Bedi v Roads and Maritime Services [2014] NSWCATOD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bedi v Roads and Maritime Services [2014] NSWCATOD 87 Hearing dates: 30 April 2014 Decision date: 07 August 2014 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision of RMS to refuse to grant the applicant an authority to drive a taxi-cab is affirmed. Catchwords: Refusal of taxi-cab driver authority - misuse of Taxi Transport Subsidy Scheme dockets - whether fit and proper Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Administrative Decision Review Act 1997 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 McDonald v Director General of Social Security (1984) 1 FCR 354 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Lal v Director General, Department of Transport [2001] NSWADT 74 Category: Principal judgment Parties: Onkar Singh Bedi (Applicant) Roads and Maritime Services (Respondent) Representation: Smythe Wozniak (Respondent) File Number(s): 1420084

reasons for decision

Introduction 1Mr Onkar Singh Bedi is a 51-year-old man who was first granted an authority to drive taxi-cabs in 1997. In 1999, he was granted a licence as an accredited taxi operator. 2On 12 March 2013, Mr Bedi's authority to drive taxi-cabs was cancelled. In cancelling Mr Bedi's authority, Roads and Maritime Services (RMS) relied both on GPS tracking records and two interviews between officers of the RMS and Mr Bedi. In these interviews, which took place on 24 September 2012 and 5 March 2013, Mr Bedi admitted to accepting Taxi Transport Subsidy Scheme (TTSS) dockets for journeys which had not taken place. 3On 11 December 2013, Mr Bedi applied for a further taxi driver authorisation. Mr Bedi's application was refused by RMS on 3 January 2014. 4On 28 January 2014, Mr Bedi lodged an application for review to this Tribunal and on 30 April 2014, Mr Bedi appeared before the Tribunal in relation to this matter.