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The Casino, Liquor and Gaming Control Authority was established by the Casino, Liquor and Gaming Control Authority Act 2007 (Act No.91, 2007) as an independent New South Wales Government agency. (1) It replaced the Casino Control Authority, the Liquor Licensing Board and the Licensing Court of New South Wales.
It was responsible for the regulation of gaming and liquor licensing matters at the at the Star Casino, with both enforcement and quasi-judicial functions under the casino legislation. The Authority had licensing and approval (but not enforcement) functions under legislation for liquor, gaming machines and registered clubs. It also had review and disciplinary functions in relation to liquor and gaming, including the casino. (2)
The Act provided that at least one of the appointed members must be a person who was or had been a Judge, or an Australian lawyer for at least seven years. One of the appointed members was to be appointed as Chairperson, and another was to be appointed as Deputy Chairperson. (4)
Regulatory functions relating to liquor, gaming and registered clubs were shared between the Authority and the Director of Liquor and Gaming, the Office of Liquor, Gaming and Racing. (5)
On 4 April 2011, upon the abolition of Communities NSW, the Authority became part of the Department of Trade and Investment, Regional Infrastructure and Services. (6)
On 1 March 2012 the Authority's title was changed to the Independent Liquor and Gaming Authority (ILGA). While the regulatory Act was renamed from the Casino, Liquor and Gaming Control Authority Act 2007 to the Gaming and Liquor Administration Act 2007. (7)
An additional group of officers assisted the Authority to exercise its (non‐casino) liquor and gaming‐related functions. Until 11 February 2013 these officers did not report to the Authority but to the Executive Director, Office of Liquor, Gaming and Racing. A Memorandum of Understanding signed on 11 February 2013 was implemented to amend this structure and those staff carrying out Authority work, reported to the Authority. (8)
The Independent Liquor and Gaming Authority Staff Agency was established by Administrative Order on 24 February 2014 to provide personnel services to the ILGA. (9)
On 1 July 2015 ILGA was transferred to the Department of Justice. The staffing agency for the Authority was abolished on 30 October 2015 and all staff were reassigned to the Department of Justice within the Liquor and Gaming NSW (L&GNSW) branch. (10)
The Authority's former administrative and processing functions were transferred to L&GNSW under an annually signed Instrument of Delegation. The object of the Instrument was to delegate functions conferred or imposed on the Authority between ILGA and L&GNSW. The ILGA board was retained as an independent statutory decision maker and the administrative and processing functions were transferred to L&GNSW whom acted as Secretariat. As part of the reforms to the Authority that took effect in 2015-16, L&GNSW assumed responsibility for compliance monitoring of the casino. (11)
In September 2022, the Casino Legislation Amendment Act 2022 amended section 133 of the Casino Control Act 1992. The Amendments provide for new governance arrangements and delineation of functions between newly formed NSW Independent Casino Commission and ILGA, removing the function of the ILGA in the Casino Control Act. The role of the ILGA was changed to only provide statutory decision making for a range of liquor, registered club and gaming machine regulatory functions including determining licensing and disciplinary matters under the gaming and liquor legislation. (12)
From 21 November 2019 the Independent Liquor and Gaming Authority became responsible for oversight of high-risk music festivals under the Music Festivals Act 2019 (Act No.17, 2019). (13)
At June 2023 The Authority held a number of functions under liquor, gaming and music festivals legislation, including: determining liquor and gaming licensing proposals, determining disciplinary action taken against licensees and others, regulating music festivals and reviewing certain delegated decisions made on its behalf by Liquor & Gaming NSW. The Independent Liquor and Gaming Authority was responsible for licensing decisions and other regulatory functions under the Liquor Act 2007, Gaming Machines Act 2001, Registered Clubs Act 1976 and related legislation. Under the Casino Control Act 1992, the Authority was (until 5 September 2022) responsible for the regulation of NSW casinos and disciplinary complaints relating to the casinos. The Authority was also responsible for determining whether music festivals were subject to the requirements of the Music Festivals Act 2019, and for approving safety management plans for subject festivals. (14)
Endnotes
1. Casino, Liquor and Gaming Control Authority Act 2007 (Act No.91, 2007) s.6; NSW Government Gazette (2008 No 76),p.5864; NSW Legislation website, 27 June 2008.
2. Independent Liquor and Gaming Authority, Annual Report, 2011-12, p.3.
3. Casino, Liquor and Gaming Control Authority Act 2007 (Act No.91, 2007) s.7.
4. Casino Liquor and Gaming Control Authority, Annual Report, 2008-09, p.6.
5. Casino Liquor and Gaming Control Authority, Annual Report, 2010-11, p.6.
6. Independent Liquor and Gaming Authority, Annual Report 2013-14, p.4.
7. Clubs, Liquor and Gaming Machines Legislation (Amendment Act No.72, 2011) Commencement Proclamation (2012 No 64); NSW Government Gazette No.26, 9 March 2012, p.615; NSW Legislation website, 9 March 2012; Casino Control Amendment (Change of Name) Regulation 2012 (2012 No 65), NSW Government Gazette No.26, 9 March 2012, p.615; Gaming Machines Amendment (Change of Name) Regulation 2012 (2012 No 67); NSW Government Gazette No.26, 9 March 2012, p.615.
8. Department of Justice, Annual Report 2015-16, p.8; Independent Liquor and Gaming Authority, Annual Report 2015-2016, p.137.
9. Administrative Arrangements Order 2014 (2014 No 11), p.5; NSW Legislation website, 29 January 2014.
10. Administrative Arrangements (Administrative Changes—Liquor and Gaming) Order 2015 (2015 No 659), s.3; NSW Legislation website, 30 October 2015.
11. Independent Liquor & Gaming Authority, Annual Report 2016-2017, p.6.; Independent Liquor & Gaming Authority, Annual Report 2017-2018, p.148.
12. NSW Government Gazette No.507, 28 October 2022, p.2.
13. Independent Liquor & Gaming Authority, Annual Report, 2019-20, p.6.
14. Independent Liquor & Gaming Authority, Annual Report, 2022-23, p.7.
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