Skocic v Roads and Maritime Services [2014] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Skocic v Roads and Maritime Services [2014] NSWCATOD 25 Hearing dates: 22nd January 2014 Decision date: 31 March 2014 Before: A Scahill, Senior Member Decision: The decision under review is set aside. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Category: Principal judgment Parties: Zeljko Skocic (Applicant in person) Roads and Maritime Services (Respondent) Representation: Zeljko Skocic (Applicant in person) S Wozniak Solicitors (Respondent) File Number(s): 133352

reasons for decision 1The Applicant Mr Skocic has brought these proceedings seeking review of a determination by the Respondent that the Applicant's authority to drive buses be cancelled under the provisions of the Passenger Transport Act 1990. This determination was made on 26th November 2013.

Reasons for cancellation 2The Respondent had become aware of 2 criminal convictions of Mr Skocic in the Ryde Local Court on 30 August 2013 through data matching. The convictions were for Assault occasioning actual bodily harm and Common Assault. As a result of the convictions Mr Skocic had been placed on a good behaviour bond for 2 years and fined $600 pursuant to Section 9 of the Crimes (Sentencing Procedure) Act 1999. The victim had been Mr Skocic's wife. 3The Respondent wrote to Mr Skocic on 16 October 2013 asking him to show cause as to why his driver authority should not be cancelled. The Respondent's Statement of Reasons said that the Respondent could no longer attest that Mr Skocic was a fit and proper person for the purpose of being authorised to drive a public passenger vehicle. 4Mr Skocic's solicitors responded to the Show Cause letter with a submission dated 5th November 2013. 5On 26 November 2013, the Respondent wrote to Mr Skocic advising it had determined to cancel his driver authority. The Statement of Reasons set out that the reason for the cancellation was that the convictions in Ryde Local Court on 30 August 2013 meant that the respondent could no longer attest to Mr Skocic as being a fit and proper person to hold a driver authority. 6Mr Skocic lodged his Application for Review in the ADT on 30 November 2013. He was granted a stay of the cancellation by the ADT pending the outcome of the Application on 4th December 2013 - with a condition that he continue counselling.