MAXIM RASICApplicantAND:CHIEF POLICE OFFICERRespondent

Maxim Rasic applied to the ACT Civil and Administrative Tribunal for review of a decision by the Chief Police Officer to refuse to withdraw a traffic infringement notice. The applicant argued that the decision should be set aside on the basis that he had not been issued with a previous infringement notice in the preceding five years and he had a prior good driving record. The respondent argued that the applicant did not meet the criteria set out in the Road Transport (General) Withdrawal of Infringement Notices Guidelines 2012 because he had been issued with a previous infringement notice for a speeding offence in 2013. The Tribunal found that the respondent had not correctly interpreted the requirements for determining the 'applicant’s previous good behaviour' in Guideline 1.4. The Tribunal found that the seriousness of the offence, namely driving at 23km/h above the designated speed limit, meant that the limitation for the application of the concession to withdraw he would otherwise be entitled to under Guideline 1.4 for his 'previous good behaviour' did not apply. The Tribunal confirmed the decision under review to refuse a withdrawal application of infringement notice 2734169538. The Tribunal ordered that written reasons for decision be provided.