Singh v Ministry of Transport [2009] NSWADT 74

CITATION: Singh v Ministry of Transport [2009] NSWADT 74

DIVISION: General Division

APPLICANT Kamaljit Singh PARTIES: RESPONDENT Ministry of Transport

FILE NUMBER: 093032

HEARING DATES: 26 March 2009

SUBMISSIONS CLOSED: 26 March 2009

DATE OF DECISION: 3 April 2009

BEFORE: Handley R - Deputy President

CATCHWORDS: Public passenger vehicle – suspension of authority

LEGISLATION CITED : Passenger Transport Act 1990

Maythisathit, Sivone and Registrar of Motor Vehicles [1996] ACTAAT 165 Lal v Director-General, Department of Transport [2001] NSWADT 74 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Sara v Director General, Department of Transport [2003] NSWADT 157 Eshaghi v Director General, Department of Transport [2002] NSWADT 3 CASES CITED: Ahmadi v Director General, Department of Transport [2002] NSWADT 8 Abawi v Director General, Department of Transport [2003] NSWADT 34 Ratay v Director General, Department of Transport [2003] NSWADT 40 Singh v Director-General, Department of Transport [1999] NSWADT 96 Hughes & Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321

APPLICANT E Khan, solicitor REPRESENTATION: RESPONDENT A Wozniak, solicitor

ORDERS: The decision under review is affirmed.

REASONS FOR DECISION 1 This matter involves an application by Kamaljit Singh for the review of a decision of the Director General of the Ministry of Transport ('the Ministry') made under the Passenger Transport Act 1990 ('the Act') to suspend Mr Singh's authority to drive a public passenger vehicle. The Facts 2 Mr Singh is aged 49. He was born in India and migrated to Australia in 1983, becoming an Australian citizen in 1995. He is married with three children aged 17, 13 and 8. In 1998, Mr Singh was granted an authority to drive a public passenger vehicle enabling him to drive taxis, and in 2005 he was granted accreditation as a taxi operator. Initially, Mr Singh worked for Premier Cabs as a taxi driver. From 2005, he leased taxi plates from Cumberland Cabs, and operated his taxi as part of the Premier Cabs network. 3 In 2008, Mr Singh's father in law suffered a heart attack while visiting Mr Singh and his family in Australia and required heart surgery. Mr Singh had sponsored his father in law's visit and, because his father in law was uninsured, Mr Singh was liable for the consequent medical bills that totalled approximately $45,000. This caused significant financial pressure on Mr Singh. 4 On 14 November 2008, Mr Singh was interviewed by Premier Cabs in relation to 15 altered 'Cabcharge' dockets. Mr Singh admitted that he had altered the dockets, apologised for his conduct, and repaid the money that he had obtained by deception, totalling $3,674.25. Mr Singh was expelled from the Premier Cabs network and required to return his taxi plates to Cumberland Cabs. Premier Cabs notified the Ministry of what had occurred. 5 On 5 February 2009, a delegate of the Director General notified Mr Singh that his authority to drive a public passenger vehicle had been suspended. On 11 February 2009, Mr Singh filed an application for a review of this decision by the Tribunal and for an urgent stay. On 17 February 2009, the President of the Tribunal, O'Connor DCJ, refused the application for a stay and gave directions for the pre-hearing exchange of documents. Mr Singh has not applied for an internal review of the delegate's decision. Pursuant to s 55(3)(b) of the Administrative Decisions Tribunal Act 1997, I am, nevertheless, satisfied that it is necessary to deal with Mr Singh's application in order to protect his interests. 6 On 5 March 2009, a delegate of the Director General suspended Mr Singh's accreditation as a taxi operator. That decision is not the subject of this appeal. The Relevant Legislation 7 Section 11(2) of the Act states: (2) The purpose of an authority under this Division is to attest: (a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle, and (b) that the authorised person is considered to have sufficient responsibility and aptitude to drive the vehicle or vehicles to which the authority relates: