Sex offender wins passenger car rights

A CONVICTED sex offender has been cleared to drive taxis, Ubers and other passenger vehicles despite having been refused accreditation by the industry’s regulator.

A CONVICTED sex offender found guilty of indecent acts against his daughter has been cleared to drive taxis, Ubers and other passenger vehicles.

The Sri Lankan national, known only as BRV for legal reasons, was found guilty in 2009 of an indecent act with a child under 16, fined $750, and placed on the sex offenders’ register for eight years.

A court found he had indecently touched his 11-year-old daughter — a claim he has always denied.

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No longer on the sex offenders’ register, BRV this year applied to Commercial Passenger Vehicles Victoria for the accreditation needed by anyone driving for taxi, hire car, and ride-sharing companies.

CPVV refused the man accreditation.

The Commercial Passenger Vehicles Industry Act 2017 states that CPVV must refuse an application for any driver who has been convicted of an offence such as BRV’s.

BRV then went to the Victorian Civil and Administrative Tribunal, asking that it exercise its jurisdiction to order CPVV to issue him with the accreditation. Last week, it granted his application.

“BRV was 47 years of age at the time he committed the offence on his 11-year-old daughter,” VCAT senior member Robert Davis ruled.

“The matter is completely inexcusable. However, it does appear to be a matter that is ‘one-off’ and happened nearly 10 years ago.

“I do not believe it is likely that BRV will commit any such similar offence in the future.

“He is now in a settled position with his current wife and there is every reason to believe that he will be a thoroughly law-abiding citizen in the future,” Mr Davis said.

VCAT ruled that a convicted sex offender be allowed to drive commercial passenger vehicles.

CPVV, formerly known as the Taxi Services Commission, was set up to oversee all commercial passenger vehicles after the Andrews Government deregulated the industry.

“Commercial Passenger Vehicles Victoria is currently considering its options after the decision made by the VCAT,” said the CPVV’s CEO, Aaron de Rozario.

A government spokeswoman said that tribunal decisions were independent, and it would be inappropriate to comment on individual cases.

“The safety of passengers is a major focus of the new Commercial Passenger Vehicles Act, and we understand Commercial Passengers Vehicle Victoria is currently considering the VCAT decision.”

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