Rifahi v Roads and Maritime Services [2014] NSWCATOD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rifahi v Roads and Maritime Services [2014] NSWCATOD 88 Hearing dates: 22 April 2014 Decision date: 08 August 2014 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: The Tribunal orders the decision under review be set aside. Catchwords: Fit and proper, good repute Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Category: Principal judgment Parties: Mohammed Rifahi (Applicant) Roads and Maritime Services (Respondent) Representation: Nikola Velcic Solicitors (Applicant) Smythe Wozniak Solicitors (Respondent) File Number(s): 1420137

reasons for decision 1The Applicant Mr Rifahi has brought these proceedings seeking review of a determination by the Respondent that his authority to drive taxi-cabs be cancelled under the provisions of the Passenger Transport Act 1990 (PTA). This determination was made on 13 March 2014.

Reasons for cancellation 2The Respondent had become aware of 2 criminal convictions of Mr Rifahi in the Local Court at Bankstown on 29 January 2014 through data matching. The 2 convictions were for Assault Occasioning Actual Bodily Harm on 14 October 2013. As a result of the convictions Mr Rifahi was sentenced to 18 months imprisonment to be served as an intensive correction order in the community from 5th February 2014 to 4th August 2015. The victims had been Mr Rifahi's former wife and her sister. 3The Respondent wrote to Mr Rifahi on 13 March 2014 cancelling his driver's authority. The Respondent's Statement of Reasons said that the Respondent could no longer attest as required by section 11 of the PTA that Mr Rifahi was a fit and proper person with sufficient responsibility and aptitude to drive a taxicab in accordance with the conditions under which the taxicab service is operated and in accordance with law and custom. 4Mr Rifahi lodged his Application for Review in the NCAT on 18 March 2014. He was granted a stay of the cancellation by the NCAT pending the outcome of the Application on 23 March 2014.