Application for review of the Director's decision

Where a person who is a party to proceedings before the Director and is dissatisfied with the decision made, the person can apply to the Commission for a review of that decision.

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The application for review must be made within one (1) month after the applicant receives notice of the decision or such longer period as the Commission may allow. A written submission must be made to the Commission for consideration of an application received outside the one month time frame.

A copy of the application is to be served immediately on the Director and every other person who was a party to the proceedings before the Director.

The application must clearly state:

  • name, address and telephone number of the applicant
  • decision the applicant would like reviewed
  • grounds of the application
  • date of the decision.

Please note: the Director's decision will have effect unless the Commission, by way of an interim order (in some cases), otherwise directs.

Interim order

The Director's decision will have effect unless the Commission, by way of an interim order, otherwise directs.

An interim order can be granted on application(s) lodged for review of the Director's decision when:

  • the holder of a licence applied to the Commission for a review of a decision made by the Director in respect of that licence; or
  • the person is subject to a prohibition order under Part 5A of the Act applied to the Commission for a review of a decision made by the Director in respect of that order.

When considering an application for review

The Commission may consider an application for review via the papers that were before the Director when making the determination or by way of oral submissions. Notice of this will be sent on lodgement of the application for review.

The Commission will only accept and take into account any submissions that are based on the documentation that was before the Director when making the determination that is the subject of this application for review. No new evidence can be presented.

The Commission can not reconsider any finding of fact by the Director as to:

  • the qualifications, reputation or character of a person, or the fitness or propriety of a person in relation to an application or licence;
  • the adequacy or suitability of any premises, accommodation or services provided, or proposed to be provided under a licence; or
  • in relation to a club licence or an application for such a licence, the existence of the club,

unless the review is sought by the person who lodged the application in respect of which the decision was made or, where a finding referred to in paragraph (a) is made, by the person in respect of whom the finding was made.

When an application for review can not be lodged with the Commission

An application for review can not be lodged against a decision of the Director:

  • under section 93 to cancel a licence unless the application for review is made on a question of law
  • on an application for or the conduct of business under an extended trading permit (where the specified period exceeds three weeks but is no longer than five years) or an occasional licence
  • on the imposition, variation or cancellation of a term or condition of an extended trading permit or an occasional licence
  • on the assessment of a subsidy
  • relating to the hearing of a objection
  • on finding of fact required to be made in order for the matter or application to be disposed of; or
  • which is a decision made in the course of, and for the purposes of, the administrative duties of the Director not directly related to the outcome of any application or matter before the licensing authority.

Powers of the Commission when making its decision

The Commission when making its decision may:

  1. affirm, vary or quash the decision subject to review;
  2. make a decision in relation to any application or matter that should, in the opinion of the Commission, have been made in the first instance;
  3. give directions:
    1. as to any question of law, reviewed; or
    2. to the Director, to which effect shall be given; and
  4. make any incidental or ancillary order.

Constitution of the Commission

The Commission is to be constituted by three members if:

  • the decision relates to an application for the grant or removal of a licence;
  • the decision is to make, vary or revoke a prohibition order under Part 5A of the Act; or
  • the chairperson so determines.

When conducting a review of a decision involving a question of law or giving directions as to any question of law, reviewed, the Commission is to be constituted by, or is to include, a member who is a legal practitioner.

All other application(s) for review are to be heard by a panel of one member.

The member or members who are to constitute the panel in relation to any application shall be selected by the Chairperson, who may have regard for their respective knowledge or experience relating to the application lodged.

Page reviewed 13 December 2021