Singh v Roads and Maritime Services [2014] NSWCATOD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Roads and Maritime Services [2014] NSWCATOD 78 Hearing dates: 7 July 2014 Decision date: 21 July 2014 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: The decision under review is set aside Catchwords: Taxi driver - domestic violence - good behaviour bond - fit and proper person Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Administrative Decisions Review Act 1997 Crimes (Sentencing Procedure) Act 1999 Category: Principal judgment Parties: Jagvinder Singh (Applicant) Roads and Maritime Services (Respondent) Representation: J Singh (Applicant in person) Wozniak, solicitor (Respondent) File Number(s): 1420162

reasons for decision

Background 1In August 2012 the applicant was charged common assault and assault occasioning actual bodily harm against members of his family. He pleaded guilty and on 12 November 2012 and received a sentence of bond under s. 9 of the Crimes (Sentencing Procedure) Act 1999 - a good behaviour bond - for three years and a suspended sentence under s.12 of that Act. As part of his bond conditions he was required to have mental health monitoring, and to take medication and undergo counselling for anger management. He appealed to the District Court against the severity of the sentence and on 1 February 2013 the appeal was dismissed, but the order was varied to s.9 bonds. Apprehended violence orders which had been made by the Local Court were revoked. 2The Respondent formed the view that the applicant was not a fit and proper person with sufficient responsibility and aptitude to hold a taxi-cab authority. Accordingly it decided to cancel the applicant's taxi driver authority. The applicant sought review of that decision and that matter came for hearing before JM Huntsman on 17 June 2013 and delivered an ex tempore decision that day, affirming the decision under review. 3The applicant, no doubt encouraged by some aspects of the decision, arranged a psychologist's report upon which he sought to rely when he appealed to the Appeal Panel. On 28 November 2013 his appeal was dismissed as he was unable to identify a question of law. 4The applicant sought reinstatement of his authority but his application was refused. The Respondent remained of the view that the applicant is not a fit and proper person to hold a public passenger driver authority. The applicant seeks review of that decision.