Racing Amendment (Restructuring) Act 1999 (TAS)

The matter before the Court was a challenge by the Totalizator Agency Board (TAB) to a decision of the Director of Racing, who had refused to issue a licence to the applicant for a bookmaker’s clerk. The applicant had sought judicial review of the Director’s decision. The Director argued that the applicant was not a fit and proper person to hold such a licence because of previous criminal convictions. The Court was required to determine whether the Director’s decision was legally sound, in particular whether the Director was correct in his assessment that the applicant was not a fit and proper person to hold a licence. The Court found that the Director had not erred in his decision. The Director had correctly identified that the applicant was not a fit and proper person to hold a licence, and had not erred in his assessment of the applicant’s character and antecedents. The Court dismissed the applicant’s application for judicial review.