That's Entertainment (WA) Pty Ltd v Commissioner of Police

That's Entertainment (WA) Pty Ltd sought to challenge the disciplinary action taken against it by the Commissioner of Police under the Liquor Control Act 1988 (WA), arguing that the conduct that formed the basis of the disciplinary action had previously been acquitted in a criminal proceeding. The court had to determine whether the principles of double jeopardy and autrefois acquit could apply to disciplinary proceedings, and whether the tribunal could consider evidence of facts that had previously been dismissed by a Magistrate. The Liquor Control Act 1988 (WA) sections 95(1), 95(4), and 115(1) were key to the court's analysis.

The court held that the principles of double jeopardy and autrefois acquit did not apply to disciplinary proceedings as they are not criminal in nature. Therefore, the fact that the licensee had previously been acquitted of an offence arising from the same conduct did not preclude the Commissioner of Police from taking disciplinary action. Additionally, the court found that the tribunal was entitled to receive evidence of facts that had previously been dismissed by a Magistrate, as disciplinary proceedings are not bound by the same rules of evidence as criminal proceedings. The appeal was dismissed, and the disciplinary action taken against That's Entertainment (WA) Pty Ltd was upheld.