Bahloul v Roads & Maritime Service [2013] NSWADT 200

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Bahloul v Roads & Maritime Service [2013] NSWADT 200 Hearing dates: 18 July 2013 Decision date: 18 July 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed. Catchwords: Authority to drive a taxi cab - suspension - fit and proper person Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Assi v Director General Transport NSW [2012] NSWADT 7. Caska v The Director General of the New South Wales Department of Transport [2001] NSWSC 205 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Category: Principal judgment Parties: Anter Bahloul (Applicant) Roads & Maritime Service (Respondent) Representation: L Ndou, Bazzi Lawyers (Applicant) P Culbert, Smythe Wozniak Legal (Respondent) File Number(s): 133118

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant held a driver authority under the Passenger Transport Act 1990 ("the Act"). By a Notice of Decision dated 5 March 2013 a delegate of the Respondent advised the Applicant that the Respondent had determined to suspend his driver authority and to issue a Notice to Show Cause as to why his authority should not be cancelled.

Reasons for the determination 2The statement of reasons for the determination stated: 1. Facts, Evidence and Material RMS relies on the following facts, evidence and material to make the decision to suspend your driver authority GQ8580. COMPLAINTS HISTORY Since 4 February 2013 you have been the subject of two (2) complaints. 1.1 On 6 March 2013, Taxis Combined Services (TCS) received a complaint relating to the driver of taxi-cab 1002 masturbating whilst conveying a female passenger. The female advised that the driver conveyed her boyfriend and her from Bourke Street to Pyrmont. After her boyfriend left the taxi she then proceeded in the taxi intending to go to The Rocks. The driver then removed his belt from his waist and then pulled his pants down slightly. The driver was staring at the female passenger seated in the rear and started to masturbate however he covered his crotch area with a towel or jumper. The female ended the journey prior to arriving at her preferred destination. The driver subject of the complaint was identified by TCS as Anter Bahloul, Driver's Authority GQ8580. RMS investigated the matter. The above complaint shows a pattern of behaviour and is of concern to RMS. 1.2 On 4 February 2013, Taxis Combined Services (TCS) received a complaint relating to the driver of taxi-cab T1201 masturbating whilst conveying three female passengers. The females entered the taxi at Kings Cross to travel to Surry Hills. The driver then started to masturbate and the females ended the journey prior to arriving at their preferred destination. The driver subject of the complaint was identified by TCS as Anter Bahloul, Driver's Authority GQ8580. Surry Hills LAC are currently investigating this matter. The above complaint shows a pattern of behaviour and is of concern to RMS. ... 3. Reasons for the decision 3.1 You have been the subject of two (2) complaints regarding unacceptable conduct towards passengers since February 2013. The complaints are of a similar nature and include masturbation whilst conveying female passengers. 3.2 RMS has a continuing obligation under the Passenger Transport Act 1990 (NSW) to ensure that public passenger services meet the reasonable expectations of the community for safe, reliable and efficient passenger transport services including the requirement that persons authorised to drive public passenger vehicles are of good repute and in all other respects fit and proper. 3.3 A public passenger vehicle driver has a continuing responsibility to ensure that he is a "fit and proper person". Your complaint history relating to poor customer service demonstrates that you have failed to appreciate the level of responsibility required in the public interest to hold an authority to drive public passenger vehicles. Accordingly, the determination has been made to suspend your taxi driver authority GQ8580 effective immediately. 3The Applicant has applied to the Tribunal for external review of the determination. The matter came before me for hearing on 18 July 2013. I determined that the suspension should be affirmed and I gave brief reasons for my decision. The Applicant has requested written reasons for the decision and these reasons are provided in response to that request.