In January 2025, the NSW Civil and Administrative Tribunal (NCAT) upheld the Point to Point Transport Commissioner’s decision to refuse an application for a booking service provider authorisation under point to point law. In making his decision, Senior Member Roney KC cited a previous case involving the Point to Point Transport Commissioner and upheld the principle that under the Point to Point Transport (Taxis and Hire Vehicles) Act, public safety must be a key priority.
The Applicant applied to the Commissioner to be authorised as a booking service provider, in this instance a limousine service, which, if authorised, would allow him to take bookings for passenger services and to carry out those services.
The applicant submitted a National Police Check as part of his application, which revealed he had been convicted of serious criminal offences. While being found guilty of these offences is not automatically disqualifying for an authorisation to run a business, it would prohibit a person from driving passengers in a taxi or hire vehicle.
A person authorised as a service provider who is not eligible to drive a taxi or rideshare vehicle (including hire cars) must employ or contract eligible drivers. The Commissioner considered there was a risk the applicant may conduct (drive) passenger services themselves which would pose a significant safety risk to the public if authorised. The Commissioner exercised his discretion to refuse the application under Section 31 (1) of the Point to Point Transport (Taxis and Hire Vehicles) Act.
The applicant sought an administrative review of the Commissioner’s decision from NCAT. Whilst NCAT acknowledged that the applicant’s previous criminal convictions did not disqualify the applicant from holding an authorisation under point to point transport law, the Tribunal agreed with the Commissioner’s identification of public safety as a matter of paramount importance.
Senior Member Roney KC noted that “…[the applicant’s] history gives rise to an unacceptable risk to public safety were the applicant to be authorised…The correct and preferrable decision…is to affirm the decision to refuse the authority sought”.
In a previous ruling in 2024, NCAT also upheld the Commissioner’s decision to refuse an application. In that case, the applicant’s charges were still before the courts, however, NCAT agreed with the Commissioner’s reasoning that due to the nature of the charges, there was a risk to public safety and as such upheld the decision not to grant the application.
Safety is the Commissioner’s priority, and NSW has strong safety laws to ensure the safety of taxi, rideshare and hire vehicle passenger services. Every provider must comply with these safety standards.