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  4. Jason v Department of Transport and Main Roads Passenger Transport Operations - [2015] QCAT 399

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Jason v Department of Transport and Main Roads Passenger Transport Operations[2015] QCAT 399

Jason v Department of Transport and Main Roads Passenger Transport Operations[2015] QCAT 399

CITATION:

Jason v Department of Transport and Main Roads Passenger Transport Operations [2015] QCAT 399

PARTIES:

Peter James Jason

(Applicant)

 

v

 

Department of Transport and Main Roads Passenger Transport Operations

(Respondent)

APPLICATION NUMBER:

GAR163-15

MATTER TYPE:

General administrative review matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Allen

DELIVERED ON:

14 October 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

  1. The application for a stay is refused.

CATCHWORDS:

STAY APPLICATION – cancellation of operator’s accreditation – whether physical hardship outweighs public interest where applicant convicted of disqualifying offences

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 22(3) and (4)

Transport Operations (Passenger Transport) Act 1994 (Qld) s 20 and 103

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

  1. [1]
    Mr Jason held an Operator Accreditation – Limousine Services which was cancelled as a result of his conviction for a disqualifying offence[1] for which sentenced to 15 months imprisonment suspended after three months on 4 December 2014. The decision was internally reviewed and confirmed on 15 June 2015. Mr Jason then applied to the Tribunal to review the decision[2]. He has now applied for a stay of the original decision pending determination of the review application.
  2. [2]
    The Tribunal may make an order staying the operation of a reviewable decision pending the hearing of the application if it considers it desirable to do so in accordance with s 22(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). The Tribunal must have regard to the interests of any person whose interests may be affected by the making of the order or the order not being made; any submission made to the Tribunal by the decision-maker for the reviewable decision; and the public interest[3]. The Tribunal may also consider other matters in addition to those specified in s 22(4), including whether the balance of convenience favours the granting of the stay[4].
  3. [3]
    Mr Jason has submitted that the cancellation of his licence is causing him and his partner severe financial hardship. The Department submitted that it is not appropriate to have a person convicted of the type of offences of which Mr Jason was, and who is still serving the suspended portion of his term of imprisonment, operating a passenger service in a limousine. The Tribunal notes that Mr Jason’s driver accreditation was cancelled as a result of the conviction and that cancellation is still current. That the seriousness of the charges, the public interest and the need to uphold the public’s confidence in the operator accreditation scheme must take precedence over the applicant’s personal circumstances. Mr Jason is not prevented from undertaking other paid work for himself.
  4. [4]
    This is not a case where a licence has been suspended pending the hearing of charges, such as in the Eggins case. Mr Jason has been convicted and is still subject to his sentence. While the Tribunal sympathises with his financial situation the safety of the public must be paramount. It is for him to show that it is appropriate that he regain his operators accreditation at the hearing of the application and so the balance of convenience does not favour him. The Tribunal is not satisfied that it is desirable to grant to stay and the application is refused.

Footnotes

[1] Transport Operations (Passenger Transport) Act 1994 (Qld) s 20.

[2] TO(PT) Act s 103.

[3] QCAT Act s 20(4).

[4] Eggins v Queensland Police Service, Weapons Licensing Branch [2013] QCAT 165.

Close

Editorial Notes

  • Published Case Name:

    Peter James Jason v Department of Transport and Main Roads Passenger Transport Operations

  • Shortened Case Name:

    Jason v Department of Transport and Main Roads Passenger Transport Operations

  • MNC:

    [2015] QCAT 399

  • Court:

    QCAT

  • Judge(s):

    A/Senior Member Allen

  • Date:

    14 Oct 2015

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

Case NameFull CitationFrequency
Eggins v Queensland Police Service, Weapons Licensing Branch [2013] QCAT 165
1 citation
Jump To
Cite 1 - [2013] QCAT 165

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

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