Gomez v Transport for NSW [2022] NSWCATOD 88

Gomez v Transport for NSW [2022] NSWCATOD 88

Although the Applicant had an excellent bus driving record, strong references, accepted responsibility, showed remorse, and did not intentionally mislead TfNSW in failing to disclose the District Court outcome, the recent serious negligent driving offence causing grievous bodily harm and the continuing Conditional Release Order meant that, at the time of review, the Tribunal could not attest that he was of good repute and otherwise a fit and proper person to drive a bus. The correct and preferable decision was therefore to affirm the refusal of the bus driver authority.

Jurisdiction
Australia
Judgment Date
09 August 2022
Procedural Posture
Application for Review of a Decision Refusing an Application for a Bus Driver Authority Under the Passenger Transport Act 1990 / Administrative Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The decision under review is affirmed.
Legal Topics
['bus Driver Authority' 'refusal of Authority' 'negligent Driving Occasioning Grievous Bodily Harm' 'good Repute' 'fit and Proper Person' 'failure to Disclose Offence']
['administrative Law' 'transport Law' 'occupational Licensing'] ['bus Driver Authority' 'refusal of Authority' 'negligent Driving Occasioning Grievous Bodily Harm' 'good Repute' 'fit and Proper Person' 'failure to Disclose Offence']

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Procedural Posture

Application for Review of a Decision Refusing an Application for a Bus Driver Authority Under the Passenger Transport Act 1990 / Administrative Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Tribunal could attest that the Applicant is of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle.' "Whether the Applicant's finding of guilt for negligent driving occasioning grievous bodily harm and current Conditional Release Order prevented grant of a bus driver authority." "Whether the Applicant's failure to notify TfNSW of the charge and failure to disclose the District Court finding in his renewal application affected his fitness and propriety."]

Ratio Decidendi

Although the Applicant had an excellent bus driving record, strong references, accepted responsibility, showed remorse, and did not intentionally mislead TfNSW in failing to disclose the District Court outcome, the recent serious negligent driving offence causing grievous bodily harm and the continuing Conditional Release Order meant that, at the time of review, the Tribunal could not attest that he was of good repute and otherwise a fit and proper person to drive a bus. The correct and preferable decision was therefore to affirm the refusal of the bus driver authority.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']