Soliman v Director General, Transport NSW [2011] NSWADT 94

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Soliman v Director General, Transport NSW [2011] NSWADT 94 Hearing dates: 17 March 2011 Decision date: 17 March 2011 Jurisdiction: General Division Before: P. H. Molony, Judicial Member Decision: 1. Pursuant to s 55(3)(b) dispense with the requirement for internal review. 2. Stay refused. Catchwords: Passenger Transport Act - cancellation of authority - stay Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Cases Cited: Farquharson -v- Director General, Department of Transport [1999] NSWADT 53. Category: Interlocutory applications Parties: Soliman Soliman - Applicant Director General, Transport NSW - Respondent File Number(s): 113067 Publication restriction: Nil

REasons for decision

Introduction 1Mr Soliman has requested written reasons for the decision I made on 17 March 2011 to refuse his application for a stay of the decision to cancel his authority to drive a public passenger vehicle (taxi-cab) issued under the Passenger Transport Act 1990. These are those reasons.

Background 2On 9 March 2011 a delegate of the respondent determined to cancel Mr Soliman's taxi authority with immediate effect on the ground that Mr Soliman is not a fit and proper person with sufficient responsibility and aptitude to drive a taxi-cab. In making that assessment the delegate relied on the following facts which were set out in the notice of decision - - Complaint received from a female passenger about a journey in T7428 on 14/01/11 that the driver, Soliman Soliman, the holder of driver authority GC 6575, called her a 'fucking liar' numerous times all the way to her destination. The driver was very aggressive, intimidating and the passenger was concerned for her safety. You declined the opportunity to be interviewed about the complaint and Transport NSW subsequently issued you with a penalty infringement notice for not complying with Clause 35(b) of the Passenger Transport Regulation 2007- Driver not behave in orderly/ civil manner. - Infringement 3060138382 issued to you for the offence of Driver not behave in orderly/ civil manner for an alleged offence on 14 January 2011 while the driver of T7428. - Telephone call received by Compliance Officer Joseph Burns on 04 March 2011 from you about the issue of the infringement. You started to raise your voice during the call and although you were warned a number of times about your behaviour, the call was eventually terminated by Officer Burns. You rang the officer again, and raised your voice calling Officer Burns a racist. You became more aggressive and made comments that you would physically hurt Officer Burns. The call was again terminated. - Meeting at Transport NSW office at 16-18 Wentworth Street, Parramatta, on 8 March 2011 between Mark McIver, Manager, Compliance and Craig Webster, Team Leader, Compliance, and yourself to discuss your behaviour during a telephone conversation with Officer Burns on 04 March 2011. The requirements of Clause 43(b) of the Passenger Transport Regulation 2007 were read out to you outlining your obligation to behave in an orderly manner and with civility and propriety towards any passenger, intending passenger, driver of another public passenger vehicle or authorised officer. You became very aggressive and agitated towards the end of the meeting, standing approximately six inches from the face of one of the officers and screaming `I'm not gonna fuckin' discuss it' a number of times while the door to the meeting room was open. You continued this intimidating and unwarranted behaviour until you were told to leave the office or the Police would be called to remove you. - Failure to comply with Clause 44 of the Passenger Transport Regulation 2007 by not furnishing the Director-General with written details of any alleged traffic offence. A warning letter was issued to you about this requirement dated 29 April 2009. Since the warning letter was issued, you have not furnished the Director-General with written details of the following traffic infringements: ... 3On 14 March 2011 Mr Soliman applied to the Tribunal to review the decision to cancel his taxi-drivers authority. He also sought a stay of the cancellation pending a hearing of the review by the Tribunal. 4The stay application was listed before me on 17 March 2011. Mr Soliman was unrepresented, while the respondent was represented by Mr Wozniak. 5There was agreement that the Tribunal should dispense with the requirement for internal review under s 55(3)(b) of the Administrative Decisions Tribunal Act 1997 in order to protect Mr Soliman's interest, and enable his stay application to be heard. There was, however, no agreement that a stay should be granted.