Khan v Roads and Maritime Services [2018] NSWCATOD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khan v Roads and Maritime Services [2018] NSWCATOD 128 Hearing dates: 02 August 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Occupational Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review affirmed. Catchwords: PASSENGER TRANSPORT – bus driver authority – fit and proper person – driving record – misleading statement in application – effect under other legislation. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Passenger Transport Act 1990 (NSW) Passenger Transport (General) Regulation 2017 (NSW) Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; Birch v Commissioner of Fair Trading [2017] NSWCATAD 166; Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70; Husain v Roads and Maritime Services [2017] NSWCATOD 8; Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31; Keane v Roads and Maritime Services [2015] NSWCATAD 114; Lal v Director-General, Department of Transport [2001] NSWADT 74; Mielczarek v Commissioner of Police [2016] NSWCATAP 255; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Naziry v Director-General, Ministry of Transport [2004] NSWADT 40; Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320; R v Mauger [2012] NSWCCA 51; Re T and Director of Youth and Community Services [1980] 1 NSWLR 392; Re Upton and Department of Transport (1977) 18 ALD 150; Saadieh v Director-General, Department of Transport [1999] NSWADT 68; Secretary, Department of Social Security v Alvaro (1994) 34 ALD 72; Shi v Migration Agents Registration Board (2008) 235 CLR 286; Sodiki v Roads and Maritime Services [2013] NSWADT 145; Verdugo v Government Superannuation Office [2002] VAR 1. Category: Principal judgment Parties: Muddasir Khan (Applicant) Roads and Maritime Services (Respondent) Representation: M Jools, agent, by leave (Applicant)