Hasan v Roads and Maritime Services [2015] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hasan v Roads and Maritime Services [2015] NSWCATOD 132 Hearing dates: 23 September 2015 Decision date: 18 November 2015 Jurisdiction: Occupational Division Before: J Kelly, Senior Member Decision: The decision made on 14 July 2015 to affirm the decision to refuse the applicant's application for an authority to drive a bus in New South Wales is affirmed. Catchwords: Passenger transport – bus driver authorisation – whether of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle Legislation Cited: Passenger Transport Act 1990 (NSW) s 11(2)(a) and 12 Cases Cited: Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Z v Director General, Department of Transport [2000] NSWADT 87 Category: Principal judgment Parties: Mohammad Hasan (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: In Person (Applicant) Smythe Wozniak Legal (Respondent) File Number(s): 1520130

Judgment

The decision under review 1. The applicant, Mohammad Hasan, seeks the review of the decision made on internal review by the Roads and Maritime Services (the respondent) on 14 July 2015 to affirm the decision to refuse the applicant's application for an authority to drive a bus in New South Wales.

The law 1. Relevantly, s. 12 of the Passenger Transport Act 1990 (the Act) authorises the respondent to grant authorities to persons. The purpose of an authority is to attest that "the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle" (s. 11(2)(a)).