Licensing, Liquor & Gaming
9. Complaints Against You
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 06 Aug 2015
- If a complaint has been lodged against you then you will usually be summonsed to appear at a hearing before the commission.
- You must come to the hearing and you may have a lawyer to speak on your behalf
- If the complaint relates to a serious matter you should carefully consider whether or not you want to have a lawyer. Penalties imposed on you can be severe including the cancellation of your licence in the most serious cases.
- Generally the person making the complaint is the director responsible for gambling and licensing. At a hearing the director is represented by a prosecutor this will usually be either:
- a lawyer; or
- a licensing inspector.
- The exact process will vary in each state and territory. The following gives you a general idea of the key steps in the process.
- At the start of the hearing the prosecutor reads out a summary of the complaint made against you.
- The commission will ask you whether you admit or deny the complaint.
- If you admit the complaint you will be given the chance to tell the commission about any matters you wish to have taken into account in deciding the appropriate penalty.
- The prosecutor and the commissioners are entitled to ask you questions in respect of any matters you may raise.
- After hearing your response the commission will ask the prosecutor to make submissions on the appropriate penalty.
- The prosecutor may refer the commission to any prior offences you may have committed and any other matters the commission deems to be relevant.
- If you do not admit the complaint the prosecutor will call witnesses to give evidence on behalf of the person making the complaint.
- You or your lawyer will be given an opportunity to ask questions of any witnesses.
- Once the commission has heard from all the prosecution witnesses then you will be given an opportunity to present any evidence you wish to bring in your defence.
- You may call your own witnesses who will testify on your behalf.
- You may also provide the commissioners with copies of any documents you wish them to take into account in determining the complaint.
- At the end of the evidence from both sides the commission will usually adjourn (postpone) the case to consider its decision on whether or not the complaint has been proven.
- The decision of the commission is usually published including the reasons for the decision.
- If the complaint is not proven that is the end of the matter and there will be nothing further for you to do.
- If the complaint is proven you will be need to come to another hearing when you can make submissions to the commission about the appropriate penalty.
- Once the commission has heard all the evidence on the appropriate penalty it will normally adjourn the case again. On the next occasion it will make an order for your penalty and publish a formal decision.
- If a complaint has been made against you it may be a good idea to get some specialist legal advice about your options and to have some legal representation in the hearing. Our free Find a Lawyer directory may help you get in touch with an experienced Licensing, Liquor & Gaming lawyer.
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