REVIEWABLE Decisions BY THE aCT CIVIL & ADMINISTRATIVE TRIBUNAL

Under the various gambling acts there is provision for applications to be submitted to the ACT Civil & Administrative Tribunal (ACAT) for review of a reviewable decision.  A reviewable decision means a decision made by the Commission in accordance with the provisions of a specific gambling Act, for example cancellation of or refusal to issue a casino employee licence or approved attendant certificate.

The Acts that contain this provision are the Gaming Machine Act 2004External link (section 173, schedule 1), the Casino Control Act 2006External link (section 137, schedule 1) and the Race and Sports Bookmaking Act 2001External link (section 84).

The information below has also been compiled for your assistance, additionally you can access the ACAT web site by clicking on the following link www.acat.act.gov.auExternal link.

Statement of Reasons

You are entitled to apply for a statement of reasons to explain why the decision was made.  If you wish to obtain a statement of reasons you must make your request to the decision maker within 28 days of receiving notification of the decision. 

However, it is usual that the reason(s) for a decision are included in the document that notified you of the decision, as well as advice that the decision is reviewable by ACAT.

Review by the ACT Civil & Administrative Tribunal

If your interests are adversely affected by a reviewable decision you may apply to ACAT for a review of the decision.

Location:                 ACT Magistrates Court Building

                              4 Knowles Place

                              Canberra City

 

Postal Address:        GPO Box 370,

                               CANBERRA CITY  ACT  2601

 

Telephone:               6207 1740                       

Facsimile:                6217 4855

              

Powers of the ACT Civil & Administrative Tribunal

ACAT is an independent body.  It can review on their merits a large number of decisions made by ACT Government ministers, officials and statutory authorities. It can agree with, change or reject the original decision, substitute its own decision or send the matter back to the decision maker for reconsideration in accordance with ACAT recommendations.

 

How to apply to the ACT Civil & Administrative Tribunal

To apply to ACAT for a review, simply write explaining the details of the decision and the reasons for asking for a review.  Alternatively, you can obtain an application form from ACAT by clicking hereExternal link.  It outlines all the information needed to process a review promptly.

Generally you should make your request for a review within 28 days of receiving the notice of the decision.  The time limit can be extended in some circumstances.  Check with ACAT for more details.

Costs

When lodging an application with ACAT you will be required to pay an application feeExternal link.   However, no fee is payable if you are receiving legal or financial assistance from the Attorney-General (see below) or are otherwise receiving legal aid or approved legal assistance.  If you are unable to pay the application fee you can apply to have the fee waived on the grounds of hardship.  Ask ACAT for more details.

You will have to pay any other costs involved in preparing or presenting your case, such as the engagement of a solicitor to represent you. 

The decision maker who made the decision will be the other party to your case.  You will not have to pay the costs of the decision maker if you are unsuccessful.

Access to documents

You may apply for access to any documents you consider relevant to this decision under the
ACT Freedom of Information Act 1989.  For more information on how you can obtain these documents please contact the ACT Gambling and Racing Commission on telephone 6207 0359.

Legal assistance

You may be able to get advice or legal aid by contacting the ACT Legal Aid Office at http://www.legalaid.canberra.net.auExternal link or via telephone 6243 3411 or 1300 654 314 from 9am to 4pm weekdays. 

You may also apply to the ACT Attorney General for legal or financial assistance.  Decisions to grant assistance are made on the grounds of hardship and that it is reasonable, in all the circumstances, for the assistance to be granted.  Write to:

          The Secretary

          ACT Department of Justice and Community Safety - http://www.jcs.act.gov.au/main.htmlExternal link
          GPO Box 158

          Canberra City   ACT   2601

The following organisations can also provide advice and assistance if you are eligible:

Aboriginal Legal Service             (6121 4705)   http://www.nwjc.org.au/atisla.htmlExternal link

ACT Council on the Ageing         (6282 3777)   http://www.cota-act.org.au/External link

Legal Advice Bureau                  (6247 5700)   http://www.citizensadvice.org.auExternal link

Welfare Rights and Legal Centre (6247 2177)   http://www.welfarerightsact.org/External link

 

 

What the ACT Civil & Administrative Tribunal will do

Conferences:

In many cases ACAT will arrange one or more conferences between you
(or your representative) and the decision maker.  The purpose of a conference is to obtain a better understanding of the issues and for the parties to try to reach a settlement.  If a settlement cannot be reached or the applicant does not withdraw the application for review, a hearing will be arranged.
 

Mediation:

Your case can, if both parties agree, be referred to mediation.  Mediation is an informal process where a neutral mediator helps parties try to resolve a dispute for themselves.
 

Hearings:

There will be a hearing of your case if it is not resolved at the conference or mediation stage.


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