Mousa v Roads and Maritime Services [2017] NSWCATOD 162

Mousa v Roads and Maritime Services [2017] NSWCATOD 162

Despite no conviction being recorded, Mr Mousa was found guilty of indecent assault in the course of his duties; without evidence of current good reputation and in light of serious conduct, the tribunal cannot attest he is of good repute and a fit and proper person; thus, cancellation of his authority is affirmed.

Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Administrative Review / Substantive Decision
Outcome
Decision under review affirmed
Legal Topics
['driver Authorisation Cancellation' 'fit and Proper Person Test' 'good Repute' 'criminal Offence Without Conviction']
['administrative Law' 'transport Law'] ['driver Authorisation Cancellation' 'fit and Proper Person Test' 'good Repute' 'criminal Offence Without Conviction']

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Procedural Posture

Administrative Review / Substantive Decision

Legal Issues

  1. 1 ['Whether Mr Mousa is of good repute and a fit and proper person to be the driver of a private hire vehicle' 'Whether the cancellation of driver authorisation was correct on the basis of a finding of guilt for an offence with no conviction recorded']

Ratio Decidendi

Despite no conviction being recorded, Mr Mousa was found guilty of indecent assault in the course of his duties; without evidence of current good reputation and in light of serious conduct, the tribunal cannot attest he is of good repute and a fit and proper person; thus, cancellation of his authority is affirmed.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed.']