Soliman v Director General, Transport NSW (No 2) [2011] NSWADT 223

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Soliman v Director General, Transport NSW (No 2) [2011] NSWADT 223 Hearing dates: 23 June 2011 Decision date: 16 September 2011 Jurisdiction: General Division Before: C Huntsman, Judicial member Decision: The decision is affirmed Catchwords: Taxi driver authority, fit and proper person, cancellation of authority Legislation Cited: Sections 33 and 33F of the Passenger Transport Act; clause 35 Passenger Transport Regulation 2007 Cases Cited: Department of Transport and Infrastructure v Murray (GD) 2011 NSWADTAP 16; Chowdhury v Department of Transport and Infrastructure [2010] NSWADT 199;Saadieh v Director General, Department of Transport [1999] NSWADT 68;Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37;Caska v The Director General of the New South Wales Department of Transport [2001] NSWSC 205 Category: Principal judgment Parties: Solimon Solimon (Applicant) Director General Transport NSW (Respondent) Representation: Ghobrial Legal (Applicant) Smythe Wozniak (Respondent) File Number(s): 113067

Reasons for decision

Background 1On 9 March 2011 the respondent, Transport New South Wales, made a decision to cancel Mr Soliman's authority to drive a taxicab. This decision was notified to Mr Soliman, the applicant, by letter dated 9 March 2011. Internal review of this decision was requested on 11 March 2011 and on internal review the decision was affirmed. The applicant sought review by the tribunal. 2The statement of reasons issued by the respondent indicates that the respondent received a complaint about the applicant's behaviour and conduct towards a female passenger during a journey on 14 January 2011. It is alleged by the female passenger that the applicants swore at her, was aggressive and intimidating, throughout the journey. The respondent states that the officer of the respondent investigating the complaint, invited the applicant to the office to discuss the complaint, but the applicant declined. A penalty infringement notice for not complying with clause 35 (b) of the Passenger Transport Regulation 2007 - driver not behave in orderly/civil manner, was issued to the applicant. It is said that on 4 March 2011 the applicant contacted the investigating officer by telephone, and that during the telephone conversation the applicant threatened physical harm to the officer. The respondent states that on 8 March 2011 the applicant attended the offices of the respondent for a scheduled meeting with senior compliance officers about his behaviour during the phone conversation with the officer (Mr Burns) on 4 March 2011. It is said that during this meeting the applicant became aggressive, stood over an officer (Mr Webster) swearing at him and that his behaviour was intimidating and threatening, and that he was asked to leave the office. The respondent's view is that the applicant is not a fit and proper person to be authorised to drive a taxicab. The respondent further states (in the internal review decision statement of reasons) that the complaints history bears upon the applicant's reputation and raises questions as to whether he has sufficient responsibility to drive a public passenger vehicle in accordance with the law and custom. 3In his application the applicant states that he has been unfairly treated, he was not given an opportunity to show his side of the story, he was misled into believing that the paperwork will indicate the passenger's claim, instead he received an infringement notice. He said he was not permitted to offer his side of the story the second time around. At the hearing the applicant provided further material and submissions in support of his application for review, this is discussed further below.