Hruban v Roads and Maritime Services [2016] NSWCATOD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hruban v Roads and Maritime Services [2016] NSWCATOD 48 Hearing dates: 16 March 2016 Date of orders: 22 April 2016 Decision date: 22 April 2016 Jurisdiction: Occupational Division Before: N Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: Merits review: bus driver authority - good repute - fit and proper – recent criminal conviction and good behaviour bond. Legislation Cited: Administrative Decisions Review Act 1997 Crimes (Sentencing Procedure) Act 1999 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Director General, Transport NSW v AIC [2011] NSWADTAP 65 Mahommed Shamsuzzaman v Roads and Maritime Services [2015] NSWCATAP 62 Saadieh.v Director General, Department of Transport [1999] NSWADT 68 Singh v Director General, Department of Transport [1999] NSWADT Category: Principal judgment Parties: Andrew Christopher Hruban (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: Andrew Christopher Hruban (Applicant in person) Smyth Wozniak (Respondent) File Number(s): 1520245

Reasons for decision

Background 1. This matter involves an application to the Tribunal by Mr Hruban to review a decision by the Respondent, Roads and Maritime Services (sometimes referred to in these reasons as RMS) on 12 October 2015 (the Decision) to refuse Mr Hruban's 5 June 2015 application for a New South Wales public passenger vehicle driver authority (the Application).