Mroue v Department of Transport and Infrastructure [2012] NSWADT 43

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mroue v Department of Transport and Infrastructure [2012] NSWADT 43 Hearing dates: 21 December 2011 Decision date: 19 March 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed Catchwords: Hire-Car driver authority, Operator Accreditation, fit and proper person, repute Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Chowdhury v Department of Transport and Infrastructure [2010] NSWADT 199 Department of Transport and Infrastructure v Murray (GD) 2011 NSWADTAP 16 Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37 Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Murray v Department of Transport and Infrastructure [2010] NSWADT 295 Nasour v Director-General, Transport NSW[2011] NSWADT 91 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Category: Principal judgment Parties: Zahe Mroue (Applicant) Department of Transport and Infrastructure (Respondent) Representation: Hanna Legal (Applicant) Smythe Wozniak (Respondent) File Number(s): 113038

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant held an authority, accreditation and licence to operate a hire car vehicle under the Passenger Transport Act 1990 ("the Act"). A delegate of the Director-General of the Department of Transport and Infrastructure ("the Department") determined to cancel each of those credentials. The Applicant has applied to the Tribunal for external review of the determination. He is not pursuing the matter insofar as it relates to his licence to operate a hire car vehicle. The driver authority and accreditation remain as the subjects of the present review.