Recent Tribunal Decisions Consider Review Rights on Gaming Conditions

Burwood RSL Club v ILGA – NCAT Confirms Review Rights

Burwood RSL applied to NCAT last year seeking a review of a late-night gaming condition related to its proposal to relocate the Club to newly developed premises. Before the hearing, ILGA submitted an application challenging the Tribunal’s jurisdiction to review the condition.

In a decision on 4 April 2025, NCAT ruled in favour of Burwood RSL, confirming that the Tribunal has jurisdiction to review a condition imposed by ILGA requiring gaming machines to cease operation by 2am at the Club’s new premises.

ILGA had argued that such conditions were not reviewable, but the Tribunal found that because the condition was imposed as part of the approval to relocate the Club licence, it was “in relation to” a prescribed application under the Gaming and Liquor Administration Act 2007 (GALA). 

Gregory v ILGA – NCAT Declines Jurisdiction

In contrast, in Gregory v ILGA [2025] NSWCATAD 170 (16 July 2025), NCAT dismissed an application by The Coopers Hotel, Newtown, which sought to challenge a similar late-night gaming condition imposed by ILGA. The Tribunal found that the condition was imposed on the liquor licence itself, not on the extended trading authorisation (ETA) and therefore did not qualify as a reviewable decision under the GALA legislation.

This decision highlights the importance of how ILGA frames its decisions. Conditions imposed on a liquor licence, rather than directly on a prescribed application like an ETA, may fall outside NCAT’s review jurisdiction. 

ILGA’s Appeal and Ongoing Proceedings

ILGA appealed the Burwood RSL decision, arguing for a narrower interpretation of “in relation to” in the legislation. The appeal hearing took place on 25 July 2025, and the Tribunal's decision is still pending, with no specified timeframe for its release.

Notably, the Tribunal cancelled the previously scheduled September hearing on the Club’s originating application to NCAT to review the late-night gaming condition, pending the outcome of the appeal. The Coopers Hotel has also now filed to appeal this decision.

Ministerial Directions Reinforce Balanced Decision-Making

On 1 July 2025, the Hon. David Harris MP issued updated Ministerial Directions to ILGA, complementing the Statement of Expectations issued in February 2024. These directions emphasise that ILGA must:

• Give equal weight to all statutory objectives (e.g. harm minimisation, industry development).
• Avoid imposing conditions that depart from government policy or create new policy positions.
• Justify conditions based on the specific circumstances of each venue.

These directions reinforce ILGA’s role as an independent decision-maker while ensuring alignment with legislative intent and government policy.

Insights for Clubs

• Clubs should request a Statement of Reasons from ILGA for any approved or partially approved application with conditions or refused applications.
• Clubs should consider seeking legal advice when challenging ILGA decisions, especially where the framing of the condition is unclear.
• Ministerial Directions now require ILGA to justify conditions based on venue-specific circumstances and to avoid creating policy through decision-making.

These recent NCAT decisions, along with the updated Ministerial Directions, mark a constructive step forward in clarifying the regulatory framework for late-night gaming. They reinforce the importance of transparency, venue-specific reasoning and balanced decision-making.

With ILGA’s appeal pending and The Coopers Hotel decision under challenge, the legal landscape is still shifting. ClubsNSW will continue to monitor these developments and monthly ILGA application determinations.

If you have any questions, please contact ClubASSIST on 1300 730 001 or [email protected].