BPW v Roads and Maritime Services [2015] NSWCATAD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPW v Roads and Maritime Services [2015] NSWCATAD 94 Hearing dates: 21 April 2015 Decision date: 12 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kinross, Senior Member Decision: The applicant's application for an extension of time is refused. Catchwords: PRIVACY - jurisdiction; extension of time Legislation Cited: Privacy and Personal Information Protection Act 1998 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Rules 2014 Road Transport Act 2013 Category: Principal judgment Parties: BPW (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: M Sullivan (Respondent)

Solicitors: Marrickville Legal Centre (Applicant) L Brignull, Roads and Maritime Services (Respondent) File Number(s): 1410688

Introduction 1. BPW seeks the removal of a suspension period from his driver's licence record. He has made an application to NCAT for administrative review under the Privacy and Personal Information Protection Act 1998 (PPIPA). This decision deals with an extension of time application and submissions concerning jurisdiction made in that context.

Background 1. Roads and Maritime Services (RMS) exercised its discretion under s40 of the Road Transport Act 2013 to suspend BPW's driver's licence between 4 June and 4 September 2014. RMS later decided to lift the suspension but only from 20 June 2014, the date the State Debt Recovery Office (SDRO) advised it that BPW's offence was to be challenged in court ([1.8] resp sub). It is a continuing grievance for BPW that RMS did not lift the 4-19 June 2014 suspension, despite the related traffic offence and demerit points being removed from BPW's driving record. BPW is currently before a local court charged with the offence of driving while suspended on 6 June 2014 ([57] app sub).