Assi v Roads and Maritime Services

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	Assi v Roads & Maritime Services [2013] NSWADT 159
Hearing dates:	19 February 2013
Decision date:	12 July 2013
Jurisdiction:	General Division
Before:	S Montgomery, Judicial Member
Decision:	The decision under review is affirmed
Catchwords:	Taxi driver authority, refusal of application, fit and proper person
Legislation Cited:	Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990
Cases Cited:	Assi v Director General, Transport NSW [2012] NSWADT Commissioner of Police, New South Wales Police v Mercer (GD) [2005] NSWADTAP 55 Director General Transport for NSW v Assi (GD) [2011] NSWADTAP 68 Ex Parte Tziniolis (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Loye v Director General, Department of Transport [2000] NSWADT 145 Reddy v NSW Department of Transport and Infrastructure [2010] NSWADT 200
Category:	Principal judgment
Parties:	Joubran Assi (Applicant) Roads & Maritime Services (Respondent)
Representation:	Counsel M Robinson, SC (Respondent) Barakat Lawyers (Applicant) Smythe Wozniak Legal (Respondent)
File Number(s):	123157

reasons for decision

1. GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): This is an application by Mr Assi, the Applicant, for review of the decision of the Respondent, Roads & Maritime Services. A Delegate of the Director General of the Respondent refused the Applicant's application for a taxi-driver authority. That decision was made pursuant to 33 of the Passenger Transport Act 1990 ("the Act").

1. The Applicant sought an internal review of that refusal and the refusal was affirmed. The Applicant then applied to the Tribunal seeking external review of the refusal decision.

Background

1. The Applicant has previously held a taxi-driver authority. The Respondent determined to cancel that authority In July 2011. The Applicant sought review of that determination in this Tribunal. On 19 January 2012 Judicial Member Huntsman affirmed the determination and her reasons are recorded as Assi v Director General, Transport NSW [2012] NSWADT 7 ("the cancellation matter").

1. In her reasons, Judicial Member Huntsman set out the background that lead to the cancellation. This background included numerous complaints about his conduct as a taxi-driver. Many of those complaints were for demanding more/other than the prescribed fare.

1. The Judicial Member also noted that the Respondent had previously suspended the Applicant's authority after he had been charged with three counts of sexual assault on a person under the age of 10. The Local Court dismissed those charges on 8 February 2012.

1. The evidence before the Judicial Member included an incident concerning a Mr Yakimov - a passenger in a taxi driven by the Applicant. Mr Yakimov had made a complaint about the Applicant's behaviour. The details of the complaint are set out in the Judicial Member's reasons at paragraphs [21] - [23] as follows:

21 Mr Yakimov gave sworn oral evidence to the tribunal. He described arriving at Sydney airport from an international flight, and clearing customs and moving to the taxi rank to obtain a taxi to travel to the domestic airport. He described arriving at the taxi rank, having the official…