Stockdale v Roads and Maritime Services [2018] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stockdale v Roads and Maritime Services [2018] NSWCATOD 93 Hearing dates: 6 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Occupational Division Before: Emeritus Prof G D Walker, Senior Member Decision: 1. The decision under review is set aside.

2. For the decision under review is substituted a decision that the applicant be granted a bus driver authority subject to the condition that he only drives buses in connection with his Fine Wine Tours business or any similar wine tour business with which he becomes associated, and in any event only for the carriage of persons aged over 18 years. Catchwords: ADMINISTRATIVE LAW - Passenger Transport -– licensing – bus driver authority – whether of good repute – whether a fit and proper person – applicant convicted of serious crime 17 years previously – conditions on authority. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Passenger Transport Act 1990 (NSW) Cases Cited: Armani v Director-General, Department of Transport [1999] NSWADT 20 Ashford v Roads and Maritime Services [2017] NSWCATOD 170 Birch v Commissioner of Fair Trading [2017] NSWCATAD 166 Director-General, Department of Transport v AIC [2011] NSWCATAP 65 Farquharson v Director-General, Department of Transport [1999] NSWADT 53 Health Care Complaints Commission v Litchfield [1997] NSWCA 264 Keane v Roads and Maritime Services [2015] NSWCATAD 114 Loye v Director-General, Department of Transport [2000] NSWADT 145 Mielczarek v Commissioner of Police [2016] NSWCATAP 255 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320 R v Stockdale [2004] NSWCA 1 Re T and Director of Youth and Community Services [1980] 1 NSWLR 392 Saadieh v Director-General, Department of Transport [1999] NSWADT 68 Sodiki v Roads and Maritime Services [2013] NSWADT 145 Category: Principal judgment Parties: Michael A Stockdale (Applicant) Roads and Maritime Services (Respondent) Representation: Applicant, self-represented