Wellfare v Roads and Maritime Services [2015] NSWCATOD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wellfare v Roads and Maritime Services [2015] NSWCATOD 33 Hearing dates: 7 April 2015 Decision date: 21 April 2015 Jurisdiction: Occupational Division Before: N S Isenberg, Senior Member Decision: 1. The decisions of the Respondent to suspend the Applicant's authority and issue a notice to show cause as to why his authority should not be cancelled are revoked and replaced with an order that driver authority FC8598 is suspended from 20 February 2015 until the date of publication of this decision. 2. If the authority has expired through the passage of time before this decision is published and if the Applicant applies after the date of publication of this decision for another authority, I direct that the Respondent have regard to this decision in considering that application. Catchwords: Passenger Transport Act 1990; good repute, fit and proper; propriety; taxi driver authority. Legislation Cited: Administrative Decisions Review Act 1997 Passenger Transport Act 1990 Passenger Transport Regulations 2007 Cases Cited: Roads and Maritime Services v Rifahi [2015] NSWCATAP 43 Bedi v Roads and Maritime Services [2014] NSWCATOD 87 Khan v Roads and Maritime Services [2014] NSWCATOD 23 Lal v Director-General, Department of Transport [2001] NSWADT 74 Mohammed Shamsuzzaman v Roads and Maritime Services [2015] NSWCATAP 62 Rifahi v Roads and Maritime Services [2014] NSWCATOD 88 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Category: Principal judgment Parties: James David Wellfare (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: J Wellfare (Applicant in person) Smythe Wozniak Legal (Respondent) File Number(s): 1520037