Dawood v Roads and Maritime Services [2014] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dawood v Roads and Maritime Services [2014] NSWCATOD 9 Hearing dates: 29 November 2013, 21 January 2014 Decision date: 06 March 2014 Jurisdiction: Occupational Division Before: S Frost, Senior Member Decision: Taxi driver authority cancellation decision affirmed Catchwords: Passenger transport - taxi driver - whether driver authority should be cancelled - whether applicant fit and proper to drive taxis - whether applicant has sufficient responsibility and aptitude to drive taxis Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Passenger Transport Act 1990 Category: Principal judgment Parties: Ammar Dawood (Applicant) Roads and Maritime Services (Respondent) Representation: In person (Applicant) Mr A Wozniak (Respondent) File Number(s): 133299

reasons for decision 1The applicant, Ammar Dawood, had his taxi driver authority cancelled in October 2013. The regulator, Roads and Maritime Services (RMS), took this action following a long history of complaints made about Mr Dawood's taxi driving behaviour. 2Mr Dawood applied to the Administrative Decisions Tribunal (ADT) for review of RMS's cancellation decision. He was granted a stay of the decision, under s 60 of the Administrative Decisions Tribunal Act 1997, on 15 October 2013. As a result Mr Dawood has been allowed to continue driving taxis pending determination of his review application. 3I heard his application in the General Division of the ADT on 29 November 2013 and then, following the merger of the ADT into the Civil and Administrative Tribunal of New South Wales (NCAT) on 1 January 2014, I resumed the hearing in the Occupational Division of NCAT on 21 January 2014. At the end of the second hearing day I reserved my decision. I am authorised and required to determine the matter as a member of NCAT: clause 7(2) in Schedule 1 to the Civil and Administrative Tribunal Act 2013 (NCAT Act). Matters, such as this one, concerning the administrative review of decisions made under the Passenger Transport Act 1990 (the PT Act), which were formerly dealt with in the General Division of the ADT are dealt with in the Occupational Division of NCAT: s 52 of the PT Act and clause 4(1) in Schedule 5 to the NCAT Act.