Hunt v Transport for NSW [2020] NSWCATOD 124

Hunt v Transport for NSW [2020] NSWCATOD 124

Although the applicant's risk of reoffending was found to be low and the offending was isolated, his conviction for assault occasioning actual bodily harm was recent, relatively serious, and he remained subject to a community correction order until 25 March 2021. Together with his failure to notify Transport for NSW of the assault charge contrary to cl 44 of the Passenger Transport (General) Regulation 2017 and the need to maintain public confidence in bus driver licensing, the evidence did not allow the Tribunal presently to attest that he was of good repute and a fit and proper person to drive a public bus.

Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Administrative Review of Licensing Decision / Review of Respondent's Decision Affirming Refusal to Renew Bus Driver Authority
Outcome
Decision under review affirmed.
Legal Topics
['bus Driver Authority' 'good Repute' 'fit and Proper Person' 'assault Conviction' 'community Correction Order' 'public Confidence in Licensing']
['administrative Law' 'occupational Licensing' 'passenger Transport Regulation'] ['bus Driver Authority' 'good Repute' 'fit and Proper Person' 'assault Conviction' 'community Correction Order' 'public Confidence in Licensing']

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Procedural Posture

Administrative Review of Licensing Decision / Review of Respondent's Decision Affirming Refusal to Renew Bus Driver Authority

Legal Issues

  1. 1 ['Whether the Tribunal could attest that the applicant was 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 assault occasioning actual bodily harm conviction and current community correction order prevented renewal of his bus driver authority." "Whether the applicant's failure to notify Transport for NSW of the assault charge affected his fitness, propriety and repute."]

Ratio Decidendi

Although the applicant's risk of reoffending was found to be low and the offending was isolated, his conviction for assault occasioning actual bodily harm was recent, relatively serious, and he remained subject to a community correction order until 25 March 2021. Together with his failure to notify Transport for NSW of the assault charge contrary to cl 44 of the Passenger Transport (General) Regulation 2017 and the need to maintain public confidence in bus driver licensing, the evidence did not allow the Tribunal presently to attest that he was of good repute and a fit and proper person to drive a public bus.

Court Disposition

Decision under review affirmed.

Orders

  • ['Decision under review affirmed.']