Miah v Roads and Maritime Services [2013] NSWADT 264

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Miah v Roads and Maritime Services [2013] NSWADT 264 Hearing dates: 14 November 2013 Decision date: 21 November 2013 Jurisdiction: General Division Before: GD Walker, Judicial Member Decision: The decision under review is affirmed Catchwords: Taxi driver authority - cancellation - false statutory declarations - seriousness -hardship irrelevant Legislation Cited: Administrative Decisions Tribunal Act 1997 Oaths Act 1900; Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Ghachame v Roads and Maritime Services [2013] NSWADT 144 Lal v Director-General, Department of Transport [2001] NSWADT 74 R v Einfeld [2009] NSWSC 119 Saadieh v Director-General, Department of Transport [1999] NSWADT 68 Sara v Director-General, Department of Transport [2003] NSWADT 157 Re T and Director-General of Youth and Community Services [1980] 1 NSWLR 392. Category: Principal judgment Parties: Mohammed Rubel Miah (Applicant) Roads and Maritime Services (Respondent) Representation: Oxford Lawyers (Applicant) Smythe Wozniak (Respondent) File Number(s): 133255

reasons for decision

Background 1The applicant Mohammed Rubel Miah was born in Bangladesh on 7 August 1983. He obtained a New South Wales driver's licence in 2006. In January 2008 he was granted taxicab driver authority GR 1959 and in May 2008 taxicab operator accreditation No. 35569. 2By letter dated 21 August 2013 the respondent Roads and Maritime Services (RMS) cancelled the applicant's operator accreditation and driver authority with immediate effect. On 26 August 2013 the applicant applied to this tribunal for a review of the cancellation decision. 3At the hearing the applicant withdrew his review application in relation to the operator accreditation. This case therefore concerns only his taxicab driver authority No. GR 1959. 4Section 33 of the Passenger Transport Act 1990 (PT Act) provides as follows: 33 Authorities (1) RMS may, by the issue of authorities under this Division, authorise persons to drive taxi-cabs, subject to and in accordance with this Division. A person authorised under this Division is referred to in this Part as an "authorised taxi-cab driver". (2) A person who drives a taxi-cab is guilty of an offence unless the person is an authorised taxi-cab driver. Maximum penalty: 100 penalty units. (3) The purpose of an authority under this Division is to attest: (a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a taxi-cab, and (b) that the authorised person is considered to have sufficient responsibility and aptitude to drive a taxi-cab: (i) in accordance with the conditions under which the taxi-cab service concerned is operated, and (ii) in accordance with law and custom. (4) The regulations may create categories or grades of authorities. (5) Without limitation, the regulations may provide that subsection (2) does not apply in specified circumstances, including, for example, when a taxi-cab is being driven to a place to have it repaired or serviced. 5Section 33F of the PT Act states that "Having regard to the purpose of an authorisation under this Division, RMS may at any time vary, suspend or cancel any person's authority under this Division".