Cho v Transport for New South Wales [2020] NSWCATOD 165

Cho v Transport for New South Wales [2020] NSWCATOD 165

The Tribunal found that it could not positively attest to the applicant being a fit and proper person to drive a bus at the present time due to the recent conviction for domestic violence and the ongoing conditional release order, which affects public confidence in the licensing system and passenger safety...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 September 2020
Procedural Posture
Review of Administrative Decision / Principal Judgment
Outcome
Decision under review affirmed
Legal Topics
['bus Driver Authority' 'good Repute' 'fit and Proper Person' 'refusal of Licence Due to Criminal Conviction' 'public Passenger Transport']
['administrative Law' 'occupational Licensing'] ['bus Driver Authority' 'good Repute' 'fit and Proper Person' 'refusal of Licence Due to Criminal Conviction' 'public Passenger Transport']

Source-derived case record

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Procedural Posture

Review of Administrative Decision / Principal Judgment

Legal Issues

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

Ratio Decidendi

The Tribunal found that it could not positively attest to the applicant being a fit and proper person to drive a bus at the present time due to the recent conviction for domestic violence and the ongoing conditional release order, which affects public confidence in the licensing system and passenger safety expectations.

Court Disposition

Decision under review affirmed

Orders

  • ['Decision under review affirmed.']