Uddin v Roads and Maritime Services [2014] NSWCATOD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Uddin v Roads and Maritime Services [2014] NSWCATOD 104 Hearing dates: 25th of July 2014 and 8th September 2014 Decision date: 08 September 2014 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: 1. The decision of the Respondent to cancel Mr Uddin's driver authority is affirmed Catchwords: Fit and proper person, good repute Legislation Cited: Administrative Decisions Review Act 1997 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409. Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Lal v Director-General, Department of Transport [2001] NSWADT 74 Pillai v Messiter [No.2] (1989) 16 NSWLR 197 at 201 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Category: Principal judgment Parties: Md Iftekhar Uddin (Applicant) Roads and Maritime Services (Respondent) Representation: Uddin (Applicant in person) Smythe Wozniak Legal (Respondent) File Number(s): 1420140

reasons for decision 1This is an application for review lodged by Mr Uddin of the decision made on 21 March 2014 by the Respondent to cancel his driver authority. 2The Respondent had made the decision on the basis that Mr Uddin had accumulated 43 demerit points on his driver's licence for traffic offences. He had continued to drive taxicabs and private hire vehicles whilst his driver's licence and driver authority were suspended. The Respondent contended that this raised substantial doubt that he was a fit and proper person with sufficient aptitude to drive a public passenger vehicle according to law and custom as required by law. 3On 21st of March 2014 Mr Uddin lodged this application in NCAT (the tribunal). He obtained a stay of the decision on 26 March 2014. 4He had not obtained an internal review decision when he lodged his application for review. The tribunal exercised its power to deal with his application for review of the Respondent's decision of 21 March 2014 without Mr Uddin having made a prior internal review decision.