Peter Harris v Roads & Maritime Services [2018] NSWLC 14

Local Court New South Wales

Medium Neutral Citation: Peter Harris v Roads & Maritime Services [2018] NSWLC 14 Hearing dates: 19 July 2018 Decision date: 09 August 2018 Jurisdiction: Criminal Before: Magistrate Hiatt Decision: The Local Court has no jurisdiction to hear and determine an appeal in this matter. Catchwords: CRIMINAL LAW – Particular offences – Driving offences – Driver license disqualification in another jurisdiction – Cancellation of driver license in NSW – Operation of section 207 Road Transport Act 2013 – whether a "decision" by Authority – whether "appealable decision" - whether right of appeal to Local Court under section 267 of Road Transport Act 2013 Legislation Cited: Local Court Act 2007 (NSW) s 45 Road Safety Act 1986 (Vic) ss 89A, 89C Road Transport Act 2013 (NSW) ss 29, 207, 266, 267 Road Transport (Driver Licensing) Regulation 2017 cll 65(1)(j), 65(7) Road Transport (General) Regulation 2013 cl 126 Cases Cited: Roads and Traffic Authority of New South Wales v Salim [2004] NSWSC 1276 RTA v Wilson & Anor (2003) 58 NSWLR 240 Wojtulewicz v Roads & Traffic Authority (NSW) [2006] NSWSC 525 Category: Principal judgment Parties: Peter Harris (Appellant) Roads & Maritime Services (Defendant) Representation: J Klarica for and with the appellant R Tandy for the defendant File Number(s): 2018/00139061 Publication restriction: Nil

Judgment 1. The appellant, Peter Harris, has lodged an appeal against a purported decision made by Roads & Maritime Services, hereafter referred to as the Authority, to cancel his NSW Driver License. 2. The matter came on for hearing of the appeal before this Court on 19 July 2018. A preliminary issue raised by the Authority related to whether the Local Court has jurisdiction to hear an appeal in the subject matter. 3. Following argument by the parties I adjourned the matter to today for determination. However, in the course of considering the issues raised, the Court formed the view that other matters in particular the interplay of s 207 of the Road Transport Act may have some bearing on the matter. 4. As the parties had not specifically addressed that section in argument the Court allowed further submissions to be made today. Following further consideration of the arguments these are my reasons for the decision I have reached on the matter.