Smith v Roads and Maritime Services [2014] NSWCATOD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Roads and Maritime Services [2014] NSWCATOD 80 Hearing dates: 12 May and 15 June 2014 Decision date: 23 July 2014 Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed Catchwords: Bus driver -medical assessment - deafness - failure to provide medical evidence as requested Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 at [639-645]. Texts Cited: "Assessing Fitness to Drive for Commercial and Private Vehicle Drivers" published by the National Transport Commission Category: Principal judgment Parties: Colin Smith (Applicant) Roads and Maritime Services (Respondent) File Number(s): 1420101

reasons for decision 1In November 2013 the Respondent decided to suspend the applicant's driver authority because he had failed to supply a specialist medical report in relation to his hearing. That decision was affirmed on internal review and the Applicant now seeks review of that decision.

The relevant legislation and Guidelines 2The relevant legislation for the purposes of this application for review is the Passenger Transport Act 1990 ('the Act') and Passenger Transport Regulation 2007 ('the Regulation'). 3Section 14 of the Act states: Having regard to the purpose of an authority, RMS may at any time vary, suspend or cancel any person's authority. 4 One of the criteria for authorisation to drive a public passenger vehicle is that an applicant must meet any criteria set out in the regulations and must satisfy RMS as to any matter RMS considers relevant: s.12(2) of the Act and Reg. 29(1). Regulation 29(2)(d) provides that a must have passed an examination or assessment, at a level determined by the respondent, in medical fitness. 5Fitness to drive a public transport vehicle is determined in accordance with the Guidelines "Assessing Fitness to Drive for Commercial and Private Vehicle Drivers" published by the National Transport Commission ('the Guidelines').