Bashir v Transport for NSW [2023] NSWCATOD 18

Bashir v Transport for NSW [2023] NSWCATOD 18

Sufficient time has passed since the applicant's offences, he has demonstrated remorse, rehabilitation, and has positive community references; his driving record and non-disclosure issues are not sufficiently serious to prevent licensing; therefore, the applicant is of good repute and a fit and proper person and should be granted the authority.

Parties
Applicant: Kumar Bashir; Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
27 February 2023
Procedural Posture
Administrative Review / Final Determination
Outcome
Application granted; respondent decision set aside
Legal Topics
Passenger Transport Licensing, Bus Driver Authority, Fit and Proper Person, Criminal Record Relevance
Administrative Law Licensing Law Passenger Transport Licensing Bus Driver Authority Fit and Proper Person Criminal Record Relevance

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Parties

Kumar Bashir

Applicant

Transport for NSW

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether the applicant is of good repute and a fit and proper person to be granted a bus driver authority under the Passenger Transport Act 1990
  2. 2 Whether sufficient time has passed since the applicant's offences to demonstrate rehabilitation

Ratio Decidendi

Sufficient time has passed since the applicant's offences, he has demonstrated remorse, rehabilitation, and has positive community references; his driving record and non-disclosure issues are not sufficiently serious to prevent licensing; therefore, the applicant is of good repute and a fit and proper person and should be granted the authority.

Court Disposition

Application granted; respondent decision set aside

Orders

  • The decision under review is set aside.
  • The application for a bus driver authority is granted.