Assi v Department of Transport and Infrastructure [2011] NSWADT 192

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Assi v Department of Transport and Infrastructure [2011] NSWADT 192 Hearing dates: 1 March 2011 Decision date: 11 August 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is set aside. Catchwords: Passenger Transport Act - taxi-cab authority - suspension Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Cases Cited: 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 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Ware v Director General, Transport NSW [2011] NSWADT 189 Category: Principal judgment Parties: Joubran Assi (Applicant) Department of Transport and Infrastructure (Respondent) Representation: Counsel: G Jauncey, (Applicant) Barakat Lawyers (Applicant) Smythe Wozniak, (Respondent) File Number(s): 103256

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Mr Assi is the holder of an authority to drive a taxi-cab issued under the Passenger Transport Act 1990 ("the Act") by the Department of Transport and Infrastructure ("the respondent").

Background 2Mr Assi has been driving taxis since 1990. On 7 October 2010 the respondent took the decision to suspend Mr Assi's authority. The reason given for the suspension was that Mr Assi had been charged with three counts of sexual assault on a person under the age of 10. 3Mr Assi applied to the Tribunal to review the suspension decision. He also made an urgent application for a stay of the decision. A stay was ordered until further order of the Tribunal and remains in place.