Minnis -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 4

CITATION: Minnis -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 4 DIVISION: General Division APPLICANT PARTIES: Ian Graeme Minnis RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003380 HEARING DATES: 22/01/2001 SUBMISSIONS CLOSED: 01/22/2001 DATE OF DECISION: 01/25/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Driver's licence suspension - Road Transport (General) Act - 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: O'Kelly -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 43 Fargher v Commissioner of Police, NSW Police Service [2000] NSWADT APPLICANT REPRESENTATION: G O'Reilly, solicitor RESPONDENT C Capper, solicitor ORDERS: 1. The decision to suspend the applicant's driver's licence is affirmed.

Introduction 1 On 2 October 2000, a police officer gave Mr Minnis a Notice of Suspension and Confiscation of Drivers Licence. This notice was issued after Mr Minnis undertook a breath test which showed a reading of 0.090 grammes 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 in relation to 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 The suspension continues until the charge is heard and determined by a court or withdrawn.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.) Jurisdiction