Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (3) and (5), where a person who is a party to proceedings
before the Director is dissatisfied with a decision made by the Director in
respect of those proceedings the person may apply to the Commission for a
review of that decision.
(2) An application
under subsection (1) must be made within a month after the applicant
receives notice of the decision or such longer period as the Commission may
allow.
(2a) An application
for a review of a decision made by the Director under section 93 to
cancel a licence can be made only on a question of law.
(2b) When carrying out
a review of a decision made by the Director, the Commission is to be
constituted by 3 members if —
(a) the
decision relates to an application for the grant or removal of a licence; or
(b) the
decision is to make, vary or revoke a prohibition order under Part 5A; or
(c) the
chairperson so determines under section 9A(2).
(2c) When conducting a
review of a decision made by the Director, the Commission may have regard only
to the material that was before the Director when making the decision.
(2d) When conducting a
review of a decision involving a question of law or giving directions under
subsection (4)(c)(i), the Commission is to be constituted by, or is to
include, a member who is a lawyer.
(3) A review of a
decision under this section shall not reconsider any finding of fact by the
Director as to —
(a) the
qualifications, reputation or character of a person, or the fitness or
propriety of a person in relation to an application or licence;
(b) the
adequacy or suitability of any premises, accommodation or services provided,
or proposed to be provided, under a licence; or
(c) 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.
(4) On a review under
this section, the Commission may —
(a)
affirm, vary or quash the decision subject to the review;
(b) 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;
(c) give
directions —
(i)
as to any question of law, reviewed; or
(ii)
to the Director, to which effect shall be given;
and
(d) make
any incidental or ancillary order.
(5) This section does
not apply to any decision —
(a) in
respect of or incidental to —
(i)
an application for or the conduct of business under an
extended trading permit or an occasional licence; or
(ii)
the imposition, variation or cancellation of a term or
condition of an extended trading permit or an occasional licence; or
(iia)
the cancellation of, or suspension of the operation of, an extended trading
permit or an occasional licence; or
(iii)
the assessment of a subsidy;
(b) that
by this Act is stated not to be subject to review;
(ba)
which is a decision made in the course of, or for the purposes of, an
application or matter but is not the decision, or one of the decisions,
disposing of the application or matter, and in particular does not apply
to —
(i)
a decision relating to the hearing of an objection; or
(ii)
a finding of fact required to be made in order for the
matter or application to be disposed of;
or
(c)
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.
(5a) Despite
subsection (5)(a)(i), this section does apply to a decision in respect of
or incidental to an application for an extended trading permit of a kind
prescribed.
(6) For the purposes
of this section —
(a) a
person who lodged an objection to an application, and did not withdraw it, is
a party to any proceedings on the application, whether or not the objection
was heard;
(b) the
transferor of a licence is a party to any proceedings relating to the transfer
of the licence;
(c) a
person who held a licence which was cancelled under section 93 is a party
to any proceedings relating to its cancellation under that section.
[Section 25 amended by No. 56 of 1997
s. 29; No. 12 of 1998 s. 14; No. 73 of 2006 s. 22 and
106; No. 21 of 2008 s. 675(3).]