Peter Harris v Roads & Maritime Services [2018] NSWLC 14

Peter Harris v Roads & Maritime Services [2018] NSWLC 14

The 18 April 2018 letter did not convey any administrative decision by Roads & Maritime Services to cancel Mr Harris' licence. It merely advised him of the statutory consequence of his Victorian disqualification. Section 207(2) of the Road Transport Act 2013 applied to treat the Victorian disqualification as a NSW disqualification, and s 207(1) operated automatically to cancel the NSW licence. Because there was no decision by the Authority under cl 65(1)(j) or otherwise, there was no appealable decision under s 266(1), and the Local Court had no jurisdiction under s 267 to hear the appeal.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Criminal; Appeal Against Purported Cancellation of NSW Driver Licence / Preliminary Determination of Local Court Jurisdiction
Outcome
The Local Court has no jurisdiction to hear and determine an appeal in this matter.
Legal Topics
['driving Offences' 'driver Licence Cancellation' 'interstate Disqualification' 'appealable Decision' 'local Court Jurisdiction']
['criminal Law' 'road Transport Law' 'administrative Law'] ['driving Offences' 'driver Licence Cancellation' 'interstate Disqualification' 'appealable Decision' 'local Court Jurisdiction']

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Procedural Posture

Criminal; Appeal Against Purported Cancellation of NSW Driver Licence / Preliminary Determination of Local Court Jurisdiction

Legal Issues

  1. 1 ["Whether the notice sent by Roads & Maritime Services on 18 April 2018 was a decision to cancel Mr Harris' NSW driver licence." 'Whether any such decision was an appealable decision under ss 266 and 267 of the Road Transport Act 2013 (NSW).' "Whether s 207 of the Road Transport Act 2013 (NSW) applied so that the Victorian disqualification operated to cancel Mr Harris' NSW driver licence automatically." 'Whether the Local Court had jurisdiction to hear and determine the appeal.']

Ratio Decidendi

The 18 April 2018 letter did not convey any administrative decision by Roads & Maritime Services to cancel Mr Harris' licence. It merely advised him of the statutory consequence of his Victorian disqualification. Section 207(2) of the Road Transport Act 2013 applied to treat the Victorian disqualification as a NSW disqualification, and s 207(1) operated automatically to cancel the NSW licence. Because there was no decision by the Authority under cl 65(1)(j) or otherwise, there was no appealable decision under s 266(1), and the Local Court had no jurisdiction under s 267 to hear the appeal.

Court Disposition

The Local Court has no jurisdiction to hear and determine an appeal in this matter.

Orders

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