Tokyurek v Roads and Maritime Services [2013] NSWADT 297

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Tokyurek v Roads and Maritime Services [2013] NSWADT 297 Hearing dates: 13 November 2013 Decision date: 24 December 2013 Before: S Leal, Judicial Member Decision: The decision to cancel the Applicant's authority to drive a taxi-cab is affirmed Catchwords: Passenger Transport Act - cancellation of taxi-cab driver authority - misuse of Cabcharge vouchers - whether fit and proper. Legislation Cited: Passenger Transport Act 1990 Administrative Decisions Tribunal Act 1997. Cases Cited: McDonald v Director General of Social Security (1984) 1 FCR 354 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Lal v Director-General, Department of Transport [2001] NSWADT 74 Category: Principal judgment Parties: Yucel Tokyurek (Applicant) Roads and Maritime Services (Respondent) Representation: Y Tokyurek (Applicant in person) Smythe Wozniak (Respondent) File Number(s): 133311

reasons for decision

Background 1Mr Tokyurek, who is the applicant in this case, was first granted an authority to drive taxi-cabs in 2005. 2On 2 September 2013, Mr Tokyurek was advised that Roads and Maritime Services (RMS) was considering cancelling his driver authority and wished to invite him to make submissions as to why his authority should not be cancelled. RMS relied on allegations that Mr Tokyurek had fraudulently obtained and used Cabcharge dockets to obtain benefits by deception. 3In his reply to RMS, Mr Tokyurek admitted to having fraudulently obtained twelve Cabcharge vouchers, which he had then presented and from which he had gained a benefit. He stated that he has since paid back $3800 of the total amount of $5200 and apologised for his actions. 4On 9 October 2013, RMS cancelled Mr Tokyurek's driver authority and on 17 October 2013, Mr Tokyurek applied to this Tribunal for a review of this decision. An application to stay the decision in this matter was refused on 22 October 2013.