Carlon v Roads and Maritime Services [2018] NSWCATOD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carlon v Roads and Maritime Services [2018] NSWCATOD 140 Hearing dates: 16 January 2018; Submissions closed 6 March 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: The Respondent's reviewable decision is affirmed Catchwords: ADMINISTRATIVE LAW - merits review – bus service operator – accreditation – safety critical components – public passenger vehicle maintenance plan - manufacturer standards – maintenance and repair Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Motor Dealer and Repairers Act 2013 Passenger Transport Act 1990 Passenger Transport Act 2014 Passenger Transport (General) Regulation 2017 Passenger Transport Regulation 2007 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Drake v Minister for Immigration and Ethnic Affairs [1997] AATA 179; (1979) 46 FLR 409 Hughes and Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 at 156 JBC v Director-General Department of Transport [2014] NSWCATOD 82 McDonald v Director General of Social Security [1984] FCA 57; (1984) 1 FCR 354 Texts Cited: Bus Operator Accreditation Package 2015, version RMS 14.438, Roads and Maritime Services Category: Principal judgment Parties: John Anthony & Anne Maree Carlon (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: Piper Alderman (Applicant) Smythe Wozniak (Respondent) File Number(s): 2017/00328911 Publication restriction: None