Anwar -v- Director General, Department of Transport [2000] NSWADT 103

CITATION: Anwar -v- Director General, Department of Transport [2000] NSWADT 103 DIVISION: General Division APPLICANT Shakil Anwar PARTIES: RESPONDENT Director General, Department of Transport FILE NUMBER: 003143 HEARING DATES: 26 July 2000 SUBMISSIONS CLOSED: 07/26/2000 DATE OF DECISION: 08/03/2000

BEFORE: Hoeben GMM - Judicial Member APPLICATION: Passenger Transport Act - taxi driver - suspension of authority - Taxi driver - suspension of authority MATTER FOR DECISION: Principal matter LEGISLATION CITED : Passenger Transport Act 1990 Briginshaw v Briginshaw (1938) 60 CLR 336 New South Wales Bar Association v Evatt (1968) 117 Ziems v Prothonotary of the Supreme Court Of New South Wales (1957) 97 CLR 279 CASES CITED: Clearihan v The Registrar of Motor Vehicle Dealers in the Australian Capital Territory (1994) 122 ACTR 25 Saadieh v Director - General Department of Transport [1999] NSWADT 68 Maio v Superintendent of Licences New South Wales Police (1987) ASC 55- 551 Re Naumovski v Minister for Immigration and Ethnic Affairs (1994) 20 AAR 388 APPLICANT REPRESENTATION: In person RESPONDENT A Wozniak, solicitor ORDERS: The decision of the delagate of the Director General dated 7 April 2000 to suspend the applicant's authority is affirmed.

REASONS FOR DECISION 1 On 7 March 2000 the Department of Transport suspended the applicant's authority to drive a taxi on the grounds that: * "you drove a taxi whilst your NSW driver's licence was disqualified; * your NSW's driver's licence has been disqualified since * 13 January 2000 for a period of two months; * your driving history may indicate you have insufficient responsibility or aptitude to drive a taxi-cab in accordance with law and custom; * your driving history may indicate that you would put the safety of future passengers at risk; and * the behaviour that led to the complaints shows that you do not have sufficient responsibility to drive a taxi cab in accordance with law and custom."