Musgrave v Roads and Maritime Services [2015] NSWCATOD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Musgrave v Roads and Maritime Services [2015] NSWCATOD 41 Hearing dates: 17 December 2014 Decision date: 28 April 2015 Jurisdiction: Occupational Division Before: S Frost, Senior Member Decision: Decisions under review affirmed. Catchwords: Passenger transport – public passenger vehicle driver – fit and proper person – prior charges under the Crimes Act – prior suspensions under Passenger Transport Act – failure to address past behaviour – failure to persuade Tribunal that applicant respects the law and will comply with it Legislation Cited: Passenger Transport Act 1990 (NSW) Cases Cited: Musgrave v Director General, Ministry of Transport [2004] NSWADT 141 Category: Principal judgment Parties: David Musgrave (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: Kazi & Associates (Applicant) Smythe Wozniak Legal (Respondent) File Number(s): 1420182, 1420268, 1420269

Reasons for decision

Introduction 1. Mr Musgrave has applied under the Passenger Transport Act 1990 (NSW) (the PT Act) for an authority to drive taxis, buses and private hire vehicles. Each application was refused on the ground that Roads and Maritime Services (RMS) is not satisfied that Mr Musgrave is a fit and proper person to be the driver of such vehicles. 2. Mr Musgrave applied for internal review of the refusal decisions but the original decisions were upheld. He has now applied to the Tribunal for review.

The issue 1. The sole issue for determination by the Tribunal is whether Mr Musgrave is a fit and proper person to hold a public passenger vehicle driver authority.