Khan v Roads and Maritime Services [2014] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khan v Roads and Maritime Services [2014] NSWCATOD 23 Hearing dates: 16 January 2014 Decision date: 28 March 2014 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: Taxi driver - Taxi Transport Subsidy Scheme - abuse of scheme Legislation Cited: Passenger Transport Act 1990 Cases Cited: Lal v Director-General, Department of Transport [2001] NSWADT 74 Saadieh v Director General, Department of Transport [1999] NSW ADT 68 Sara v Director-General, Department of Transport [2003] NSWADT 157 Category: Principal judgment Parties: Shah Zareen Khan (Applicant) Roads and Maritime Services (Respondent) Representation: Mr M Jools (Agent for Applicant) Mr A Wozniak, Smythe Wozniak Legal (Respondent) File Number(s): 133378

reasons for decision 1The respondent formed the view that the applicant was not a fit and proper person with sufficient responsibility and aptitude to drive a taxi-cab. Accordingly it decided to cancel the applicant's taxi driver authority. The applicant seeks review of that decision.

The relevant legislation 2The relevant legislation for the purposes of this application for review is the Passenger Transport Act 1990 (the Act). 3Section 33F of the Act provides as follows: Having regard to the purpose of authorisation under this Division, [the respondent] may at any time vary, suspend or cancel any person's authority under this Division. 4The purpose of authorisation, referred to in that section, is exposed in s 33(3) of the Act in the following terms: (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. 5This case turns on the question as to whether Mr Khan meets the standards set out in paragraphs (a) and (b) of s 33(3).