Burdon -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 61

CITATION: Burdon -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 61 DIVISION: General Division APPLICANT PARTIES: Ross Andrew Burdon RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013036 HEARING DATES: 23/02/2001 SUBMISSIONS CLOSED: 02/23/2001 DATE OF DECISION: 04/19/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Driver's licence suspension MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Road Transport (General) Act 1999 Road Transport (Safety and Traffic Management) Act 1999 CASES CITED: Arps -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 35 Baskerville v Martin [1967] SASR 150 APPLICANT REPRESENTATION: In person RESPONDENT J Tunks, solicitor ORDERS: 1. The decision to suspend the applicant's driver's licence is affirmed.; Order made on 23 February 2001

Introduction 1 On 26 November 2000, a police officer gave Mr Burdon a Notice of Suspension and Confiscation of Drivers Licence. The notice was issued after Mr Burdon undertook a breath test which showed a reading of 0.080 grams of alcohol per 100 millilitres of blood. 2 Under s 34 of the Road Transport (General) Act 1999 a police officer may suspend the driver's licence of a person who has been charged with an offence under s 9(3)(a) of the Road Transport (Safety and Traffic Management) Act 1999. One such offence is the presence of a middle range of prescribed concentration of alcohol (PCA) in the person's blood. The suspension continues until the charge is heard and determined by a court or withdrawn. (See s 34(3) of the Road Transport (General) Act 1999.) 3 Mr Burdon went to court on 26 November 2000 and pleaded not guilty to the offence. A hearing was set down for 27 April 2001. Jurisdiction