Auelua v Department of Transport and Infrastructure [2011] NSWADT 268

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Auelua v Department of Transport and Infrastructure [2011] NSWADT 268 Hearing dates: 23 August 2011 Decision date: 16 November 2011 Jurisdiction: General Division Before: Carolyn Huntsman, Judicial Member Decision: The decision is affirmed Legislation Cited: Sections 33, 33F Passenger Transport Act 1990, and clause 35 Passenger Transport Regulation 2007 Cases Cited: 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 Department of Transport and Infrastructure v Murray (GD) 2011 NSWADTAP 16 Category: Principal judgment Parties: Tauese Auelua (Applicant) Transport for NSW (Respondent) Representation: Bondi Law, (Applicant) Smythe Wozniak Legal, (Respondent) File Number(s): 103312

reasons for decision

Background 1This was an application by Mr Auelua, the applicant, seeking a review of a decision by the Director-General, Transport New South Wales, of 7 September 2010, to cancel the applicant's authority to drive a taxi. The applicant sought internal review of the decision and on internal review on 12 November 2010 the respondent affirmed the decision. On 10 December 2010 the applicant sought review by the tribunal. The tribunal on 25 January 2011 granted a stay of the decision pending hearing of the matter. The matter was listed for hearing on 10 June 2011 and on that date the applicant gave some evidence and the matter was adjourned, part heard, for further hearing. The matter was next listed for hearing on 23 August 2011, and on that date the tribunal heard further evidence and the decision was reserved. 2The respondent indicates in the reasons for decision for the internal review decision that the applicant was issued a taxi authority in February 2007 and on 7 September 2010 a decision was made to cancel the applicant's authorisation to drive a taxi. The internal review decisions states that the cancellation of the authority was a result of the following: the complaints history relating to aggressive or violent behaviour towards passengers and/or other road users; the infringement notice history including convictions for same; criminal convictions of 3 June 2003, 30 January 2001, 9 March 1999, 15 December 1998, and recent charges of 5 March 2010. In particular the respondent took into account a complaint of incivility/inproprietary/assault of 9 June 2010 in relation to a bus driver at St Leonards. The respondent states that the complaint of 9 June 2010 is supported by the records obtained under CCTV footage (this is detailed in the statement of reasons to the initial decision) and a notice to show cause was issued. The respondent was not satisfied with the applicant's response to the notice to show cause, as detailed in the statement of reasons. The respondent states that the complaints history indicates aggressive or violent behaviour towards passengers or other road users which casts doubt about the applicant's fitness to hold an authority to drive a taxi cab, and his ability to carry out the duties and responsibilities according to law and custom. 3The applicant states in the application for review that he believes he is a fit and proper person to hold an authority and is a person of good repute. The applicant provided further evidence at the hearing as detailed below.