Jones v Liquor and Gaming NSW [2020] NSWCATAD 271

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jones v Liquor and Gaming NSW [2020] NSWCATAD 271 Hearing dates: On the papers Date of orders: 4 November 2020 Decision date: 04 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The application for review is dismissed for lack of jurisdiction. Catchwords: JURISDICTION – no identified enabling legislation Legislation Cited: Administrative Decisions Review Act 1997 Betting and Racing Act 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: White v Sutherland Shire Council [2019] NSWCATAD 100 Texts Cited: None cited Category: Principal judgment Parties: Ashley Jones (Applicant) Liquor & Gaming NSW (Respondent) Representation: Applicant: self-represented Respondent: Department of Customer Service File Number(s): 2020/00250723 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The Applicant, Ashley Jones asked the Respondent, Liquor & Gaming NSW to undertake regulatory action against a betting service provider, Palmer Bookmaking Pty Limited (Palmerbet), for a breach of the Betting and Racing Act 1998 (the Betting Act). The Respondent declined to do so, and the Applicant sought review of that decision by the Tribunal. 2. The Respondent now seeks dismissal of the proceedings under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (CAT Act), asserting, in effect, that the proceedings are misconceived as the Tribunal lacks jurisdiction to conduct administrative review of the decision. The issue therefore is whether the Tribunal has jurisdiction to conduct the administrative review the Applicant seeks. 3. The Applicant provided extensive submissions in support of his application for review, and the Respondent also provided written submissions. With the consent of the parties, the matter was dealt with on the papers.