Kabir v Roads and Maritime Services [2014] NSWCATOD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kabir v Roads and Maritime Services [2014] NSWCATOD 153 Hearing dates: 20 November 2014 Decision date: 22 December 2014 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: 1. The Decision under review is affirmed Catchwords: Taxi Authority - whether fit and proper person - of good repute - attest - nature of offending Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Evidence Act 1995 Administrative Decisions Review Act 1997 Criminal Records Act 1991 Cases Cited: AJO v Director-General Department of Transport [2012] NSWADT 101 Wilson -v Director General, Department of Transport [2002] NSWADT 149 Saadieh v Director- General, Department of Transport [1999] NSWADT 68 Azis v Ministry of Transport [2004] NSWADT 91 Maythisathit v Registrar of Motor Vehicles (1996) ACT 165 Category: Principal judgment Parties: Farhan Kabir (Applicant) Roads and Maritime Services (Respondent) Representation: M Klooster (Applicant) Schofield King Lawyers (Applicant) Smythe Wozniak Legal (Respondent) File Number(s): 1420227

reasons for decision 1This matter came before me for hearing on 20 November 2014. The matter had previously been adjourned from 11 September 2014 in order to allow the Applicant to obtain legal representation. A timetable was also set for the filing of evidence and submissions by the parties. 2This application concerns the Respondent Authority's (Roads and Maritime Services - RMS) refusal to grant the Applicant (Mr Farhan Kabir) a Taxi Driver Authority to drive taxi cabs in New South Wales. 3On 14 May 2014 RMS refused Mr Kabir's application, and made a determination in accordance with section 33 of the Passenger Transport Act 1990. In doing so RMS determined in the Statement of Reasons dated 14 May 2014 that: In view of the proven offence recorded against you RMS can not attest that you are a fit and proper person for the purposes of the Passenger Transport Act 1990. 4The offences referred to in the decision relate to a number of convictions in 2009 and 2013.