NSW Court of Appeal Rules in ILGA’s Favour

The Court of Appeal ruled in favour of ILGA, finding that ILGA has the power to impose gaming harm minimisation conditions on gaming-related applications in certain circumstances. These circumstances include gaming machine threshold increases that do not require a local impact assessment.  

This outcome means that ILGA retains the power to apply these conditions to gaming-related applications in the future.  

The full decision of Independent Liquor and Gaming Authority v Whitebull HTL Pty Ltd; Independent Liquor and Gaming Authority v Area Hotel UT Pty Ltd; Independent Liquor and Gaming Authority v The Griffith Hotel Pty Ltd [2023] NSWCA 224 is available here. 

In early July, ILGA deferred decisions on all gaming-related applications until the appeal is determined. Further information will be made available to member clubs impacted by this decision, including when ILGA will recommence decisions, as soon as it is available. 

ClubsNSW will monitor developments closely and continue to work with the Government to ensure that the gaming machine laws, and the administration of those laws, support a predictable, certain and transparent system that features robust responsible gambling safeguards.