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Merits Review Decisions

Secretary Decisions

ILGA can review certain decisions made by the Secretary, Department of Justice under the gaming and liquor legislation.  Decisions made by the Secretary that can be reviewed by ILGA include:

  • the imposition, variation or revocation of a licence condition
  • determination of a noise disturbance complaint
  • an order restricting or prohibiting certain activities that encourage the misuse of liquor and
  • a direction given to a club in relation to a proposed loan or management contract.

Delegated Decisions

Certain ILGA decisions made under delegation by Department of Industry staff can be subject to a merits review by ILGA. Delegated decisions reviewable by ILGA are an application lodged from 1 February 2016 for the grant or removal of a small bar licence, a producer/wholesaler licence that includes an application for a drink on premises authorisation, a packaged liquor licence requiring a Category A Community Impact Statement (limited to the sale of liquor by telephone, online and other remote means), and an on premises licence relating to a:

  • restaurant with a primary service authorisation
  • karaoke bar
  • catering service
  • vessel.

The Regulation also enables delegated decisions in relation to an application lodged from 1 February 2016 for extended trading for the above licences to permit the sale of liquor after midnight to be reviewed by ILGA.

A $100 fee applies to any other person who has standing to seek a review of a prescribed delegated decision. Under the Gaming and Liquor Administration Act 2007, standing is limited to those persons ​required to be notified of the application and who made a submission in relation to the application.