Keane v Roads and Maritime Services [2015] NSWCATOD 164

Keane v Roads and Maritime Services [2015] NSWCATOD 164

On the evidence of rehabilitation, positive references including those aware of applicant's convictions, current employment in a position of trust, psychologist's report, and absence of subsequent offences, the tribunal finds applicant is of good repute and fit and proper to hold a taxi-cab driver authority under s 33(3)(a) of the Passenger Transport Act 1990.

Jurisdiction
Australia
Judgment Date
11 June 2015
Procedural Posture
Administrative Review / Final Orders
Outcome
decision under review set aside
Legal Topics
['passenger Transport' 'taxi Driver Authority' 'fit and Proper Person' 'good Repute' 'criminal Convictions' 'rehabilitation']
['administrative Law' 'occupational Licensing'] ['passenger Transport' 'taxi Driver Authority' 'fit and Proper Person' 'good Repute' 'criminal Convictions' 'rehabilitation']

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Procedural Posture

Administrative Review / Final Orders

Legal Issues

  1. 1 ['Whether applicant is of good repute and a fit and proper person to hold a taxicab driver authority under s 33(3)(a) of the Passenger Transport Act 1990']

Ratio Decidendi

On the evidence of rehabilitation, positive references including those aware of applicant's convictions, current employment in a position of trust, psychologist's report, and absence of subsequent offences, the tribunal finds applicant is of good repute and fit and proper to hold a taxi-cab driver authority under s 33(3)(a) of the Passenger Transport Act 1990.

Court Disposition

decision under review set aside

Orders

  • ["The decision of Roads and Maritime Services to refuse the applicant's taxi-cab driver authority is set aside." 'The tribunal attests that the applicant is of good repute and fit and proper to be the driver of a taxi-cab.']