Liquor Commission Western Australia

Notice

Please note that the Liquor Commission shall be in recess from Monday, 22nd December 2014 to Friday, 9th January 2015


Considerations

The Commission when considering the matter will act speedily and with as little formality and technicality as is practicable. Will act according to good equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

  • May appoint counsel to argue or make representations as to any matter before it or an independent expert to inquire into a report upon any question of fact or opinion not involving a question of law.
  • The Commission may obtain information as to any question that arises for decision in such manner as it thinks fit; and make its determination on the balance of probabilities.
  • Each party to the proceedings before will be given a reasonable opportunity to present its case and, in particular, to inspect any documents to which the licensing authority proposes to have regard in making a determination in the proceedings and to make submissions in relation to those documents.
  • The Commission may however, consider whether publication or disclosure, to some or all of the parties, of evidence given before them or of a matter contained in a document lodged with the Commission or received in evidence by the Commission, shall be prohibited or restricted,

    It shall take as the basis of its consideration the principle that it is desirable that evidence given before the Commission and the contents of documents lodged or received in evidence should be made available to all the parties but shall pay due regard to any reasons given to the licensing authority why the publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

  • An infringement notice given under section 167 to the employee or agent of a licensee may be used as evidence in respect of a complaint lodged under this section with respect to that licensee.
  • It is not a defence to a complaint lodged under this section against a licensee to show that the licensee –
    1. did not know, or could not reasonably have been aware of or have prevented the act or omission which gave rise to the complaint; or
    2. had taken reasonable steps to prevent that act or omission from taking place.
  • The Evidence Act 1906 does not apply to the proceedings of the Commission and is not bound by the rules of evidence or any practices or procedures applicable to courts of record.
  • May, upon its own motion or upon the application of any party, adjourn the hearing or further hearing of any application or matter from time to time either to the same place or to any other place; and may consider and dismiss or determine applications, and receive submissions and representations in relation to any application before it, as it thinks fit.
  • When a case stated is pending which may affect any liability or assessment and the amount payable may be recovered as if no reviews, appeal or case stated were pending. If a liability or assessment is altered in consequence of a review, appeal or case stated, a due adjustment shall be made, for which purpose amounts paid in excess shall be refunded together with interest paid at the rate prescribed and amounts short paid shall be recoverable.

Last updated: 26/09/2008 13:31:15 PM