Lee v Roads and Maritime Services [2014] NSWCATOD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Roads and Maritime Services [2014] NSWCATOD 12 Hearing dates: 16 January 2014 Decision date: 14 March 2014 Jurisdiction: Occupational Division Before: N Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: Bus driver - conditional licence - fit and proper person - Vehicle Monitoring Data Legislation Cited: Passenger Transport Act 1990 Civil and Administrative Tribunal Act 2013 Cases Cited: Shi v Migration Agents Registration Authority [2008] HCA 31 Lamb v Ministry of Transport [2005] NSWADT 82 Category: Principal judgment Parties: Wesley Lee aka Xiang Li (Applicant) Roads and Maritime Services (Respondent) Representation: W Lee (Applicant in person) with the assistance of an interpreter Smythe Wozniak (Respondent File Number(s): 133264

reasons for decision 1In September 2013 the Respondent formed the view that the Applicant was not a fit and proper person with sufficient responsibility and aptitude to drive a bus in accordance with the conditions under which the public passenger service is operated and in accordance with law and custom. Accordingly it decided to cancel his driver authority. The Applicant seeks review of that decision. 2On 1 January 2014, the NSW Civil and Administrative Tribunal (NCAT) was established. On its establishment the ADT was abolished (see s 7 and cl 3 of Schedule 1 of the Civil and Administrative Tribunal Act 2013 (the CAT Act). By reason of cl 7 of Schedule 1 of the CAT Act, this application is taken to be an application before the NSW Civil and Administrative Tribunal (NCAT), with the provisions of the GIPA Act continuing to apply.