Kohistani -v -Director General, Department of Transport [2002] NSWADT 177

CITATION: Kohistani -v -Director General, Department of Transport [2002] NSWADT 177 DIVISION: General Division APPLICANT PARTIES: Mohammed Kohistani RESPONDENT Director General, Department of Transport FILE NUMBER: 023033 HEARING DATES: 27 August 2002 SUBMISSIONS CLOSED: 08/27/2002 DATE OF DECISION: 09/25/2002

BEFORE: Hennessy N (Deputy President) APPLICATION: Passenger Transport Act - taxi driver - variation of authority - Taxi driver - variation of authority MATTER FOR DECISION: Principal Matter LEGISLATION CITED : Passenger Transport Act 1990 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT A Wozniak, solicitor ORDERS: The decision to impose conditions on Mr Kohistani's taxi driver authority is set aside. The decision is remitted to the administrator for reconsideration.

1 Following several complaints from passengers and breaches of the Passenger Transport Act 1990 (PT Act), the Director General imposed the following conditions on Mr Kohistani's taxi authority: 1. Such authority is subject to probation conditions for a period of six months. 2. The authority holder is not to be the subject of any substantiated complaint from any taxi passenger or intending passenger. 3. The authority holder is not to be the subject of any breach of the Passenger Transport Act, 2000, as amended or associated Regulations. 4. The authority holder is not to be the subject of any breach of any driving offences. 5. The authority holder is not to be the subject of any criminal conviction within the time of such probation. 2 At the hearing Mr Wozniak advised the Tribunal and Mr Kohistani that conditions 4 and 5 had been withdrawn. Mr Wozniak said that the second condition, that Mr Kohistani not be the subject of any substantiated complaint, should be interpreted as Mr Kohistani not being convicted of any breach of the PT Act or associated Regulations as a result of a complaint from a passenger or intended passenger. Consequently, according to Mr Wozniak, conditions 1, 2 and 3 amount to a single condition that Mr Kohistani not breach the PT Act or associated Regulations for a period of 6 months. 3 The conditions were imposed pursuant to s 33D(1)(c) of the PT Act. That provision, and other relevant provisions in that section, are set out below: (1) An authority under this Division is subject to: (a) the condition imposed by this Division, and (b) the conditions prescribed by the regulations, and (c) such additional conditions as the Director-General, having regard to the purpose of authorisation under this Division, may impose on the authority.