An administrative decision-maker considering a licensing application may take into account evidence of criminal conduct even where criminal charges were withdrawn, applying a civil standard of proof. A tribunal is not obliged to refer to all material before it where the governing statute does not explicitly or implicitly require consideration of that material and the tribunal gives adequate reasons for its decision. The NCAT transitional provisions in Schedule 1 of the NCAT Act do not apply to appeals from decisions made after the establishment day of 1 January 2014.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
3 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.