A former taxi driver who uploaded child exploitation material to Facebook has lost his appeals to re-enter the industry after saying he published the video only to "highlight this terrible criminal activity".
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The former driver, who held a public vehicle taxi licence and registration to work with vulnerable people (WWVP) as a requirement of his job, was sentenced to a suspended 12-month jail term and good behaviour bonds after he uploaded the video in 2018.
He pleaded guilty to using a carriage service to transmit child pornography and possession of child exploitation material.
In February 2020, he informed the ACT transport department of those convictions and four months later, the Commissioner for Fair Trading became aware of them.
This triggered a new risk assessment of the driver based on a section in the relevant legislation for working with vulnerable people.
Ultimately, the commissioner cancelled his registration in September last year because he was found to pose "an unacceptable risk of harm to vulnerable people whilst engaging in a regulated activity or service".
"No suitable condition has been identified that would sufficiently mitigate the type and level of risk identified in the risk assessment," a delegate to the commissioner said.
At the same time, the transport department cancelled his driving licence because he was a "registrable offender".
The former driver applied to the ACT Civil and Administrative Tribunal for a review but the commissioner argued for his application to be dismissed because it was frivolous and vexatious.
"It is my humble request to consider my appeal for my poor health and family circumstances because it is my unknown unaware [sic] emotional mistake," he said.
"I have no interest with this [sic] bad criminal actions.
"I need my WWVP card and taxi licence for my family help and my life.
"Please help me. Thanks."
The original tribunal found a merits review of the licence cancellation was "bound to fail".
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As for the registration, it focused on whether taxi driving was a regulated activity involving children and if the condition of him not carrying children could be imposed.
The original tribunal concluded even if such a condition were placed and able to be monitored, he would be unable to use such a limited registration because he did not and could not have a public vehicle taxi licence.
The original tribunal said pursuit of a full merits review of each of the decisions would be frivolous and vexatious and dismissed his application.
He appealed the tribunal's decision and in a recently published judgment, appeal tribunal president Mary-Therese Daniel said there was no error with the original tribunal having no option but to confirm the cancellation of his licence.
"The application for review of that decision had simply no prospects of success ... There was no error by the original tribunal in taking this path," she said.
Ms Daniel said the decision to cancel the registration was more complex because of a change in the relevant law, but ultimately it was correct.
"Because I was unable to identify any error by the original tribunal in reaching its decision to dismiss each application for review, I made orders dismissing each appeal," she said.
Ms Daniel said the appeals did not identify any legal or factual errors.
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