Baldacchino v Director General, Department of Finance and Services [2013] NSWADT 24

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Baldacchino v Director General, Department of Finance and Services [2013] NSWADT 24 Hearing dates: 21 September 2012 Decision date: 04 February 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The Tribunal affirms the decision to cancel Mr Baldacchino's licence, but the decision to disqualify from obtaining a licence in the future is set aside Catchwords: Motor Vehicle Repairer - disciplinary action - receiving - fit and proper person -cancellation - disqualification Legislation Cited: Administrative Decisions Tribunal Act 1997 Crimes Act 1900 Crimes (Sentencing Procedures) Act 1999 Motor Vehicle Repairs Act 1980 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Carr v Director-General, Department of Finance and Services (formerly Department of Services, Technology and Administration) [2011] NSWADT 157 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Haining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Ng & anor v Commissioner for Fair Trading, NSW Office of Fair Trading & anor [2007] NSWADT 259 Obradovic -v- Commissioner for Fair Trading, Office of Fair Trading (GD) [2006] NSWADTAP 18 Pillai v Messiter [No.2] (1989) 16 NSWLR 197 Sobey v Commercial and Private Agents Board 20 SASR 70 Category: Principal judgment Parties: Alexander Baldacchino (Applicant) Director General, Department of Finance and Services (Respondent) Representation: PJM Lawyers (Applicant) W Maynard, Legal Officer (Respondent) File Number(s): 123163