Haggar v Roads and Maritime Services [2017] NSWCATOD 125

Haggar v Roads and Maritime Services [2017] NSWCATOD 125

The Tribunal set aside the cancellation because, despite the extreme seriousness of Mr Haggar's historical offences and the cogent adverse effect of his convictions on reputation, the objective evidence showed that people who knew him well and were informed of his crimes held him in good repute; psychiatric evidence...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Application for Review of Decision to Cancel Private Hire Vehicle Driver Authority / Administrative Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The Respondent's decision to cancel Mr Haggar's private hire vehicle driver authority was set aside.
Legal Topics
['good Repute' 'fit and Proper Person' 'private Hire Vehicle Driver Authority' 'cancellation of Driver Authority' 'historical Criminal Convictions' 'public Protection']
['administrative Law' 'occupational Licensing' 'passenger Transport Regulation'] ['good Repute' 'fit and Proper Person' 'private Hire Vehicle Driver Authority' 'cancellation of Driver Authority' 'historical Criminal Convictions' 'public Protection']

Source-derived case record

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Procedural Posture

Application for Review of Decision to Cancel Private Hire Vehicle Driver Authority / Administrative Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether the Respondent's decision to cancel Mr Haggar's private hire vehicle driver authority should be set aside." 'Whether Mr Haggar was of good repute and in all other respects a fit and proper person to be the driver of a private hire vehicle under section 40 of the Passenger Transport Act 1990.' "What weight should be given to Mr Haggar's historical convictions for child sexual assault offences, his suspended sentence and good behaviour bonds." 'What role public perception and public confidence should play in assessing good repute and fitness and propriety.' 'Whether conditions could appropriately be imposed on an authority to address public protection concerns.']

Ratio Decidendi

The Tribunal set aside the cancellation because, despite the extreme seriousness of Mr Haggar's historical offences and the cogent adverse effect of his convictions on reputation, the objective evidence showed that people who knew him well and were informed of his crimes held him in good repute; psychiatric evidence assessed him as low risk or minimal risk of reoffending; he had self-reported, pleaded guilty, shown remorse, undertaken rehabilitation, and had no evidence of further offending or driving complaints over about 27 years. In those circumstances the Tribunal was satisfied that he was of good repute and in all other respects fit and proper to be issued with an authority to drive...

Court Disposition

The Respondent's decision to cancel Mr Haggar's private hire vehicle driver authority was set aside.

Orders

  • ["The Respondent's decision to cancel Mr Haggar's private hire vehicle driver authority is set aside."]