See v Transport for NSW [2012] NSWADT 51

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: See v Transport for NSW [2012] NSWADT 51 Hearing dates: 13 March 2012 Decision date: 23 March 2012 Jurisdiction: General Division Before: C Huntsman, Judicial member Decision: The decision is affirmed. Catchwords: Criminal charges; burglary; serious offence; suspension of taxi driver authority Legislation Cited: Sections 4, 33(3), 33F Passenger Transport Act 1990 Cases Cited: Chowdhury v Department of Transport and Infrastructure [2010] NSWADT 199 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Department of Transport and Infrastructure v Murray (GD) 2011 NSWADTAP Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37 Nasour v Director-General, Transport NSW[2011] NSWADT 91 Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65 Category: Principal judgment Parties: Christopher John See (Applicant) Transport for New South Wales (Respondent) Representation: The Peoples Solicitors (Applicant) Smythe Wozniak Solicitors (Respondent) File Number(s): 123024

Judgment

Background 1This was an application by Mr Christopher John See, the applicant, for review of a decision of the respondent, Transport for New South Wales, to suspend his taxi driver authority. The respondent issued a notice of suspension by letter dated 17 January 2012. The statement of reasons attached to the notice detail that the respondent, when conducting data matching with the New South Wales police, identified that the applicant had been charged with criminal offences. The police report received by the respondent, as detailed in the statement of reasons, indicated that goods were stolen to the value of $450,000. 2The applicant applied to the tribunal for review of the decision to suspend his taxi driver authority, and also for a stay of the reviewable decision. The tribunal refused to stay the decision and made directions to progress the hearing of the matter. 3The applicant has driven taxis since 1990. During this period he has also been in full-time employment in the Commonwealth Public Service.