Skocic v Roads and Maritime Services [2014] NSWCATOD 25

Skocic v Roads and Maritime Services [2014] NSWCATOD 25

The Tribunal found that the Applicant's two assault convictions and prior violence towards his wife were serious, but there was no direct nexus between that criminal behaviour and his activity in driving a public passenger vehicle. His workplace record, driving record, and references from former supervisors and a colleague supported that he was of good repute and fit and proper in the context of driving buses. The assaults had ceased, he had undertaken counselling, and the evidence indicated reoffending in that way was unlikely. Giving no weight to hardship, the correct and preferable decision was to set aside the cancellation.

Jurisdiction
Australia
Judgment Date
31 March 2014
Procedural Posture
Application for Review of Determination Cancelling Bus Driver Authority / Merits Review Decision
Outcome
The decision under review is set aside.
Legal Topics
['bus Driver Authority Cancellation' 'fit and Proper Person' 'good Repute' 'domestic Violence Assault Convictions' 'merits Review']
['administrative Law' 'transport Law'] ['bus Driver Authority Cancellation' 'fit and Proper Person' 'good Repute' 'domestic Violence Assault Convictions' 'merits Review']

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Procedural Posture

Application for Review of Determination Cancelling Bus Driver Authority / Merits Review Decision

Legal Issues

  1. 1 ['Whether the Applicant remained of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle under section 11(2)(a) of the Passenger Transport Act 1990.' "Whether the Applicant's convictions for assaults against his wife justified cancellation of his authority to drive buses." "Whether there was a sufficient nexus between the Applicant's criminal conduct in his home life and the activity of driving a public passenger vehicle." 'Whether hardship caused by cancellation was a relevant consideration.']

Ratio Decidendi

The Tribunal found that the Applicant's two assault convictions and prior violence towards his wife were serious, but there was no direct nexus between that criminal behaviour and his activity in driving a public passenger vehicle. His workplace record, driving record, and references from former supervisors and a colleague supported that he was of good repute and fit and proper in the context of driving buses. The assaults had ceased, he had undertaken counselling, and the evidence indicated reoffending in that way was unlikely. Giving no weight to hardship, the correct and preferable decision was to set aside the cancellation.

Court Disposition

The decision under review is set aside.

Orders

  • ['The decision under review is set aside.']