Camilleri v Director General, Department of Transport

[2002] NSWADT 182

CITATION:	Camilleri v Director General, Department of Transport [2002] NSWADT 182
DIVISION:	General Division
PARTIES:	APPLICANT Peter Camilleri RESPONDENT Director General, Department of Transport
FILE NUMBER:	023117
HEARING DATES:	25/06/02
SUBMISSIONS CLOSED:	06/25/2002
DATE OF DECISION:	09/25/2002
BEFORE:	Hennessy N (Deputy President)
APPLICATION:	Passenger Transport Act - taxi driver - grant of authority - Taxi driver - grant of authority
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Passenger Transport (Taxi-cab Services) Regulation 1995 Passenger Transport Act 1990 Road Transport (Driver Licensing) Act 1998 Road Transport (Driver Licensing) Regulation 1999
CASES CITED:
REPRESENTATION:	APPLICANT In person RESPONDENT G Riley, solicitor
ORDERS:	The decision of the Director General not to grant Mr Camilleri a taxi authority is affirmed.

1 On 21 May 2002, the Director General, Department of Transport, (the Director General) refused Mr Camilleri’s application for an authority to drive taxis on the basis that Mr Camilleri held a conditional driver’s licence. That decision was affirmed after an internal review.

Jurisdiction

2 Pursuant to s 52(1) of the Passenger Transport Act 1990 a person whose application has been refused or whose accreditation or authority has been varied, suspended or cancelled, may apply to the Administrative Decisions Tribunal (ADT) for a review of that decision.

3 Section 63 of the Administrative Decisions Tribunal Act 1997 (ADT Act) sets out the Tribunal's power when reviewing a reviewable decision. In summary, the Tribunal can affirm, vary or set aside the decision.

Issue

4 The issue which the Tribunal must determine is whether the Director General made the correct and preferable decision in refusing Mr Camilleri’s application for an authority to drive taxis in NSW on the ground that Mr Camilleri did not hold a “driver licence” within the meaning of cl 33(2)(b) of the Passenger Transport (Taxi-Cab Services) Regulation 2001 ( Regulation).

Facts

5 Mr Camilleri is a registered taxi driver in Queensland and holds a Queensland driver’s licence. On 21 January 2002, Mr Camilleri was issued with a Good Driving Behaviour Notice by Queensland Transport. Mr Camilleri elected to retain his current driver licence on the condition that he was only allowed to accumulate one demerit point during the one year good driving period, which ran from 21 January 2002 until 20 January 2003. If Mr Camilleri accumulates two or more demerit points, his driver licence will be suspended for double the period stated on the original “Accumulation of Demerit Points - Notice to Choose”.

6 Mr Camilleri states that he wants to relocate to Sydney to attend to his ill father. He sought authority from the Department of Transport to drive taxis in New South Wales.

Grounds for refusal

7 The Director-General stated in his submission that the main reason for the refusal of the authority was that Mr Camilleri did not meet the criteria set out under Cl 33 of the Regulation. Clause 33(2)(b) states that the applicant “must hold a driver licence”. A “driver licence”, defined under cl 33(3), excludes conditional licence, learner licence, probationary licence, provisional licence, restricted licence and driver licence receipt. The Director-General decided that Mr Camilleri was not the holder of a “driver licence” within the meaning of cl 33 of the Regulation because his Queensland licence was subject to a Good Driving Behaviour Notice.

Reasons and decision

8 Section 12(1) of the Passenger Transport Act 1990 gives the Director General power to “grant authorities to persons applying for them.” For a person to be eligible to be granted a taxi authority he or she must first meet the criteria prescribed in the Regulation. Clause 33 of the Regulation sets out some of the criteria for authorising a person to drive taxi-cabs. Of relevance to this case is Cl 33(2)(b) which states that before the authorisation is granted, “the applicant must hold a driver licence”. Clause 33(3) of the Regulation defines “driver licence” in that clause to mean:

a driver licence excluding a conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving), learner licence, probationary licence, provisional licence, restricted licence and driver licence receipt.

9 This definition is not exhaustive. While it excludes certain kinds of licence, reference still needs to be made to the definition of “driver licence” in the Cl 3 of the Regulation. That clause states that “driver licence has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998.” Schedule 3 to that Act provides that “driver licence” means:

a licence (including a conditional licence, a provisional licence and a learner licence) issued in accordance with the regulations authorising the holder to drive one or more classes of motor vehicle on a road or road related area. (Emphasis added.)

10 The regulation under which a driver licence is issued in New South Wales is the Road Transport (Driver Licensing) Regulation 1999. Unless a driver licence is issued in accordance with that regulation, it is not a “driver licence” within the meaning of that term in Cl 33(2)(b) of the Passenger Transport (Taxi-cab Services) Regulation 2001.

11 This point is reinforced by the fact that there is a definition of “Australian driver licence” in Schedule 3 to the Road Transport (Driver Licensing) Act 1998. That definition is:

(a) a driver licence, or

(b) a licence . . . issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.”

12 If parliament had intended that a taxi authority could be issued to a person with an “Australian driver licence” then that is the term which would have been used in s 33(2) of the Regulation.

13 Mr Camilleri holds a Queensland driver’s licence. Consequently, he does not hold a “driver licence” within the meaning of Cl 33(3) of the Regulation as his licence is not one which is issued under the Road Transport (DriverLicensing) Regulation 1999. Consequently he is not eligible for a taxi authority in New South Wales. Having reached this conclusion, it is not necessary for me to determine whether or not his licence is “conditional” or “provisional”.

Order

The decision of the Director General not to grant Mr Camilleri a taxi authority is affirmed.