Ghachame v Roads and Maritime Services [2013] NSWADT 144

Procedural Posture

Administrative Review of Refusal of Application to Renew Taxi Driver Authority / Final Decision on Tribunal Review After Internal Review Affirmed the Refusal

Legal Issues

1. 1 ['Whether the applicant was of good repute and in all other respects a fit and proper person to be authorised to drive taxis.' 'Whether the applicant had sufficient responsibility and aptitude to drive a taxi-cab in accordance with law and custom and the conditions of taxi-cab service operation.' "Whether the applicant's recent offences, prior complaints, warnings, suspensions and cancellations meant the respondent's refusal to renew his taxi driver authority was the correct and preferable decision."]

Ratio Decidendi

The Tribunal affirmed the refusal because the applicant's repeated contraventions of an apprehended violence order, including committing a further offence while on a good behaviour bond for a similar offence, his recent common assault matter, failure to notify the respondent of offences, history of complaints, warnings, suspensions and cancellations, and substantiated sexual harassment of female passengers showed a failure to learn from past misconduct, modify behaviour, accept responsibility or demonstrate genuine remorse. The Tribunal was not satisfied that the past improper conduct would not recur and therefore could not attest that the applicant was a fit and proper person or had...

Court Disposition

The decision is affirmed.

Orders

• ['The decision is affirmed.']