Section 28A of the Liquor Licensing Act 1997 (SA), which requires criminal intelligence to be considered without disclosure to licence applicants, validly excludes the common law natural justice hearing rule and is constitutionally valid (by majority). However, Gray J's dissent provides a detailed argument that requiring courts to deny procedural fairness is incompatible with Chapter III, which may be relevant to future challenges to similar provisions. The question of whether the Kable principle extends to require procedural fairness in State courts invested with federal jurisdiction remains contested.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
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