Al-Najjar v Director General Transport NSW [2011] NSWADT 38

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Al-Najjar v Director General Transport NSW [2011] NSWADT 38 Hearing dates: 3 February 2011 Decision date: 01 March 2011 Jurisdiction: General Division Before: C Huntsman, Judicial Member Decision: The decision under review is affirmed. Catchwords: Fit and proper person, criminal convictions Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Al-Najjar v Ministry of Transport [2009] NSWADT 173; Saadieh v Director General, Department of Transport [1999] NSWADT 68 Chowdhury v Department of Transport and Infrastructure [2010] NSWADT ; Lal v Director General, Department of Transport[2001] NSWADT 74, at 47. Category: Principal judgment Parties: Wail Al-Najjar (Applicant) Department of Transport & Infrastructure (Respondent) Representation: Wail Al-Najjar (Applicant in person) Smythe Wozniak (Respondent) File Number(s): 103188

REASONS FOR DECISION 1Wail Al-Najjar (the Applicant) has applied to the Tribunal for a review of a decision of the Director General Transport NSW (the Respondent) made under the Passenger Transport Act 1990, to refuse the Applicant's application for authorisation to drive a taxi-cab. The role of the Tribunal is to determine whether the decision of the Respondent is the correct and preferable decision having regard to the relevant facts and the applicable law: section 63 Administrative Decisions Tribunal Act 1997.

Background 2The Applicant was granted a taxi driver authority in January 2006. On 8 May 2009, a delegate of the Director General suspended the Applicant's taxi driver authority. A stated reason for the suspension was the Applicant being charged with criminal offences - at the time of the decision to suspend his licence the Applicant had been charged, on 13 February 2009, with an alleged assault at Sydney airport on a security officer, and the Applicant had also been charged with two fraud related offences allegedly committed whilst performing his duties as a taxi driver. On 22 May 2009 the Applicant applied to the Tribunal for a review of the decision to suspend his taxi driver authority. On 6 July 2009 the Tribunal, constituted by Deputy President Handley, affirmed the decision to suspend the Applicant's taxi driver authority (refer Al-Najjar v Ministry of Transport [2009] NSWADT 173). 3After his authorisation was suspended it subsequently expired in January 2010. The Applicant applied for authorisation to drive taxi-cabs on 2 June 2010. By letter dated 30 June 2010 a delegate of the Director-General, Transport NSW (the Respondent) determined to refuse the Applicant's application for authorisation to drive taxi - cabs. The Statement of Reasons for that decision states: "On 14 September 2009 you were convicted at Waverley Local Court of Common Assault T2". This Incident Involved in an altercation with a security officer at Sydney Airport and occurred whilst you were performing your duty as a taxi driver. On 25 May 2010 you were convicted at Sydney District Court of 'Make/possess implements for making false instruments - T1' and were sentenced to 12 months imprisonment, which was suspended on entering a Section 12 bond for 12 months commencing 25 May 2010. The offences also occurred whilst you were performing your duties as a taxi driver and was committed upon a passenger travelling in your taxi. During your relatively short tenure as a taxi driver you were the subject of 17 complaints including demanding more/other than prescribed fare, driving in an unsafe manner, lack of street knowledge and major destinations, rudeness to customers, driving in an unsafe manner, refusal of a fare/hire when "for hire" and failure to provide reasonable assistance to a customer. As a result of all the above, your authority to drive taxis was suspended on 7 July 2009 and subsequently expired on 13 January 2010. It is noted that you failed to declare the above-mentioned convictions on your application form". 4The Applicant applied for internal review of this decision on 30 June 2010. By letter dated 30 July 2010 a decision was made to affirm the original decision and a Statement of Reasons was issued to the Applicant. The Statement of Reasons noted, amongst other matters, that the decision maker was not satisfied that the Applicant was a fit and proper person to be authorised to drive a taxi-cab.