Hawchar v Roads and Maritime Services [2015] NSWCATOD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hawchar v Roads and Maritime Services [2015] NSWCATOD 123 Hearing dates: 6 August 2015 Decision date: 29 October 2015 Jurisdiction: Occupational Division Before: J Kelly Senior Member Decision: The decision under review is affirmed. Catchwords: AUTHORITY TO DRIVE TAXI CAB – good repute – fit and proper person – criminal record – mental health history Legislation Cited: Passenger Transport Act (1990) s 33(1) and 33(3) Crimes (Sentencing Procedure) Act 1999 s 9 Mental Health Criminal Procedure Act s 32(3)(a) Cases Cited: Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65 (23 December 2011) Category: Principal judgment Parties: Akl Hawchar (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: Akl Hawchar (Applicant in person) Smythe Wozniak Legal (Respondent) File Number(s): 1520088

Judgment

Introduction 1. The applicant, Akl Hawchar, applied for an authority to drive a taxi-cab on 16 December 2014. His application was refused. 2. He sought an internal review of that decision. The internal review decision made on 31 March 2015 affirmed the decision to refuse to grant an authorisation to drive a public passenger vehicle under s 33B of the Passenger Transport Act 1990 (the Act). The applicant seeks the review of that decision.

The issues in the case 1. The issues in this case were whether the applicant is considered to be of good repute and in all other respects a fit and proper person to be the driver of a taxi-cab. For the reasons that follow, I affirm the decision under review.