Intro
It is with pleasure that I present the Liquor Commission (Commission) Annual Report for the year ended 30 June 2025.
As has been the case for some time now, it has been a busy year for the Commission with 46 hearings held and 30 applications determined.
The Commission has seen an increase in the number of applications for review of a barring notice issued by the Commissioner of Police (Commissioner), receiving 27 such applications compared to 23 in 2023-24.
Similarly, the Commission saw an increase in the number of applications for review of the decision of the Director of Liquor Licensing (Director) lodged by objectors and licensees in opposition to the grant of liquor licenses. There were 11 such applications this year, up from 6 in the previous year.
In June 2025, the Liquor Control Amendment Bill 2025 (Amendment Bill) was introduced to Parliament to amend the Liquor Control Act 1988 (Act).
The Bill proposes to disestablish the Commission and confer its review and disciplinary functions to the State Administrative Tribunal (SAT), and to make the Director the sole Licensing Authority under the Act.
I take this opportunity to thank the SAT for the continued use of their facilities to conduct Commission hearings.
Finally, I wish to thank the Commission members for their efforts this year, and the staff of the Department of Local Government, Sport and Cultural Industries (DLGSC) for the provision of executive services in 2024-25 to support the effective operations of the Commission.
The Commission is established under section 8 of the Act to provide a flexible system to review the decisions of the Director, with as little formality and technicality as practicable. The Commission came into effect on 7 May 2007, replacing the Liquor Licensing Court.
The Liquor Commission Rules 2007 underpin the practices and procedures of the Commission and matters that are related and subject to the Liquor Control Regulations 1989, as to the costs and charges payable in relation to proceedings under the Act.
During 2024-25, the Minister responsible for the Commission was Hon Paul Papalia CSC MLA, Minister for Emergency Services; Corrective Services; Defence Industries; Veterans; Racing and Gaming.
The Commission’s primary function is to adjudicate on matters brought before it through referral by the Director, or by an application for a review of a decision made by the Director. The latter is achieved by way of a re-hearing and therefore makes its own determinations based on the merits of each case. When considering an application for review, the Commission may have regard to the material that was before the Director when making the decision.
The Commission is responsible for:
The Commission may make the following decisions:
Under the Western Australian legal system, in any proceedings constituted by three Commission members, the parties have the right to appeal the decision of the Commission to the Supreme Court of Western Australia (WA) on a question of law. The Commission will always abide by any decision made by the Supreme Court.
The Commission determines the following matters under the Act:
The Director may refer the whole or part of any matter that is to be determined by the Director, or any question of law arising from such a matter, for hearing and determination by the Commission.
When there is an appeal against the decision of one Commission member, it is to be heard and determined by the Commission constituted by three other members, including a member who is a lawyer.
The Liquor Commission determines complaints and disciplinary matters in accordance with section 95 of the Act. Complaints lodged to the Commission may be made by the Director, the Commissioner or a WA local government authority.
The Commission will determine the validity of the complaint and impose disciplinary measures if grounds exist for such a course of action.
The following table shows the number of section 95 complaints that were handled by the Commission during 2024-25.
An application for a review of a barring notice issued by the Commissioner can be heard by the Commission constituted by one member.
The Commission can hear and determine applications for the review of a STEO issued by the WAPF.
The Commission can hear and determine applications for the review of a BDO issued by the WAPF.
An application for review cannot be lodged against the following decisions of the Director:
Furthermore, the Commission cannot reconsider any finding of fact by the Director as to:
Section 9B of the Act provides that the Commission consists of a Chairperson and other members as determined by the Minister for Racing and Gaming.
At least one member of the Commission is required to be a lawyer as defined in section 3 of the Act. Members of the Commission are appointed for a maximum period of five years and are eligible for reappointment.
The member or members who constitute the panel in relation to an application/appeal shall be selected by the Chairperson, who will consider their knowledge or experience.
DLGSC provided executive support for the Commission in 2024-25. On 31 March 2025, the Premier of Western Australia, the Hon Roger Cook MLA, announced targeted reforms involving nine departments which came into effect on 1 July 2025. The reform included reshaping the Department of Local Government, Sport and Cultural Industries (DLGSC). The local government and racing, gaming and liquor functions of DLGSC joined the industry regulation and safety functions (remit of the Department of Energy, Mines, Industry Regulation and Safety) to form the Department of Local Government, Industry Regulation and Safety. Accordingly, as of 1 July 2025, the Department of Local Government, Industry Regulation and Safety (LGIRS) provides executive support for the Commission.
As of 30 June 2025, the Commission consisted of nine members:
Ms Power has been working predominately in property, development, corporate and commercial. Prior to studying law, she was a secondary school teacher teaching visual arts. In 2017, she became the principal of the private law practice Power Commercial Law. Ms Power is also the legal member of the Local Government Standards Panel.
Mr van Hattem is a barrister with experience in commercial, government and criminal law matters. Prior to joining Francis Burt Chambers, he worked as a solicitor at Freehills, the Aboriginal Legal Service, Rio Tinto and the State Solicitor’s Office. In 2020, Mr van Hattem served as President of the Law Society of WA.
Mr Shanahan has over 35 years’ experience in legal practice, in commercial litigation and dispute resolution. His practice has focused primarily on contract disputes, regulatory issues, administrative law, negligence, product liability, insurance and risk management, and building and construction. Since 2020, Mr Shanahan has been General Counsel at the University of Western Australia (UWA).
Ms Rowe has practiced as a solicitor in both England and Australia and was admitted as a Lawyer in the Supreme Court of WA in 2010. Ms Rowe currently works in property management and is a member of the Local Government Standards Panel.
Ms Hass is an experienced general counsel with a background in higher education and resources, and a strong history in Board governance. Ms Hass has practiced in Brisbane, Sydney, Canberra and Perth, in both private and public practice, specialising in house as General Counsel in several large universities. She is General Counsel to the Chief Advocate Mental Health Advocacy Services WA. Ms Hass holds a Bachelor of Laws (Honours) from the University of Queensland, a Master of Laws from UWA and a Bachelor of Arts from Deakin University.
Ms Davies is a Legal Practitioner Director at Vitalis Legal. She has practiced in both commercial and litigation areas, including appearances before the Supreme Court of WA, the State Administrative Tribunal and the Commission.
Mr Di Francesco is Special Counsel at Pragma Lawyers and practices in the areas of corporate law, commercial law, property law and commercial litigation. He has been a director of several companies and organisations in the real estate, sport and media industries.
Ms Brown has over 30 years of public sector leadership experience. Her distinguished career spans law enforcement, corruption prevention, policy development, legislative reform, and is a member on various governance committees. Ms Brown is currently the Executive Director, Professional Standards and Conduct at the Department of Education, with strategic responsibility for the functions of multi-disciplinary teams across legal and legislative services, risk and assurance, misconduct and reportable conduct, integrity education, child death reviews and criminal history screening.
Mr Brotherston has over 20 years' experience as a director and company secretary and has held executive and senior management positions in postal services, construction and transport and logistics industries. Mr Brotherston is currently employed with a major lithium mining company, with responsibility for contracting, procurement and supply chain management. He is a qualified barrister and solicitor of the High Court of New Zealand, and a legal practitioner in WA.