Tohme v NSW Department of Transport and Infrastructure [2010] NSWADT 108

CITATION: Tohme v NSW Department of Transport and Infrastructure [2010] NSWADT 108

DIVISION: General Division

APPLICANT Mohamad Tohme PARTIES: RESPONDENT NSW Department of Transport and Infrastructure

FILE NUMBER: 093238

HEARING DATES: 8 December 2010

DATE OF DECISION: 5 May 2010

BEFORE: Molony P - Judicial Member

CATCHWORDS: Passenger Transport Act - Taxi driver - cancellation of authority

LEGISLATION CITED : Passenger Transport Act 1990 Passenger Transport Regulation 2007

CASES CITED: Abouhassoun v Director General, Department of Transport [2001] NSWADT 193 Abouhassoun v Director General, Department of Transport (GD) [2002] NSWADTAP 12Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321,Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336Farquharson -v- Director General, Department of Transport [1999] NSWADT 53Maythisathit and Registrar of Motor Vehicles [1996] ACT

APPLICANT A Dlackic, solicitor REPRESENTATION: RESPONDENT A Wozniak, solicitor

ORDERS: The decision to cancel Mr Tohme's taxi driver's authority is affirmed.

REASONS FOR DECISION

Introduction 1 On 20 August 2009 the NSW Department of Transport and Infrastructure (the Agency) determined to cancel Mr Tohme's authority to drive a taxi-cab. Mr Tohme sought an internal review of decision. This was completed on 3 September 2009 and affirmed the original decision to cancel his authority.

2 Put simply, the internal review found that, since Mr Tohme's authority was originally issued, in June 1997, Mr Tohme has been convicted of a number of assaults and had a series of complaints made against him by customers. These had led to his authority being suspended in 2005, while he undertook an anger management course. Subsequently, following further convictions for assault in February 2008 his authority was cancelled. In the period between suspension and cancellation he was the subject of further customer complaints. On 3 September 2008 Mr Tohme was again issued with an authority for drive a taxi cab, initially for six months only. In the period between 17 February 2009 and 14 July 2009 Mr Tohme was the subject of further customer complaints.