Pollard v Department of Transport

The appeal was heard in the Magistrates Court of Western Australia by Smith J. The appellant, Ms Pollard, sought an extraordinary driver’s licence (EDL) from the respondent, the Department of Transport, which had previously refused to grant it. Ms Pollard, a traffic controller, argued that she needed the EDL to continue her employment, as her role required her to drive to and from work and to unknown locations, potentially in rural areas. She also claimed that without the licence, she would face significant financial hardship and would be unable to support her family, as she is a single parent with limited income and expenses.

The legal issues before the court were whether the Department of Transport had properly exercised its discretion under the Road Traffic Act 1974 (WA) when denying Ms Pollard’s application for an EDL, and whether the Department had failed to consider a mandatory factor under section 30(2)(e) of the Act, which pertains to the applicant’s conduct following their disqualification. The court also examined whether there was an error of fact in the findings made by the Department.

In determining the appeal, the court found that the Department had failed to properly consider the mandatory statutory factor concerning Ms Pollard’s conduct post-disqualification. The court was satisfied that Ms Pollard had complied with the mandatory conditions set out in the Act and that her refusal to grant the EDL was not in accordance with the law. The court further noted that the Department had made an error of fact in its findings regarding Ms Pollard’s employment status and the impact of the refusal on her ability to provide for her family. Consequently, the appeal was allowed, and the court directed the Department to grant Ms Pollard an EDL.

The final orders of the court were that the appeal be allowed, the decision of the Department of Transport refusing to grant Ms Pollard an EDL be set aside, and an order be made directing the CEO of the Department to grant her an EDL for a period not exceeding 12 months from the date of the order.