Appealing the Commission’s decision

Who can appeal

• A person who is a party to proceedings before the commission (including the Director intervening in proceedings before the commission under section 69(11)); and
• A person who is dissatisfied with a decision of the commission.

Who can't appeal

• A decision was made under section 96 to suspend the operation of a licence for a period of two weeks or less.
• If the decision was made (by one or three members) solely or partly on the basis of confidential information.
• When the commission constituted by one member made a determination on a review under section 25 of a decision of the Director.
• A decision was made by the commission constituted by a panel of three members (including one legal practitioner) unless it is on a question of law to the Supreme Court.

Further applications

If an application for the grant or removal of a licence is not granted because the licensing authority is not satisfied that granting the application is in the public interest, an application for the grant or removal of a licence of the same premises or land cannot be made within three years. However, an application may be lodged if the Director certifies that the proposed application is of a kind sufficiently different from the application that was not granted.

All other matters can be lodged with the Director immediately if new information is able to be presented.

Who to appeal to

• Decision of the commission on a section 95 complaint.
• Decision of the commission on a section 25 application for review.
• Decision of the commission constituted by one member on a matter referred by the Director.
• Decision of the commission constituted by three members on a matter referred by the Director.

Effect of the decision of the commission

Where the holder of a licence appeals against a decision of the commission in respect of that licence or a permit relating to that licence:

• the decision of the commission will not have effect; and
• the licence or permit shall (subject to the payment of any fees then due and payable) continue to have effect,

unless the Supreme Court or the commission as constituted under section 28(4a)(a), as the case requires, by way of an interim order, otherwise direct.

Supreme Court

An appeal to the Supreme Court can be made on question of law only. It shall be heard and determined by a single judge of the Supreme Court and must be instituted within the time, an in accordance with the procedure, prescribed by rules of the Supreme Court.

• affirm, vary or quash the decision appealed against; or
• make any decision that the commission could have made instead of the decision appealed against, or
• send the decision back to the commission for reconsideration in accordance with any directions or recommendations that the Court considers appropriate, and, in any case, may make any ancillary or incidental order the Supreme Court considers appropriate.

A copy of the appeal is to be served on every other person who was a party to the proceedings in which the relevant decision was made.

The application must clearly state the:

• name, address and telephone number of the appellant
• decision the appellant is appealing against
• grounds of the appeal
• name of the member who gave the decision
• date of the decision.
  

Constitution of the Commission

The commission is to be constituted by 3 members, including a member who is a legal practitioner.

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 matter referred.