Zhang v Transport for NSW

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Zhang v Transport for NSW [2022] NSWCATAD 248

Hearing dates:

On the papers

Date of orders:

25 July 2022

Decision date:

25 July 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Montgomery, Senior Member

Decision:

The Application is dismissed.

Catchwords:

ADMINISTRATIVE LAW – Jurisdiction — no identified enabling legislation – dismissal

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Administrative Decisions Review Act 1997

Cases Cited:

Foxman v Commissioner of Police, NSW Police Force [2022] NSWCATAD 13

White v Sutherland Shire Council [2019] NSWCATAD 100

Category:

Principal judgment

Parties:

Guanbo Zhang (Applicant)
Transport for NSW (Respondent)

Representation:

Solicitors:
Applicant (Self-represented)
Transport for NSW Legal (Respondent)

File Number(s):

2022/00164532

Publication restriction:

Nil

Reasons for Decision

Introduction

1. The Applicant, Mr Guanbo Zhang has applied to the Tribunal for review of a decision by the Respondent, Transport for NSW. The Respondent’s decision was to require the Applicant to enter the NSW Mandatory Alcohol Interlock Program.

2. The decision is stated to have been made on the basis that the Applicant had been convicted of an alcohol related driving offence in Victoria.

3. The Applicant seeks to have the decision set aside on the basis that the Victorian Magistrate court order had not made any decision or order in regard to any interlock program.

Background

4. The solicitor for the Respondent, Mr O’Dwyer provided written submissions in which he set out the following background:

The Applicant is currently disqualified from holding a drivers licence.

On 2 May 2022 the Applicant, the holder of a NSW driver licence, was found guilty of an offence under s 49(1)(f) of the Road Safety Act 1986 (VIC) (the RSA) and was disqualified from driving in the State of Victoria for a period of eleven (11) months. This disqualification applies equally to his NSW driver licence pursuant to section 207(2) of the Road Transport Act 2013 (the RTA).

The imposition of an alcohol interlock condition upon re-application for a licence following a disqualification offence is conferred under s 50AAA(1)(b) of the RSA. Schedule IB of the RSA provides that a s 49(1)(f) offence is an offence which holds a mandatory alcohol interlock condition for a minimum period of six (6) months.

On 29 May 2022, VicRoads (the Victorian driver licensing authority) issued a letter to the Applicant stating that, due to the Applicant’s drink-driving or alcohol related offence, the Applicant is required to install a VicRoads approved alcohol interlock in any vehicle the Applicant drives. …

In anticipation of the Applicant being sent that letter from VicRoads, and given the Applicant had previously been the holder of a NSW driver licence with an address in NSW, on 18 May 2022 the Respondent issued a letter to the Applicant (the Respondent’s letter) stating that as “[the Applicant was] convicted of an alcohol related driving offence on 02/05/2022 in Victoria and as a result [the Applicant] is required to participate in the NSW Mandatory Alcohol Interlock Program”. ...

The Applicant is required to…