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Appeals

This appeal process applies when the Gambling Commission exercises its functions under section 224(1)(g) to (k). All appeals are from decisions made by the Secretary of Internal affairs and all must be heard by a division of the Gambling Commission (s227(1)).

Link to application forms:
Note: These documents are in Adobe Acrobat (.pdf) format. You need to have the Adobe Acrobat Reader installed on your computer. You can download a free version from the Adobe site.

Notice of Appeal against a Decision by the Secretary of the Department of Internal Affairs (.pdf) 43k

Application for Extension of Filing Time for Notice of Appeal (.pdf) 42k

Appellant files a notice of appeal using the specified form within 15 working days of notice of the Secretary’s decision, and pays the filing fee of $250

Appellant files application for an extension of time for filing within 15 working days of notice of Secretary’s decision. Chief Gambling Commissioner considers and makes a decision on the application

If application is allowed, date for filing set

Appellant files notice of appeal and pays filing fee by specified date

Commission sends copy of the notice of appeal to the Secretary and requests the DIA file

Secretary sends file to Commission within 10 working days

Chief Gambling Commisioner decides who is to be part of the Division

Division:

Decides if there is any reason to depart from the procedure of a hearing on the papers with submissions only from the appellant and the Secretary.

In particular the Division:

Considers and determines any application for an oral hearing.

Considers any factors supporting oral hearing.

If Division decides to hold an oral hearing, it decides whether a pre-hearing timetabling conference will be required, or whether it can determine the timetable without a conference.

Decides if the Division will be assisted by any other person providing submissions (s227(5)).

Division notifies appellant and Secretary (and any assisting parties) of the procedure to be followed and sends appellant all information received from the Secretary

If hearing on the papers:

The standard timetable will apply unless the division directs otherwise. The standard timetable orders are that:

Appellant files and serves written submissions, factual material in the form of affidavits, and any agreed statement of facts within 20 working days of notification by the Division.

Secretary files and serves written submission within 10 working days of receipt of appellant’s written submissions and any factual material in the form of affidavits.

Appellant files and serves written submissions and any affidavits in reply within 10 working days of receipt of the Secretary’s written submissions.

If any assisting party, Division decides as to appropriate submission time.

If oral hearing:

Division notifies appellant, the Secretary, and any assisting persons of the hearing and of either the timetable or the date of the pre-hearing conference.

Division notifies appellant of the hearing fee and requires payment of the appropriate sum prior to commencement of the hearing. (The fees are $450 for the first day of hearing, half day and part half day after the first day $450.) (s5 Gambling (Fees and Revocations) Regulations 2004.)

Division holds a hearing at which the appellant, the Secretary any assisting parties present submissions and evidence, the latter in the form of affidavits on which there may be cross-examination.

Division makes decision

Division may confirm, vary or reverse decision or refer the matter back to the Secretary with directions to reconsider any matter.

Division may award costs against either party.

Divison notifies decision

The division should give notice of the decision, with reasons, to the appellant and the Secretary.


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