Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37

Appeal Panel

CITATION: Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37 APPELLANT PARTIES: Director General, Department of Transport RESPONDENT Z FILE NUMBER: 029018 HEARING DATES: 20/06/02, 30/08/02 SUBMISSIONS CLOSED: 08/30/2002 DATE OF DECISION: 11/22/2002

Z -v- Director General, Department of Transport [2002] NSWADT 67 DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Higgins S - Judicial Member; Mapperson K - Member CATCHWORDS: leave to extend to the merits - opportunity to be heard - Passenger Transport Act - cancellation of authorities - relevant/irrelevant considerations MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 013153 DATE OF DECISION UNDER APPEAL: 04/30/2002 Child Protection (Prohibited Employment) Act 1998 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Director-General, Department of Transport v Z [2002] NSWADTAP 17 Z -v- Director-General, Department of Transport [2000] NSWADT 87 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 CASES CITED: Goody v Oldhams Press Ltd [1967] 1QB 333 Lo -v- Director-General, Department of Transport [2002] NSWADTAP 39 Maythisathit and Registrar of Motor Vehicles [1996] ACT 165 Hughes and Vale Pty Ltd v New South Wales (1955) 93 CLR 127 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 APPELLANT REPRESENTATION: D Jordan, barrister RESPONDENT In person ORDERS: 1. Decision under appeal set aside; 2. Determination of Director-General affirmed.