Ivanovski v Roads and Maritime Services [2017] NSWCATOD 78

Ivanovski v Roads and Maritime Services [2017] NSWCATOD 78

On the evidence before the Tribunal, the applicant is not of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle, due to the serious criminal convictions and insufficient evidence of reformation, and honesty concerns.

Parties
Applicant: Lupco Ivanovski; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
18 May 2017
Procedural Posture
Merits Review / Administrative Review of Refusal of Authority to Drive Bus
Outcome
Decision of 2 December 2016 affirmed; application refused.
Legal Topics
Fit and Proper Person Test, Good Repute, Public Passenger Vehicle Driver Authority, Criminal Convictions
Administrative Law Occupational Licensing Fit and Proper Person Test Good Repute Public Passenger Vehicle Driver Authority Criminal Convictions

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Parties

Lupco Ivanovski

Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Merits Review / Administrative Review of Refusal of Authority to Drive Bus

Legal Issues

  1. 1 Whether the applicant is of good repute and a fit and proper person to drive a public passenger vehicle under the Passenger Transport Act 1990
  2. 2 Whether applicant's criminal convictions disqualify him from being granted authority

Ratio Decidendi

On the evidence before the Tribunal, the applicant is not of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle, due to the serious criminal convictions and insufficient evidence of reformation, and honesty concerns.

Court Disposition

Decision of 2 December 2016 affirmed; application refused.

Orders

  • Decision made on 2 December 2016 to refuse the applicant's application for an authority to drive a bus in New South Wales is affirmed.