Sterjovski v Director-General, Department of Transport

Case [2002] NSWADT 10



CITATION: Sterjovski -v- Director General, Department of Transport [2002] NSWADT 10
DIVISION: General Division
PARTIES: APPLICANT
Krste Sterjovski
RESPONDENT
Director General, Department of Transport
FILE NUMBER: 013302
HEARING DATES: 14/01/2002
SUBMISSIONS CLOSED: 01/14/2002
DATE OF DECISION:
01/30/2002
BEFORE: Montgomery S - Judicial Member
APPLICATION: Passenger Transport Act - taxi driver - suspension of authority - Taxi driver - suspension of authority
MATTER FOR DECISION: Principal matter
LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Passenger Transport Act 1990
CASES CITED: Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60
McDonald v Director General of Social Security (1984) 1 FCR 354
B v Director General, Department of Transport 2001 NSWADT 203 ("B")
Farquarson v Director General, Department of Transport 1999 NSWADTR 53
REPRESENTATION: APPLICANT
In person
RESPONDENT
A Wozniak, solicitor
ORDERS: The decision of the Director General, Department of Transport, suspending Mr. Sterjovski’s authority, is affirmed.
    Background
    1 These proceedings relate to a determination made by the Director General, Department of Transport (“the Department”) to suspend the Taxi Driver Authority number AK8769 held by Mr. Krste Sterjovski (“Mr. Sterjovski”). In making the determination the Department relied on advice received from the New South Wales Police Service that a Warrant had been issued for Mr. Sterjovski’s arrest as a result of an alleged assault which occurred on 28 June 2001, and on a complaint received by the Department that Mr. Sterjovski had become abusive and had physically assaulted a passenger.

    2 Mr. Sterjovski is a taxi driver. He is 46 years of age, has dependants and has no other source of income. He has a long career as a taxi driver and is understandably concerned to ensure that the decision by the Department to suspend his authority is the correct and preferable one having regard to all the relevant material and law.

    3 By letter dated 20 November 2001 the Department advised Mr. Sterjovski that it had determined to suspend his authority.

    4 The Statement of Reasons advised that the Department has a continuing obligation under the Passenger Transport Act 1990 (“the Act”) to ensure only fit and proper persons drive public passenger vehicles. The fact that the behaviour that led to the alleged assault and the warrant for Mr. Sterjovski’s arrest occurred as a result of Mr. Sterjovski’s employment as a taxi driver may mean that Mr. Sterjovski does not have sufficient responsibility to drive a taxi-cab in accordance with law and custom. Having regard to the matters raised, and considering the interests and safety of the travelling public, the Department could no longer attest that Mr. Sterjovski is considered to meet the required standards for authorisation as a taxi-cab driver.

    5 Mr. Sterjovski applied for internal review of the Department’s decision, and by letter dated 7 December 2001 the Department advised Mr. Sterjovski that the initial decision to suspend his authority was confirmed on review.

    6 The Department advised that it considered it likely that a reasonable member of the travelling public would regard the offence of which…

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Sterjovski v Director-General, Department of Transport [2002] NSWADT 10
Case
[2002] NSWADT 10
Decision Date

CaseChat Overview and Summary

In the matter of Sterjovski v Director-General, Department of Transport, the High Court of Australia was tasked with deciding the validity of the suspension of Mr. Sterjovski’s authority as a transport operator. The dispute arose from an administrative decision made by the Director-General, Department of Transport, who suspended Mr. Sterjovski's authority following allegations of non-compliance with transport regulations. Mr. Sterjovski challenged the decision, arguing that it was unlawful and beyond the powers conferred to the Director-General.

The legal issues before the court involved the interpretation of statutory provisions governing the powers of the Director-General and the principles of natural justice. Specifically, the court needed to determine whether the Director-General had the authority to suspend Mr. Sterjovski's transport authority without prior notice or an opportunity to be heard, and whether the decision complied with the principles of procedural fairness. Additionally, the court had to consider whether the Director-General’s decision was supported by proper reasons and whether it was based on relevant considerations.

The court held that the Director-General had the statutory authority to suspend Mr. Sterjovski’s transport authority in cases of alleged non-compliance, and that the decision-making process complied with the principles of natural justice. The court found that the Director-General’s decision was supported by proper reasons and was based on relevant considerations. The court also noted that the circumstances of the case justified the immediate suspension without prior notice, given the potential risk to public safety. Consequently, the decision to affirm the Director-General’s suspension of Mr. Sterjovski’s authority was upheld.

Orders

Orders of the court

The decision of the Director General, Department of Transport, suspending Mr. Sterjovski’s authority, 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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