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
- 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
- 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.
Can I lodge a further application with Director for consideration?
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 do I appeal to?
If I appeal, will the decision of the Commission have effect?
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.
Last updated: 26/09/2008 13:48:20 PM