Haggar v Point to Point Transport Commissioner [2018] NSWCATOD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Haggar v Point to Point Transport Commissioner [2018] NSWCATOD 38 Hearing dates: 13 February 2018 Date of orders: 14 March 2018 Decision date: 14 March 2018 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: 1. The Tribunal determines to deal with the applicant's application even though the applicant has not duly applied for an internal review, pursuant to s 55(4)(b) of the Administrative Decisions Review Act 1997.

2. The respondent's decision is set aside.

3. The Tribunal decides, in substitution for that decision, not to make any determination under cl 12(2) of Sch 2 to the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, that the applicant should not, because of his convictions, be a driver for a passenger service.

4. The applicant is to file and serve any application for costs within 14 days of the date of this decision, accompanied by any evidence and submissions on which the applicant relies.

5. If the applicant makes an application for costs, the respondent is to file and serve any evidence and submissions on the costs application within 28 days of the date of this decision.

6. Any costs application made by the applicant is to be determined on the papers. Catchwords: ADMINISTRATIVE LAW – Passenger Transport – Where applicant drove private hire vehicles pursuant to an authority under the Passenger Transport Act 1990 – Where applicant had committed disqualifying offences 28 years ago - Where respondent decided, upon commencement of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, that the applicant should not be allowed to continue to drive passenger service vehicles, due to the disqualifying offences – Principles governing exercise of discretion ADMINISTRATIVE LAW – Where applicant had not applied for internal review - Whether it was necessary for the Tribunal to deal with the application in order to protect the applicant's interests Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Offender's Registration) Act 2000 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Interpretation Act 1987 (NSW) Passenger Transport Act 1990 (NSW) Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) Cases Cited: Alameddine v Roads and Maritime Services [2018] NSWCATAD 22 Haggar v Roads and Maritime Services [2017] NSWCATOD 125 Hossain v Roads and Maritime Services [2018] NSWCATOD 11 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492; [1947] HCA 21 Category: Principal judgment Parties: Colin Haggar (applicant) Point to Point Transport Commissioner (respondent) Representation: Counsel: I Latham (applicant) K Averre (respondent)