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NSW Independent Liquor & Gaming Authority
NSW Independent
Liquor & Gaming Authority

Charter

Policy statement 

The ILGA Charter supports the effective governance and operations of ILGA in line with its regulatory objectives and statutory functions.

1. Role of the Authority

The Independent Liquor & Gaming Authority (ILGA or Authority) is an independent statutory decision-maker established under the Gaming and Liquor Administration Act 2007 responsible for liquor, registered club and gaming machine regulatory functions. ILGA comprises Members appointed by the Minister. It employs its own staff (Office of ILGA or OILGA). 

While ILGA is an independent agency, this Charter has been developed with reference to relevant NSW Government policies, guidelines and legislation, including the Ethical Framework outlined in the Government Sector Employment Act 2013.

2. Functions of the Authority 

The Authority exercises powers and functions conferred on it under the following Acts: 

  • Gaming and Liquor Administration Act 2007
  • Liquor Act 2007
  • Gaming Machines Act 2001
  • Registered Clubs Act 1976
  • Gaming Machine Tax Act 2001

as well as regulations made under these Acts.

The Authority performs functions under this legislation, including:

  • determining liquor licensing and gaming applications, in particular for contentious matters
  • issuing various orders including requiring licensed premises to close for a period of time and banning persons from entering licensed premises for a period of time
  • determining disciplinary and remedial action to be taken against licensees and others
  • reviewing certain delegated decisions made on its behalf by Liquor & Gaming NSW and certain decisions made by the Secretary, Department of Creative Industries, Tourism, Hospitality and Sport (DCITHS, the Department).

It aims to:  

  • promote fair and transparent decision making,
  • deal with matters in an informal and expeditious manner, and
  • promote public confidence in its decision making.

The Authority performs its functions in accordance with the law. The Authority also takes appropriate regard to the Statement of Ministerial Expectations and the Ministerial Directions to the extend they apply to the decision in question, and subject to the constraints of the resources allocated to it. 

3. Responsibilities

3.1 Responsibilities of Individual Members

Every Member of the Authority must:

  • act in good faith and with due regard to the objects of the legislation under which the Authority exercises its powers
  • not seek, offer or receive money or gifts in order to obtain an actual or perceived benefit or favour
  • disclose any pecuniary interest or non-pecuniary interest which may give rise to a conflict of interest as soon as they arise
  • where an actual or perceived conflict of interest is identified, comply with ILGA’s decision on the management of the conflict, which may entail the member’s non-participation in relevant discussions and/or decisions
  • use due care and diligence in the execution of their role and powers
  • comply with the Ethical Framework for the public sector set out in the Government Sector Employment Act 2013
  • comply with the ILGA Code of Ethics and Conduct
  • prepare for, and attend, scheduled and extraordinary meetings of the Authority as far as is possible and use their best endeavours to attend meetings of any Authority Committee of which they are a member
  • actively participate in the decision-making process
  • not disclose information acquired as a consequence of their membership, other than as required or excused by law.

3.2 Responsibilities of the Authority Chairperson

The Authority Chairperson is the agency head and provides leadership by ensuring the Authority’s meetings are planned and conducted in an efficient and respectful manner, according to the scope and intent of the statutory objects, to permit Members to fulfil their duties. 

3.3 Responsibilities of the Authority Deputy Chairperson 

The Deputy Chairperson supports the Chairperson in performing their duties and has the responsibilities of the Chairperson while the Chairperson is absent or as agreed. 

3.4 OILGA 

OILGA supports the operation of the Authority, providing governance, operational, legal, stakeholder engagement and administrative support. 

3.4 Responsibilities of the Director, OILGA

The Director, OILGA has responsibility for leading and directing the work of the OILGA in the performance of its functions.

4. Authority Composition and Appointment

Appointments to ILGA are undertaken in line with the requirements of the Gaming and Liquor Administration Act 2007 and relevant NSW Government frameworks.

5. Authority Meetings

Authority meetings are held to allow consideration of relevant matters in a timely manner. Members are expected to attend every meeting, as far as is possible. Notification should be made to the Chairperson, should a Member not be able to attend.

5.1 General 

Subject to the Gaming and Liquor Administration Act 2007, the procedure for the calling of meetings of the Authority and for the conduct of business at those meetings is to be as determined by the Authority. 

The Authority generally meets monthly. The agenda and a notice of outcomes is published on the website.

5.2 Meeting agenda and minutes

The Chairperson, with the support of OILGA, determines the agenda for each meeting.

As far as is practicable, the agenda and Authority papers are circulated to Members at least five working days prior to the meeting. Distribution is electronic.

OILGA prepares the draft meeting minutes promptly after each meeting and submits to the Chairperson for approval or amendment within 3 working days of the meeting.

5.3 Decisions 

The Chairperson seeks to reach decisions by consensus. If consensus cannot be reached, the decision supported by a majority vote of Members at the meeting is the decision, as provided in clause 16 of Schedule 1 to the Gaming and Liquor Administration Act 2007.

Resolutions are reflected in the minutes. 

The Authority may consider matters by the circulation of papers through the relevant portal or by email, in which case a written resolution approved in writing by a majority of Members is taken to be a decision of the Authority.  The Authority may meet and make decisions via telephone or other electronic communication, provided any Member who speaks on a matter can be heard by the other Members.

