Tomaszewski v Roads and Maritime Services [2016] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tomaszewski v Roads and Maritime Services [2016] NSWCATOD 156 Hearing dates: 16 December 2016 Date of orders: 19 December 2016 Decision date: 19 December 2016 Jurisdiction: Occupational Division Before: Hennessy LCM, Deputy President Decision: 1. The decision of Roads and Maritime Services to cancel Mr Tomaszewski's taxi driver authority is stayed pending further order of the Tribunal on the following conditions: (a) Mr Tomaszewski consults Dr Abraham on 17 January 2017 or some other suitable date in January 2017; (b) at that appointment, Mr Tomaszewski obtain a written answer to the question of whether, in Dr Abraham's opinion, Mr Tomaszewski poses a risk to the safety of the public in holding a taxi driver authority; (c) Mr Tomaszewski provides a copy of that report to Roads and Maritime Services within 24 hours of obtaining it. 2. All parties have liberty to apply to the Tribunal for a variation of these orders. Catchwords: ADMINSITRATIVE LAW – stay of decision to cancel taxi driver authority – status of standards developed for the licencing of commercial drivers – where applicant has an implantable cardioverter defibrillator (ICD) – whether he poses a crash risk - public interest consideration relevant Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 60, 64 Passenger Transport Regulation 2007 (NSW) Cases Cited: New South Wales Bar Association v Stevens [2003] NSWCA 95 Category: Procedural and other rulings Parties: Stanley Tomaszewski (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: Santone Lawyers (Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 1620250 Publication restriction: Nil