Deep v Roads and Maritime Services [2014] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deep v Roads and Maritime Services [2014] NSWCATOD 22 Hearing dates: 13 November 2013 Decision date: 27 March 2014 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision under review is affirmed Catchwords: Taxi driver authority - cancellation - false insurance claim - failure to advise - seriousness Legislation Cited: Passenger Transport Act 1990 - Passenger Transport Regulation 2007 - Administrative Decisions Review 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: Aman Deep (Applicant) Roads and Maritime Services (Respondent) Representation: Aman Deep (Applicant in person) Smythe Wozniak (Respondent) File Number(s): 133254

reasons for decision

Introduction 1Mr Aman Deep is a 34-year-old man who, having been issued with a NSW driver's licence in 2008, was subsequently granted a driver authority to drive taxi-cabs on 14 January 2013. 2In February 2013, he pleaded guilty to one charge of false representation resulting in police investigation and one charge of dishonestly obtaining financial benefit by deception. According to the police facts sheet in this matter, Mr Deep had falsely claimed both to the police and to his insurance agency that his motor vehicle had been stolen, resulting in an insurance payment to Mr Deep of $11370. That the claim had been false was discovered when, by coincidence, police discovered Mr Deep's vehicle in a garage belonging to one of his associates. 3Mr Deep was fined $1200 and placed on a 12 month good behaviour bond which expires on 22 March 2014. Mr Deep failed to notify the Roads and Maritime Services (RMS) of his conviction, in breach of his obligation to do so under cl. 44(1)(a) of the Passenger Transport Regulation 2007, 4On 18 June 2013, RMS cancelled Mr Deep's taxi-cab driver authority. In its decision, RMS found that, as a result of his conviction and his failure to inform RMS of it, Mr Deep was no longer a fit and proper person for the purposes of the Passenger Transport Act 1990. An internal review upheld the decision to cancel Mr Deep's taxi-cab driver authority. 5On 27 August 2013, Mr Deep applied to the Administrative Decisions Tribunal, now the NSW Civil and Administrative Tribunal, (the Tribunal) for review of this decision. A stay was granted by the Tribunal on 3 September 2013.