Christopher v Roads and Maritime Services [2017] NSWCATOD 187

Christopher v Roads and Maritime Services [2017] NSWCATOD 187

The Tribunal was satisfied that Mr Christopher was presently of good repute and a fit and proper person because his criminal offending occurred in a discrete period ending in 2008, he had shown candour and genuine remorse, had not reoffended, had distanced himself from drugs and related criminality, and had strong evidence of rehabilitation and good reputation from informed referees. Although his driving record was poor and included infringements in 2015 while working as a courier, he had no further traffic infringements in the past two years, his infractions had not involved injury or negligent driving, and the evidence showed others trusted him as a driver. On balance he had sufficient...

Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Application for Review of a Decision Refusing Authorisation to Drive Private Hire Vehicles / Occupational Division Principal Judgment
Outcome
The decision under review was set aside and the applicant was authorised as a private hire vehicle driver.
Legal Topics
['refusal of Private Hire Vehicle Driver Authorisation' 'fit and Proper Person' 'good Repute' 'criminal Convictions' 'driving Offences' 'responsibility and Aptitude' 'rehabilitation']
['passenger Transport' 'administrative Law' 'occupational Licensing'] ['refusal of Private Hire Vehicle Driver Authorisation' 'fit and Proper Person' 'good Repute' 'criminal Convictions' 'driving Offences' 'responsibility and Aptitude' 'rehabilitation']

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Procedural Posture

Application for Review of a Decision Refusing Authorisation to Drive Private Hire Vehicles / Occupational Division Principal Judgment

Legal Issues

  1. 1 ['Whether the Tribunal could attest that Mr Christopher is considered to be of good repute and in all other respects a fit and proper person to be the driver of a private hire vehicle.' 'Whether Mr Christopher has sufficient responsibility and aptitude to drive a private hire vehicle.']

Ratio Decidendi

The Tribunal was satisfied that Mr Christopher was presently of good repute and a fit and proper person because his criminal offending occurred in a discrete period ending in 2008, he had shown candour and genuine remorse, had not reoffended, had distanced himself from drugs and related criminality, and had strong evidence of rehabilitation and good reputation from informed referees. Although his driving record was poor and included infringements in 2015 while working as a courier, he had no further traffic infringements in the past two years, his infractions had not involved injury or negligent driving, and the evidence showed others trusted him as a driver. On balance he had sufficient...

Court Disposition

The decision under review was set aside and the applicant was authorised as a private hire vehicle driver.

Orders

  • ['The decision under review is set aside.' 'The decision is made that the applicant is authorised as a private hire vehicle driver.']