WA Government Public Transport Authority Tenders For Cardax

Western Australia Public Transport

Western Australia / November 5, 2021

The recent decision of Badran v Public Transport Authority of Western Australia [2017] WASCA 28, makes it clear that in Western Australia in order for an individual to obstruct, hinder or impede a public transport officer carrying out their duties, they must do more than merely fail or refuse to give information that is requested of them.

Facts

On 10 November 2009, Mr Badran took a train home. While on the journey, the concession ticket he had bought was checked by two Public Transport Authority of Western Australia (PTA) officers. Mr Badran’s concession card had expired. The concession card provided Mr Badran’s name and address but did not contain his date of birth. Mr Badran refused to provide his date of birth to the PTA officers. The PTA’s officers began issuing an Infringement Notice.

When the train reached the Esplanade Train Station, Mr Badran was asked to leave the train for failing to have the correct ticket. He did so. On the platform he was again asked by PTA officers for his date of birth, and again he refused. He was subsequently arrested. At trial, Mr Badran was found to have obstructed, hindered or impeded the PTA officers from carrying out their duty to issue him with an Infringement Notice, pursuant to regulation 40 of the Public Transport Authority Regulations. The Court found that, in arresting Mr Badran, the PTA officers were within their statutory power.

Appeal

The “substantive question raised” by Mr Badran’s appeal was “whether the security officers were entitled to arrest” him. He challenged the power of the PTA officers to request personal information and to arrest individuals.

Power to Request Personal Information

Section 16(2) of the Criminal Investigation (Identifying People) Act (WA) (CI Act) allows for PTA officers to request personal details from a person who they reasonably suspect has, is or is about to commit an offence or may be able to assist in an investigation of an offence. A person who, without reasonable excuse, does not comply with such a request or who gives false details commits an offence under ss 16(6) and 16(8) of the CI Act.

Source: pragmalegal.com.au