Mattar v Roads and Maritime Services [2012] NSWADT 274

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mattar v Roads and Maritime Services [2012] NSWADT 274 Hearing dates: 30 July and 9 October 2012 Decision date: 20 December 2012 Jurisdiction: General Division Before: Judicial Member C Huntsman Decision: The decision is affirmed Catchwords: Allegations of demanding more than prescribed fare and cabcharge fraud; whether fit and proper person; whether taxi driver authority should be cancelled Legislation Cited: Sections 33, 33F Passenger Transport Act 1990; section 63 Administrative Decision Tribunal Act 1997 Cases Cited: AJO v Director-General Department of Transport [2012] NSWADT 101 Category: Principal judgment Parties: Joe Mattar (Applicant) Roads and Maritime Services ( Respondent) Representation: J Mattar (Applicant, in person) Smythe Woznaik Legal (Respondent) File Number(s): 123081

REASONS FOR DECISION

Background 1This was an application by Mr Mattar, the Applicant, for review of a decision of the Respondent, Roads and Maritime Services, to cancel his authorisation to drive taxicabs. On 6 March 2012 the Respondent made a decision which was notified to the Applicant by letter dated 8 March 2012. 19 March 2012 the Applicant applied for internal review of the decision. The Respondent on 5 April 2012 on internal review affirmed the decision. The Applicant then sought review by the Tribunal. 2It was stated by the Respondent in the internal review decision, that the Applicant's authorisation was cancelled because of his extensive complaints history. The Respondent alleged that the complaints history included a predominance of complaints, against the Applicant for demanding more than the prescribed fare. The Respondent notes that the Applicant was required to undertake retraining in 2009 because of the then number of complaints against him, and that complaints have continued to be made. The Respondent found that the extensive complaints history bears on the Applicant's reputation and indicates that he does not have sufficient responsibility to drive a public passenger vehicle in accordance with the law and custom. 3The Applicant was first issued with a taxi driver authority on 11 October 1994.