A NSW Government website

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

Agency Information Guide

ILGA publishes this Agency Information Guide in accordance with section 20 of the Government Information (Public Access) Act 2009 (GIPA Act). It provides a mechanism to make government information accessible to members of the public. This is a guide to the information ILGA holds and how to access it.

1. About the NSW Independent Liquor & Gaming Authority (ILGA)

ILGA is an independent statutory decision-maker constituted under the Gaming and Liquor Administration Act 2007 (GALA Act) responsible for a range of liquor, registered club and gaming machine regulatory and music festival functions including determining licensing and disciplinary matters under the gaming, liquor and music festival legislation. 

1. 1 Functions and structure

The Authority has the functions conferred or imposed on it under gaming and liquor legislation. This includes the following Acts and the regulations and other instruments made under those Acts:

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

The Authority also has functions under the Music Festivals Act 2019.

The Authority performs functions under legislation, including:

  • determining licensing and gaming applications, in particular for contentious matters,
  • determining the subject status of a music festival and approving safety management plans
  • 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 taken against licensees and others, and
  • 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 members of the Authority are appointed by the Governor on the recommendation of the Minister, and include a Deputy Chairperson and Chairperson. The Chairperson is also the accountable authority for the agency. 

The Office of the ILGA (OILGA) is a separate staff agency with staff employed under the Government Sector Employment Act 2013 to support the Authority in discharging its functions and responsibilities.

A number of routine licensing functions are delegated to staff in Liquor & Gaming NSW. The full list of the Authority’s decision making functions, including delegated functions, are contained in the ILGA Regulatory Delegations Manual. 

2. How ILGA engages with the public and its stakeholders

2.1 How ILGA’s functions affect members of the public

ILGA performs its functions by ensuring the facilitation of the balanced development of the liquor and gaming industry, in the public interest, while minimising the harms associated with liquor consumption and gaming machines. In its decision making, the Authority considers the likely social impact the granting of an application will have on the local and broader community.

The general public can be at risk of the harms associated with the misuse and abuse of liquor and gambling activities. ILGA’s ability to minimise these harms therefore has an impact on the wider community’s wellbeing and safety. 

2.2 Public participation – liquor and gaming matters

ILGA assesses each application on its own merits. Issues relevant to the social impact of an application being granted will vary according to the circumstances of each case and will be influenced by the extent of stakeholder participation. Submissions identifying both positive and negative aspects of the application will be taken into account by the Authority when considering whether the impact of an application will be detrimental to the community.

ILGA is committed to promoting public participation and recognises the importance of community consultation in relation to liquor and gaming related applications. Feedback is encouraged and provides ways for stakeholders and the public to communicate with the Authority. Stakeholders and members of the public can:

  • make a submission on an application  
  • report a potential breach of the law by a business or licensed venue
  • make a complaint about a licensed business or incident, about L&GNSW or its service
  • make a suggestion or ask a question
  • submit a media enquiry
  • report fraud, corruption and misconduct
  • make an informal request for information
  • make a formal GIPA application.

3. Information ILGA holds

ILGA operates under principles of openness, transparency, and accountability and endeavours to provide access to as much information about its activities as is appropriate.

ILGA records are managed in line with its legal obligations under:

  • the GALA Act, which requires certain records to be maintained
  • the GIPA Act, which stipulates the provision of information in the public interest
  • the State Records Act 1998 (NSW), which regulates the manner in which the ILGA stores and disposes of government records. 

ILGA holds a range of information stored in a Content Management system, including (but not limited to):

  • approved board meeting minutes, decision documents, orders and notices
  • documents prepared in relation to liquor and gaming matter applications
  • documents relating to disciplinary complaints, review applications and investigations 
  • documents relating to the assessment of Music Festivals and subject status determinations
  • correspondence with NSW government agencies, applicants and other stakeholders
  • legal advice
  • internal working papers, policies and planning documents of the agency.

Some of this information can be accessed online via the ILGA website. 

4. Access to ILGA information

ILGA makes information available under the GIPA Act in the following ways:

  1. as open access information 
  2. through proactive release of information 
  3. through informal access 
  4. in response to a formal access (GIPA) application.

4.1 Open access information

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

  • this ILGA agency information guide
  • ILGA Charter
  • ILGA Code of Conduct
  • ILGA’s Public Interest Disclosures Policy
  • Data Breach Policy
  • ILGA Strategic Plan
  • ILGA Annual reports
  • other documents tabled in Parliament concerning ILGA
  • a disclosure log of information released under a GIPA decision that may be of interest to other members of the public (noting that the Department of Creative Industries, Tourism, Hospitality and Sport (DCITHS) is managing this process on behalf of ILGA)
  • a record of any open access information that is not made publicly available due to an overriding public interest against disclosure.

4.2 Proactive release

ILGA authorises the proactive release of information, where appropriate, to meet its objectives of open, accountable and transparent regulation. This includes:

  • delegations of statutory functions
  • board meeting notices and outcomes 
  • decision documents where appropriate
  • fact sheets, guidelines and reports
  • ILGA publications and guidelines
  • discussion/research papers.

If information is not available on ILGA's website, members of the public can suggest information for proactive disclosure. Please contact the Office of ILGA. 

4.3 Informal access requests for information

Anyone can request any type of information from ILGA. Information is made available in response to an informal request unless there are good reasons for not doing so, such as considerations that must be taken into account before deciding if the information can be released. ILGA may redact parts of the information or attach conditions such providing a view-only version where the requested information is sensitive and should remain confidential.

Please contact the Office of ILGA if you would like to make an informal request for records or information.

4.4 GIPA applications

Where requests cannot be dealt with informally, a formal application can be made under the GIPA Act. This gives a person a legal right to access the information unless there is an overriding public interest against release. 

DCITHS handles GIPA applications on behalf of ILGA. To make a request for information held by ILGA an access application must:

  • be in writing and addressed to DCITHS
  • clearly indicate that it is a formal access application made under the GIPA Act
  • provide a payment of $30 (by cheque, money order or credit card)
  • provide the name of the applicant and a postal or email address for correspondence in connection with the application
  • include such information as is reasonably necessary to enable the government information applied for to be identified.

Requests for personal information can also be made under the GIPA Act or the Privacy and Personal Information Protection Act 1998.

Review of a decision

You have the right to request a review of a GIPA decision. Please read the NSW Information and Privacy Commission’s publication Your review rights under the GIPA Act.

Contact ILGA

General enquiries

Mail: GPO Box 4012, Sydney, NSW 2001

Email: office@ilga.nsw.gov.au