BHT v Roads and Maritime Services [2014] NSWCATAD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BHT v Roads and Maritime Services [2014] NSWCATAD 85 Hearing dates: 20 May 2014 Decision date: 25 June 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: Applicant does not presently satisfy medical criteria as she is required to do by section 12 of the PTA. The decision to suspend under section 14 for failure to satisfy the criteria was the correct and preferable decision. Catchwords: Medical criteria Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Passenger Transport (Drug and Alcohol Testing) Regulation 2010. Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Department of Transport and Infrastructure v Murray (GD) [2011] NSWADTAP 16 Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Howell v Macquarie University [2008] NSWCA 26 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 at 9 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Lo v Director-General, Department of Transport [2002] NSWADT 101 Lal v Director-General, Department of Transport [2001] NSWADT 74 Loye -v- Director General, Department of Transport [2000] NSWADT 145 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70. Category: Principal judgment Parties: BHT Applicant Roads and Maritine Servcies- Respondent Representation: Mr Lawler - Agent (Applicant) Smythe Wozniak Solicitors (Respondent) File Number(s): 1420138