EJH v Independent Liquor and Gaming Authority [2021] NSWCATAD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJH v Independent Liquor and Gaming Authority [2021] NSWCATAD 7 Hearing dates: On the papers Date of orders: 13 January 2021 Decision date: 13 January 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: The application made by EJH seeking review of the "banning order" made by the Independent Liquor and Gaming Authority under s 78 of the Liquor Act 2007 (NSW) is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE REVIEW — jurisdiction of NCAT to review "banning orders" made by the Independent Liquor and Gaming Authority Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Liquor Act 2007 (NSW) Cases Cited: DLH v Nationwide News Pty Ltd [2018] NSWCATAD 92 Frost v TAFE NSW (No 2) [2019] NSWCATAD 129 Texts Cited: Nil Category: Principal judgment Parties: EJH (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2020/000295279 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the disclosure of the Applicant's name is prohibited.

REASONS FOR DECISION 1. On 3 July 2019, the Independent Liquor and Gaming Authority (the Authority) notified EJH, the applicant in these proceedings (the Applicant), of its decision to make a "banning order" under s 78(1) of the Liquor Act 2007 (NSW). That order banned the Applicant from entering or remaining on "licensed premises", Bar Broadway, for a period of six months commencing 8 July 2019 (the Banning Order). That order has now expired. 2. In October 2019, the Applicant applied to the NSW Civil and Administrative Tribunal (NCAT) for administrative review of that decision stating: "The Banning Order was made against me after I was thrown out of my local bar (Bar Broadway) where I have been an excellent customer for more than 5 years. The Licensee has continuously made false allegations against me (which have been dismissed)…" 1. For the reasons explained below the Tribunal does not have power to review the decision made by the Authority to make the Banning Order. It follows that the application for administrative review of that decision must be dismissed.