Stockdale v Roads and Maritime Services [2018] NSWCATOD 93

Stockdale v Roads and Maritime Services [2018] NSWCATOD 93

Although the applicant's conviction for soliciting murder was extremely serious, it was his only conviction, it did not arise in the context of bus driving, there was no evidence of complaints, sexual misconduct or violence toward passengers, the psychological evidence and referees indicated a low risk of recidivism, and the references from people aware of the conviction established that he had rebuilt good repute in the relevant community. Public confidence concerns justified restricting the authority, but did not require refusal where the authority was limited to driving buses for Fine Wine Tours or similar wine tour businesses and only carrying persons aged over 18 years.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Administrative Review of Refusal of Application for a Bus Driver Authority / Principal Judgment; Decision Under Review Set Aside and Substituted
Outcome
Decision under review set aside; substituted decision granting a bus driver authority subject to conditions.
Legal Topics
['bus Driver Authority' 'good Repute' 'fit and Proper Person' 'criminal Conviction and Rehabilitation' 'conditions on Authority']
['administrative Law' 'passenger Transport Licensing' 'occupational Licensing'] ['bus Driver Authority' 'good Repute' 'fit and Proper Person' 'criminal Conviction and Rehabilitation' 'conditions on Authority']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Application for a Bus Driver Authority / Principal Judgment; Decision Under Review Set Aside and Substituted

Legal Issues

  1. 1 ['Whether 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 under s 11(2) of the Passenger Transport Act 1990 (NSW).' "Whether the applicant's serious criminal conviction 17 years earlier prevented the grant of a bus driver authority." 'Whether any authority should be granted subject to conditions restricting the applicant to adult wine tour passengers.']

Ratio Decidendi

Although the applicant's conviction for soliciting murder was extremely serious, it was his only conviction, it did not arise in the context of bus driving, there was no evidence of complaints, sexual misconduct or violence toward passengers, the psychological evidence and referees indicated a low risk of recidivism, and the references from people aware of the conviction established that he had rebuilt good repute in the relevant community. Public confidence concerns justified restricting the authority, but did not require refusal where the authority was limited to driving buses for Fine Wine Tours or similar wine tour businesses and only carrying persons aged over 18 years.

Court Disposition

Decision under review set aside; substituted decision granting a bus driver authority subject to conditions.

Orders

  • ['The decision under review is set aside.' 'For the decision under review is substituted a decision that the applicant be granted a bus driver authority subject to the condition that he only drives buses in connection with his Fine Wine Tours business or any similar wine tour business with which he becomes...