Hartwig v PE Hack [2007] FCA 1039

Hartwig v PE Hack [2007] FCA 1039

The AAT is entitled to take account of the fact of conviction, as s 12(3) of the Penalties and Sentences Act (Qld) does not expunge the conviction, and s 85ZR(2) of the Crimes Act (Cth) does not operate to prevent consideration of such a conviction in the circumstances; the application for interlocutory relief and substantive orders fails.

Parties
Applicant: Bruce James Hartwig; First Respondent: P E Hack, Deputy President Administrative Appeals Tribunal; Second Respondent: The Minister for Transport and Regional Services
Jurisdiction
Australia
Judgment Date
06 July 2007
Procedural Posture
Application for Judicial Review / Interlocutory Application and Final Disposal of Proceedings
Outcome
application dismissed; costs ordered against applicant
Legal Topics
Review of Tribunal Decisions, Spent Convictions, Fit and Proper Person Assessment
Administrative Law Review of Tribunal Decisions Spent Convictions Fit and Proper Person Assessment

Case Brief

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Parties

Bruce James Hartwig

Applicant

P E Hack, Deputy President Administrative Appeals Tribunal

First Respondent

The Minister for Transport and Regional Services

Second Respondent

Procedural Posture

Application for Judicial Review / Interlocutory Application and Final Disposal of Proceedings

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal erred in its approach to evidence of a conviction not recorded by the sentencing judge
  2. 2 Whether s 12(3) of the Penalties and Sentences Act 1992 (Qld) and s 85ZR(2) of the Crimes Act 1914 (Cth) preclude the AAT from considering the conviction for fit and proper purposes

Ratio Decidendi

The AAT is entitled to take account of the fact of conviction, as s 12(3) of the Penalties and Sentences Act (Qld) does not expunge the conviction, and s 85ZR(2) of the Crimes Act (Cth) does not operate to prevent consideration of such a conviction in the circumstances; the application for interlocutory relief and substantive orders fails.

Court Disposition

application dismissed; costs ordered against applicant

Orders

  • The Minister for Transport and Regional Services be joined as a party to the proceedings.
  • The application for interlocutory relief is dismissed.