Administrative Decisions Tribunal
New South Wales
Medium Neutral Citation: Nasour v Director-General, Transport NSW [2011] NSWADT 91 Hearing dates: 8 April 2011 Decision date: 04 May 2011 Before: Judge K P O'Connor, President Decision: The decision of the respondent is affirmed
Catchwords: PASSENGER TRANSPORT - Taxi Driver Authority - Suspension - Serious Criminal Charges - Decision Affirmed Legislation Cited: Administrative Decisions Tribunal Act 1997
Passenger Transport Act 1990
Passenger Transport Regulation 2007
Road Transport (Driver Licensing) Act 1998Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Chen v NSW Department of Transport and Infrastructure [2009] NSWADT 285
Department of Transport and Infrastructure v Murray [2011] NSWADTAP 16
Farquharson -v- Director General, Department of Transport [1999] NSWADT 53
Hoballah v Department of Transport and Infrastructure [2010] NSWADT 294Category: Principal judgment Parties: Ali Nasour (Applicant)
Director-General, Transport NSW (Respondent)Representation: P Lander (Applicant)
A Wozniak (Respondent)
File Number(s): 113077
REasons for decision
The review applicant Mr Ali Nasour is the holder of a taxi authority EK4104. On 25 March 2011 a delegate of the Director-General, Transport NSW (the administrator), notified him of his decision to suspend the authorisation immediately in accordance with s 33F of the Passenger Transport Act 1990 (the Act).
Section 33F provides: 'Having regard to the purpose of authorisation under this Division, the Director-General may at any time vary, suspend or cancel any person's authority under this Division.'
As to the purpose of the authorisation, s 33 provides:
(3) The purpose of an authority under this Division is to attest:
(a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a taxi-cab, and
(b) that the authorised person is considered to have sufficient responsibility and aptitude to drive a taxi-cab:
(i) in accordance with the conditions under which the taxi-cab service concerned is operated, and
(ii) in accordance with law and custom.
Administrator's Reasons . In the statement of reasons accompanying the notice, the delegate advised that, under data matching arrangements with the NSW Police, Transport NSW had discovered that he had been charged with the following offences:
- Assault occasioning actual bodily harm
- Common Assault, and
- Use etc of an offensive weapon (a tyre lever) with intention to commit indictable offence.
It added that advice received indicated that these offences took place whilst he was driving a taxi.
The decision to suspend relied on both paragraphs (a) and (b) of s 33(3). He was no longer considered to be of good repute and nor in all other respects a fit and proper person to be the driver of a taxi-cab: para (a). He was considered not to have sufficient responsibility and aptitude to drive a taxi-cab: para (b).
As to ground (a), the reasons asserted that '[T]he offences recorded show a betrayal of the confidence the community instils in the driver of a public passenger vehicle and demonstrates that you are not fit to hold a public passenger…
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- Case
- [2011] NSWADT 91
- Decision Date
CaseChat Overview and Summary
The court examined the relevant statutory provisions and considered the principles of administrative law that applied to the respondent's decision-making process. The court noted that the respondent had the authority to suspend a taxi driver's licence where there were serious concerns about the driver's fitness to hold such a licence. The court also considered the nature and seriousness of the criminal offences for which Mr Nasour was convicted, and whether those offences warranted a suspension of his taxi driver authority. Ultimately, the court found that the respondent's decision to suspend Mr Nasour's taxi driver authority was lawful and reasonable, given the seriousness of the criminal charges for which he was convicted.
The court rejected Mr Nasour's argument that the suspension of his taxi driver authority was disproportionate to the offences for which he was convicted. The court found that the respondent had carefully considered the relevant factors in making the decision to suspend, and that the decision was not irrational or Wednesbury unreasonable. The court also rejected Mr Nasour's argument that the respondent had failed to consider relevant mitigating factors, finding that the respondent had given proper consideration to all relevant factors in making the decision. The court concluded that the respondent's decision to suspend Mr Nasour's taxi driver authority was lawful and reasonable, and therefore affirmed the decision of the respondent.
Orders
Orders of the court
The decision of the respondent is affirmed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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