Assadourian v Roads and Maritime Services (GD) [2013] NSWADTAP 46

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Assadourian v Roads and Maritime Services (GD) [2013] NSWADTAP 46 Hearing dates: 8 May 2013 Decision date: 22 October 2013 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President S Frost, Judicial Member M Bolt, Non-judicial Member Decision: 1. The appeal is dismissed as it relates to the Tribunal's decision to affirm the decision to disqualify the appellant from holding an operator's licence. 2. The appeal as it relates to the appellant's driver certificate is extended to the merits. The Registrar is to fix a date for the making of directions for the hearing on the merits. Catchwords: OCCUPATIONAL REGULATION - Tow Truck Industry - Operator Licence - Driver certificate - Tribunal affirmed administrator's decisions to disqualify applicant from both authorities - reduced period of disqualification - Appeal - Operator decision affirmed - Fitness may vary having regard to nature of authority - Operator history not necessarily relevant to driver certificate - Conduct as driver during stay period to be taken into account - Leave granted to extend appeal to merits Legislation Cited: Administrative Decisions Tribunal Act 1997 Tow Truck Industry Act 1998 Cases Cited: Assadourian v Roads and Traffic Authority [2013] NSWADT 6 Assadourian v Roads and Traffic Authority of New South Wales (Northern Region) [2011] NSWSC 1052 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Burton v Anderson, unreported, 28 September 1994, Court of Appeal Collector of Customs v Pozzolanic [1993] FCA 456; (1993) 43 FCR 280 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187 Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 Minister for Aboriginal Affairs v Peko-Wallsend [1986] HCA 40; 162 CLR 24 Minister for Immigration and Multicultural Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Singh v Director-General, Department of Finance and Services [2011] NSWADT 296 Category: Principal judgment Parties: John Assadourian (Appellant) Roads and Maritime Services (Respondent) Representation: Counsel M Condon SC (Appellant) K Eastman SC (Respondent) Sage Solicitors (Appellant) Smythe Wozniak Legal (Respondent) File Number(s): 139004 Decision under appeal Citation: Assadourian v Roads and Traffic Authority [2013] NSWADT 6 Date of Decision: 2013-01-11 00:00:00 Before: General Division File Number(s): 093327, 113148