Fisher v Department of Transport and Infrastructure [2011] NSWADT 1

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Fisher v Department of Transport and Infrastructure [2011] NSWADT 1 Hearing dates: 21 December 2010 Decision date: 10 January 2011 Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed Catchwords: Cancellation of driver authority Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) HCA 33; (1990) 170 CLR 321 Chaining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) HCA 28; (1955) 93 CLR 127 Saadieh v Director-General Department of Transport [1999] NSWADT 68 Sobey v Commercial and Private Agents Board 20 SASR 70. Category: Principal judgment Parties: Michael Fisher (Applicant) Department of Transport and Infrastructure (Respondent) Representation: M Bradbury (Applicant) A Wozniak (Respondent) File Number(s): 103171

REASONS FOR DECISION 1Mr Fisher has held an authority to drive buses, in accordance with the Passenger Transport Act 1990 ("the Act"). He was granted that authority in December 2009. He drove buses in Canberra for a short time after receiving his authority and then commenced driving a school bus in the Yass area. He continued in that role until June 2010. 2In July 2010 the Respondent determined to suspended Mr Fisher's authority. It subsequently determined to cancel the authority. The notice of cancellation was issued by letter dated 2 September 2010. 3Mr Fisher has applied to the Tribunal for external review of that determination. The matter came before me for hearing on 21 December 2010. Following the hearing I reserved my decision.