Mousa v Roads and Maritime Services [2017] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mousa v Roads and Maritime Services [2017] NSWCATOD 162 Hearing dates: 30 October 2017 Date of orders: 10 November 2017 Decision date: 10 November 2017 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: PASSENGER TRANSPORT – cancellation of private hire vehicle driver authorisation – whether of good repute and a fit and proper person – guilty of criminal offence – no conviction recorded Legislation Cited: Passenger Transport Act 1990 Cases Cited: Director General, Transport New South Wales v AIC [2011] NSWADTAP 65 Re T and the Director of Youth and Community Services [1980] 1 NSDWLR 392 Loye v Director General, Department of Transport [2000] NSWADT 145 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barrett v Director General, Department of Transport [2000] NSWADT 183 Lal v Director General, Department of Transport 2011 NSWADT 74 Category: Principal judgment Parties: Michael Mousa (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: AHA Taylor Lawyers (Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 2017/00218405

REASONS FOR DECISION 1. This is an application by Mr Michael Mousa for review of a decision cancelling his authorisation to drive private hire vehicles. His authorisation was cancelled by Roads and Maritime Services (RMS) because RMS could not attest that Mr Mousa is of good repute and in all other respects a fit and proper person to be the driver of a private hire vehicle.