JBC v Director-General, Department of Transport [2014] NSWCATOD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JBC v Director-General, Department of Transport [2014] NSWCATOD 82 Hearing dates: 21-25 October 2013 and 10 -11 February 2014 Decision date: 25 July 2014 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: Decision of Director-General to suspend bus operator accreditation affirmed. Catchwords: Accredited operator-not a fit and proper person-capacity to meet government standards of safety of passengers and the public and vehicle maintenance. Legislation Cited: Administrative Decisions Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: AJO v Director-General, Department of Transport [2012] NSWADT 101 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) 46 FLR 409. Farquharson -v- Director-General, Department of Transport [1999] NSWADT 53 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Jones v Dunkel & Anor (1959) 101 CLR 298 Nasour v Director-General, Transport NSW[2011] NSWADT 91 Pillai v Messiter [No.2] (1989) 16 NSWLR 197 Ratay -v- Director General, Department of Transport [2003] NSWADT 40 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Sara -v- Director General, Department of Transport [2003] NSWADT 157 Sobey v Commercial and Private Agents Board 20 SASR 70 Young v Roads and Maritime Services [2013] NSWADT 216 Category: Principal judgment Parties: JBC Roads and Maritime Services - Respondent Mr Wozniak Representation: Rayment (Respondent) JBC (Applicant in person) A Wozniak, Smythe Wozniak Solicitors (Respondent) File Number(s): 133169 Publication restriction: Order made under section 75 of the ADTA. Order prohibiting: (i) the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, any person (whether or not a party to proceedings before the Tribunal or a witness summoned by, or appearing before, the Tribunal), or (ii) the doing of any other thing that identifies, or may lead to the identification of, any such person.