION: In person RESPONDENT A Wozniak, solicitor ORDERS: 1. The decision of the Director General is set aside; 2. In substitution a decision is made that Mr Z's authorities to drive route buses and private hire cars are cancelled, but that his authority to drive long distance and tourist buses is not cancelled; 3. Pursuant to s88(1) there is no award of costs.