Hasan v Roads and Maritime Services [2015] NSWCATOD 132

Hasan v Roads and Maritime Services [2015] NSWCATOD 132

The Tribunal did not accept the applicant's explanations for the common assault and knowingly use false document offences. Both categories of offence were serious and reflected adversely on his reputation and fitness and propriety, the false document offences indicated dishonesty and lack of integrity, the convictions were recent, and there was no evidence apart from the convictions and the applicant's evidence as to his reputation and fitness. The Tribunal was therefore not satisfied that he was of good repute and in all other respects a fit and proper person to drive a public passenger vehicle.

Jurisdiction
Australia
Judgment Date
18 November 2015
Procedural Posture
Administrative Review of Refusal of Application for Authority to Drive a Bus in New South Wales / Review of Internal Review Decision
Outcome
The decision made on 14 July 2015 to affirm the decision to refuse the applicant's application for an authority to drive a bus in New South Wales is affirmed.
Legal Topics
['bus Driver Authorisation' 'good Repute' 'fit and Proper Person' 'criminal Convictions']
['administrative Law' 'passenger Transport Regulation'] ['bus Driver Authorisation' 'good Repute' 'fit and Proper Person' 'criminal Convictions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of Refusal of Application for Authority to Drive a Bus in New South Wales / Review of Internal Review Decision

Legal Issues

  1. 1 ['Whether the applicant is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle, taking into account the convictions recorded against him on 4 November 2014 and 1 April 2015.']

Ratio Decidendi

The Tribunal did not accept the applicant's explanations for the common assault and knowingly use false document offences. Both categories of offence were serious and reflected adversely on his reputation and fitness and propriety, the false document offences indicated dishonesty and lack of integrity, the convictions were recent, and there was no evidence apart from the convictions and the applicant's evidence as to his reputation and fitness. The Tribunal was therefore not satisfied that he was of good repute and in all other respects a fit and proper person to drive a public passenger vehicle.

Court Disposition

The decision made on 14 July 2015 to affirm the decision to refuse the applicant's application for an authority to drive a bus in New South Wales is affirmed.

Orders

  • ["The decision made on 14 July 2015 to affirm the decision to refuse the applicant's application for an authority to drive a bus in New South Wales is affirmed."]