NSW Caselaw
CITATION: Chen v NSW Transport and Infrastrucure [2009] NSWADT 285
DIVISION: General Division
APPLICANT Alice Chen PARTIES: RESPONDENT NSW Transport and Infrastructure
FILE NUMBER: 093174
HEARING DATES: 24 September 2009
SUBMISSIONS CLOSED: 24 September 2009
EXTEMPORE DECISION DATE: 24 September 2009 BEFORE: Molony P - Judicial Member
CATCHWORDS: Review of a decision to cancel a public passenger vehicle driver authority.
Passenger Transport Act 1990 Passenger Transport Regulation 2007 LEGISLATION CITED : Passenger Transport (Taxi-cab Service) Regulation 2001 Road Transport (Driver Licensing) Act 1998 Road Transport (Driver Licensing) Regulation 2008
Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 CASES CITED: Lamb v Ministry of Transport [2005] NSWADT 82 Mahe v Director General, Department of Transport [2002] NSWADT 266
APPLICANT In person REPRESENTATION: RESPONDENT A Wozniak, solicitor
ORDERS: The decision to cancel Mrs Chen's Public Passenger Vehicle Driver Authority is affirmed.
REASONS FOR DECISION
1 Ms Chen is the holder of a Public Passenger Vehicle Driver Authority authorising her to drive buses.
2 On 25 June 2009 NSW Transport & Infrastructure (NSWT&I) made a decision to cancel that authority as a result of a number of infringements detected by its officers, principally at the airport, over a period of 18 months. Ms Chen sought an internal review of that decision and made submission in support of that review. On 6 July 2009 the decision was confirmed on internal review.
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