Courto v Tasmanian Gaming Commission

The Supreme Court of Tasmania, sitting as the Full Court, heard an appeal by Mr. Courto against a decision of the Tasmanian Gaming Commission. Mr. Courto, a holder of a special employee's licence under the *Gaming Control Act 1993* (Tas), faced disciplinary proceedings before the Commission for alleged breaches of his licence conditions, specifically purchasing keno tickets while on duty. The Commission had determined that Mr. Courto had breached these conditions and imposed a penalty.

The central legal issue before the Full Court was whether the Commission had erred in its determination that Mr. Courto had breached the conditions of his licence. This involved an interpretation of the relevant licence conditions and the factual circumstances surrounding Mr. Courto's actions. The Court was required to consider whether the evidence presented supported the Commission's finding that Mr. Courto had engaged in conduct prohibited by his licence.

The Full Court allowed the appeal, setting aside the Commission's decision and the prior order dismissing Mr. Courto's appeal to the Commission. The Court found that the Commission had erred in its interpretation and application of the licence conditions. Consequently, the Court ordered that Mr. Courto's special employee's licence be suspended for a period of three months. The parties were granted leave to apply regarding the commencement date of this suspension, with a default commencement date set 28 days after the making of the orders if no such application was made within 14 days.