Basham -v- Director General, Department of Transport [2000] NSWADT 170

Basham -v- Director General, Department of Transport [2000] NSWADT 170

Despite the applicant's good reputation in the community, he does not meet the requirements of s 11(2) of the Passenger Transport Act 1990 due to his convictions for serious alcohol-related offences, the circumstances of those offences, his ongoing alcohol consumption, and previous warnings; public protection takes precedence over the applicant's rehabilitation and elapsed disqualification periods.

Jurisdiction
Australia
Judgment Date
22 November 2000
Procedural Posture
Administrative Review / Principal Matter
Outcome
The reviewable decision is affirmed.
Legal Topics
['bus Driver Authority' 'passenger Transport Act' 'fit and Proper Person' 'public Safety' 'alcohol Related Driving Offences']
['administrative Law'] ['bus Driver Authority' 'passenger Transport Act' 'fit and Proper Person' 'public Safety' 'alcohol Related Driving Offences']

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Procedural Posture

Administrative Review / Principal Matter

Legal Issues

  1. 1 ['Whether the applicant meets the requirements of s 11(2) of the Passenger Transport Act 1990 for a bus driver authority' 'Whether the applicant is of good repute and a fit and proper person to drive public passenger vehicles' 'Whether the applicant has sufficient responsibility and aptitude to drive public passenger vehicles']

Ratio Decidendi

Despite the applicant's good reputation in the community, he does not meet the requirements of s 11(2) of the Passenger Transport Act 1990 due to his convictions for serious alcohol-related offences, the circumstances of those offences, his ongoing alcohol consumption, and previous warnings; public protection takes precedence over the applicant's rehabilitation and elapsed disqualification periods.

Court Disposition

The reviewable decision is affirmed.

Orders

  • ['The reviewable decision is affirmed.']