Lin v Roads and Maritime Services [2019] NSWCATOD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lin v Roads and Maritime Services [2019] NSWCATOD 79 Hearing dates: 20 May 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: 1. The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – bus driver authority – driving offences – dishonest in filling out application form - whether of good repute and fit and proper person to be the driver of a public passenger vehicle Legislation Cited: Administrative Decisions Review Act 1997 Passenger Transport Act 1990 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Director General, Transport New South Wales v AIC [2011] NSWADTAP 65 Loye v Director General, Department of Transport [2000] NSWADT 145 McNamara v Arnold (unreported decision of the Supreme Court of South Australia, 26 October 1995 BC9502405) Re T and the Director of Youth and Community Services [1980] 1 NSDWLR 392 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Wilson v Director General, Department of Transport [2002] NSWADT 149 Category: Principal judgment Parties: Fan Lin (Applicant) Roads and Maritime Services (Respondent) Representation: Applicant in person Smythe Wozniak (Respondent) File Number(s): 2019/00059805

REASONS FOR DECISION 1. The applicant, Mr Fan Lin, applied for an authority to drive a bus. His application was refused on the basis that he is not a fit and proper person or a person of good repute. That decision was affirmed on internal review and Mr Lin has asked the Tribunal to review the decision.