Any resolutions made out of session are noted in the minutes of the next meeting.

5.4 Publication of Decisions

Certain decisions must be published on the ILGA website. Publication will occur as soon as practicable. 

The notice of an Authority decision includes a statement of reasons and, where appropriate, any penalty or sanction imposed, or any remedial action taken. The statement of reasons for decisions will include the findings (referring to relevant evidence or material), reference to applicable law and the reasoning that led to the conclusions drawn. 

5.5 Independent Advice 

ILGA may obtain reasonable independent advice to assist it in the proper exercise of its functions and responsibilities.

6. Delegations

The Authority may delegate the exercise of its functions to an authorised person or body, including:

  • one or more Members
  • a Committee of the Authority (as outlined in Section 8 Committees)
  • a designated public service employee.  

A number of routine functions are delegated to officers of the Department. The full list of the Authority’s decision-making functions, including delegated functions, are contained in the Regulatory Delegations Manual. 

7. Code of Ethics and Conduct

The Authority publishes its Code of Ethics and Conduct which binds all Authority Members and OILGA staff members. It is reviewed regularly and may be amended from time to time.

8. Committees

The Authority may establish one or more Committees to assist it in the exercise any of its functions and may delegate any of its functions to a Committee. 

The procedure for the calling of meetings of a Committee and for the conduct of business at a Committee meeting is to be as determined by the Authority or, subject to any delegation to it, by the by the Committee or its Chair.

The powers and responsibilities of each Committee are established by its Terms of Reference. Each Committee must report on matters considered at its meetings to the next Authority meeting, unless there has been no business since the previous meeting.

9. Recognising and Managing Conflicts of Interest

Members must declare any pecuniary or non-pecuniary interest which may give rise to a conflict of interest either at the date of declaration or subsequently.  Declarations of interest are recorded in a register which will be tabled at each meeting. Members should provide updated declarations as appropriate.

Completed declarations are retained by the OILGA and available to the Minister as requested.

In addition to the requirement to register ongoing interests, a Member must disclose any potential conflict of interest in relation to any matter before the Authority and may recuse him or herself from discussion of, or decision on the matter. Notwithstanding any such decision by the Member to recuse him or herself or not, the Authority may determine whether the Member must withdraw from discussion of, or decision on the matter. The disclosure and the decision of the Authority must be recorded in meeting minutes.

10. Resourcing and budget 

The Authority relies on the Department for the provision of sufficient financial and other resources to enable it to perform its statutory functions and to comply with all relevant requirements. This arrangement is governed by a Memorandum of Understanding (MOU) between ILGA and the Department.

ILGA is responsible for considering the adequacy and appropriateness of its annual budget for services not provided by the Department and for monitoring the financial reports with the objective of addressing any major departures from projected expenditure and providing input for future years’ budgets. 

11. Audit and Risk Management

Pursuant to the MOU, the Department provides internal audit and risk management services for the purpose of complying with the requirements of NSW Treasury’s TPP20-08 Internal Audit and Risk Management Policy for the General Government Sector. 

The Department also provides services relating to the:

  • Audit and Risk Committee and Secretariat,
  • Chief Audit Executive,
  • Internal Audit Function.

These arrangements are detailed in the MOU.

ILGA is committed to fostering a culture of risk awareness throughout the organisation ensuring that risk management aligns with the Authority’s strategic objectives and decision-making processes.

12. Work Health and Safety Obligations

ILGA is committed to providing a safe and healthy workplace. where employees feel safe, included and respected. Although ILGA is a separate statutory agency, it relies upon other agencies (primarily DCITHS) to provide it with various facilities and services to help it discharge its work, health and safety (WHS) statutory functions. ILGA has a WHS policy that addresses its commitments, legal responsibility and framework for compliance with  WHS obligations. 

13. Reporting

The Authority will inform the Minister and the Secretary of the Department of significant issues and events, in particular, emerging or existing risks. 

ILGA prepares an Annual Information Statement in line with the annual reporting compliance requirements for a statutory body outlined by NSW Treasury. It incorporates all regulatory requirements as outlined in the Liquor Act 2007 and the Government Sector Finance Act 2018. The Annual Information Statement will incorporate information on ILGA’s performance. ILGA’s annual reporting documents are published on ILGA’s website.

14. Government information and public access

ILGA is a government agency for the purposes of the Government Information (Public Access) Act 2009 (GIPA Act). ILGA operates under principles of openness, transparency, and accountability and endeavours to provide access to as much information about its activities as is appropriate. It has legal obligations to make government information available. Under the GIPA Act, it is generally presumed that all government agencies will disclose or release information, unless there is an overriding public interest against doing so.

ILGA publishes the following open access information as required under the GIPA Act:

To assist stakeholders, ILGA also publishes the following information:

  • delegations of statutory functions
  • meeting notices and outcomes
  • decision documents where appropriate
  • factsheets and reports
  • publications and guidelines

If information is not available on ILGA's website, members of the public can request information for proactive disclosure by contacting the Office of ILGA. 

 

We pay respect to the Traditional Custodians and First Peoples of NSW, and acknowledge their continued connection to their country and culture.

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