McKinnon v Department of NSW Transport and Infrastructure [2010] NSWADT 70

CITATION: McKinnon v Department of NSW Transport and Infrastructure [2010] NSWADT 70

DIVISION: General Division

APPLICANT Kenneth McKinnon PARTIES: RESPONDENT Department of NSW Transport and Infrastructure

FILE NUMBER: 103013

HEARING DATES: 19 February 2010

SUBMISSIONS CLOSED: 19 February 2010

DATE OF DECISION: 19 March 2010

BEFORE: Grotte E - Judicial Member

CATCHWORDS: Taxi Authority - Suspension

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990

CASES CITED: Sterjovski –v- Director-General, Department of Transport (2002) NSWADT 10 Farquarson –v- Director-v- Director –General of Transport (1999) NSWADTR 53;

APPLICANT In person REPRESENTATION: RESPONDENT A Wozniak, solicitor

ORDERS: The decision of the Director-General is affirmed.

REASONS FOR DECISION

1 On 27 January 2010 the Director-General of the Department of NSW Transport and Infrastructure (the Director-General) suspended Mr Kenneth McKinnon's (Mr McKinnon) Taxi Driver Authority number AP2421 essentially because he had been charged with "Assault Occasioning Bodily Harm" as a result of an altercation he had with a passenger of his taxi on 10 December 2009.

2 Mr McKinnon is a 65 year old taxi driver, who has been driving taxis for 23 years, during which tie he has not been the subject of any previous criminal complaints by passengers and who has no prior criminal record. Ms McKinnon is currently in receipt of a pension but he claims that he is reliant on income from taxi driving to pay for his various living expenses.