Menon v Director General, Transport NSW [2011] NSWADT 62

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Menon v Director General, Transport NSW [2011] NSWADT 62 Hearing dates: 14 March 2011 Decision date: 28 March 2011 Before: C Huntsman, Judicial Member Decision: The Tribunal decided to affirm the decision Catchwords: Suspension of licence, medical assessments Legislation Cited: Sections 33(3) and 33F Passenger Transport Act 1990, section 63 Administrative Decisions Tribunal Category: Principal judgment Parties: Bill Raghwan Menon (Applicant) Director General,Transport NSW (Respondent) Representation: B Menon (Applicant in person) Smythe Wozniak Solicitors (Respondent) File Number(s): 103301

reasons for decision

Background 1This was an application by Mr Menon, Applicant, for review of a decision of Transport New South Wales (the Respondent) to suspend the Applicant's driver authority. By letter dated 29 November 2010 the Applicant was advised of the Respondent's decision to suspend his public passenger vehicle driver authority (an authority to drive a taxi-cab). The Respondent advised that the Applicant had been recently requested to undergo a specialist medical examination in accordance with the medical standards for licensing and clinical management guidelines "Assessing Fitness to Drive Commercial Vehicle Drivers 2003" published by Austroads and the National Road Transport Commission. The examination resulted in a finding that the Applicant did not meet the medical standards as required and for this reason his authority to drive a public passenger vehicle was suspended, effective immediately. The written statement of reasons for the Respondent's decision, indicated that to facilitate the reinstatement of the Applicant's authority to drive a taxi-cab, the Respondent would require a report from the Applicant's neurologist outlining the Applicant's fitness to drive a public passenger vehicle in accordance with the commercial driver licensing medical standards. 2The Respondent notes that it is detailed in the Respondent's correspondence of 14 January 2011 to the Applicant, that the notice of suspension dated 29 November 2010 was issued by the Respondent after receiving a report from Professor Corbett indicating that the Applicant was not fit to be the holder of a commercial driver's license. Professor Corbett's report of 24 October 2010 notes that the Applicant has medical conditions of left internal capsular stroke with the right hemiparesis, diabetes type II, hyperlipidaemia, hypertension, diabetic retinopathy, and saccular aneurysm of the tip of the right internal carotid artery. On review Mr Menon was well with no new symptoms. Professor Corbett states that he confirmed the Applicant eyesight is significantly impaired, left 6/12, right 6/24. An MRI scan confirmed the aneurysm and that it was slightly more prominent than in 2006. A review by Dr Allen, Consultant Vascular Neurosurgeon, was recommended and Professor Corbett states that he does not think that the Applicant is fit for commercial driving, but can continue with private driving. Professor Corbett states: "His eyesight is marginal and the aneurysm is a contraindication to commercial driving". 3An application to the Tribunal by the Applicant for an urgent stay of the decision to suspend his driver authority resulted in a stay being granted on 11 January 2011, and it appears that this decision may have been largely based on a report from Dr Yiannikas. It was subsequently put to the Tribunal by the Respondent that Dr Yiannikas had not been advised of all medical details relevant to the Applicant's medical position, and the matter was relisted for hearing on 13 January 2011. On that date the previously granted stay of the decision to suspend the Applicant's taxi driver authority was rescinded. As a result the Applicant's taxi driver authority remains suspended. 4At a directions hearing held at the Tribunal on 25 January 2011, directions were made for the filing of further written material and the matter was listed for hearing on 14 March 2011.