Sheather v Transport for NSW [2025] NSWCATOD 13

Sheather v Transport for NSW [2025] NSWCATOD 13

The Tribunal cannot attest that the Applicant is of good repute due to the recent and significant nature of his criminal offending and being subject to a conditional release order, combined with his failure to disclose material facts in his application forms. Therefore, the refusal of a bus driver authority is affirmed.

Parties
Applicant: Michael John Sheather; Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
05 February 2025
Procedural Posture
Administrative Review / Final Decision
Outcome
Application dismissed; administrative refusal affirmed
Legal Topics
Driver's Authority, Fit and Proper Person, Good Repute, Administrative Review
Administrative Law Transport Law Driver's Authority Fit and Proper Person Good Repute Administrative Review

Case Brief

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Parties

Michael John Sheather

Applicant

Transport for NSW

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the Tribunal can attest that the Applicant is of good repute and a fit and proper person to hold a bus driver authority
  2. 2 Effect of Applicant's criminal offences and conduct on fitness and reputation
  3. 3 Effect of non-disclosure of material facts in the application

Ratio Decidendi

The Tribunal cannot attest that the Applicant is of good repute due to the recent and significant nature of his criminal offending and being subject to a conditional release order, combined with his failure to disclose material facts in his application forms. Therefore, the refusal of a bus driver authority is affirmed.

Court Disposition

Application dismissed; administrative refusal affirmed

Orders

  • Pursuant to s 55(4) of the Administrative Decisions Review Act 1997, it is necessary for the Tribunal to deal with the application.
  • The decision the subject of the administrative review is affirmed.