AIC v Director General, Transport NSW [2011] NSWADT 189

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AIC v Director General, Transport NSW [2011] NSWADT 189 Hearing dates: 20 July 2011 Decision date: 08 August 2011 Jurisdiction: General Division Before: P H Molony, Judicial member Decision: Set aside the decision under review. Catchwords: Passenger Transport Act - taxi-cab authority - suspension Legislation Cited: Passenger Transport Act 1990 Cases Cited: Bidewy v Ministry of Transport [2008] NSWADT 31 Department of Transport and Infrastructure v Murray (GD) [2011] NSWADTAP 16 Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37 Farquharson -v- Director General, Department of Transport [1999] NSWADT 53 Hayden-v- Ministry of Transport [2008] NSWADT 261 Maythisathit and Registrar of Motor Vehicles [1996] ACT 165 Nasour v Director-General, Transport NSW [2011] NSWADT 91 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Category: Principal judgment Parties: AIC - Applicant Director General, Transport NSW - Respondent Representation: Marsdens Law Group (Applicant) Smythe Wozniak Solicitors(Respondent) File Number(s): 113108

REasons for decision

Introduction 1AIC is the holder of an authority to drive a taxi-cab issued under the Passenger Transport Act 1990 by Transport NSW (the agency). AIC has been driving taxis since the middle of 2009. 2On 28 February 2011 the agency advised AIC in writing of a decision to suspend his authority. The reason given for the suspension was that, through data matching with the NSW Police, it had been established that he had been charged with two counts of indecent assault where the victim was under the age of 10. 3AIC sought an internal review of that decision on 25 March 2011 and made submissions to the internal review. On 18 April 2011 the internal review affirmed the decision to suspend AIC's taxi authority. 4On 2 May 2011 AIC applied to the Tribunal to review the decision. On 31 May 2011 he made an application for a stay of the suspension decision. A stay was ordered until final determination.