Attar v Roads and Maritime Services [2013] NSWADT 135

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Attar v Roads and Maritime Services [2013] NSWADT 135 Hearing dates: 24 May 2013 Decision date: 12 June 2013 Jurisdiction: General Division Before: C Huntsman, Judicial member Decision: The decision is affirmed Catchwords: History of complaints, prior cancellation decision, application for driver authority after a lapse of time since cancellation; alleged credit card fraud by driver Legislation Cited: Passenger Transport Act 1990 Cases Cited: Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65; AJO v Director-General Department of Transport [2012] NSWADT 101 Category: Principal judgment Parties: Syed Awais Athar (Applicant) Roads and Maritime Services (Respondent) Representation: S Athar (Applicant in person) Smythe Wozniak Legal (Respondent) File Number(s): 133058

REASONS FOR DECISION

Background 1This was an application by Mr Attar, the applicant, for review of a decision by Roads and Maritime Services, the respondent, to refuse his application for a taxi driver authority. 2The applicant was initially authorised as a driver of taxicabs in June 2002. He first applied in November 2001, his application was deferred because there was an outstanding offence before a Local Court. A letter on the respondent's file from the applicant's then solicitor indicates that the offence was in relation to a domestic assault (neighbour) and the respondent decided, after receiving the letter, to allow the applicant to continue to complete training in support of his application for a taxi driver authority. His taxi driver authority was subsequently authorised in June 2002. 3There were a series of complaints by customers, which were investigated by taxi network operators (and some complaints were notified to the respondent, this is further detailed below). In 2007, due to allegations of credit card fraud, or ticket/docket fraud, the applicant was requested to undertake training. The applicant requested further time to undertake the training and after expiration of the extended period, by letter of 9 August 2007, the respondent notified the applicant that he as had not undertaken the required training his authority was suspended. Subsequently the applicant confirmed that he had completed the training within the extended period and the authority reinstated. 4Further complaints were received, as detailed below, and the applicant was issued with a Notice to Show Cause dated 4 December 2009. A file note indicates that an officer of the respondent discussed the Show cause letter with the applicant by telephone on 10 December 2009. The applicant also provided a letter in response to the Notice to Show Cause, which was received by the respondent on 22 December 2009. A decision was made, dated 21 January 2010, by the respondent, to cancel the applicant's taxi driver authority. The authority card was not returned by the applicant, and a letter was sent by the respondent, dated 1 March 2010, referring to the fact that his authority and been cancelled in January and requesting return of the authority immediately. On 26 March 2010 a penalty notice was posted to the applicant for an offence of 1 March 2010 - not returning the authority card. 5On 29 November 2010 a penalty notice was issued to the applicant. In that notice it was recorded that at 9.43am in Mascot the applicant drove the taxi vehicle without being authorised to drive a taxi. The penalty notice states: driver was pulled over and asked to produce authority, produced authority G02793, check indicated authority cancelled. Checked on database which confirmed authority cancelled 15 January 2010. The penalty notice was posted to the applicant on 1 December 2010. 6The applicant applied for a taxi driver authority on 30 November 2011, and on 8 February 2011, the respondent decided to refuse that application. 7On 5 February 2013 the applicant lodged a new application for a taxi driver authority and the respondent made a decision to refuse the application on 13 February 2013. The applicant lodged an application for review of this decision by the tribunal on 7 March 2013. The applicant annexed documents in support of his review application to the tribunal application form. These documents will be further discussed below. At a directions hearing at the tribunal on 2 April 2013, an order was made pursuant to section 55(3)(b) of the Administrative Decisions Tribunal Act (ADT Act) that the application for review proceed despite no internal review decision. 8It is the applicant's application for review of the decision of the respondent, of 13 February 2013, to refuse the applicant's application for a taxi driver authority, which is the subject of the current review by the tribunal.