Provisions for exclusion / self exclusion
All jurisdictions have provisions for self exclusion. In New South Wales, Queensland, the Australian Capital Territory and Northern Territory it is mandatory for a venue to have self-exclusion schemes in place. The Australian Capital Territory also places statutory responsibility on gambling venue licensees to exclude a person where the licensee has reasonable grounds for believing that the welfare of the person, or any of the person’s dependants, is seriously at risk because of the person’s gambling problem.
It is an offence in Queensland for gambling providers to distribute promotional material to known excluded persons.
In Tasmania, people can be excluded from gaming in a number of different ways – self-exclusion, third-party exclusion, venue operator exclusion and exclusion by the Commissioner of Police. Self-exclusion is available from TOTE and Betfair activities.
In Victoria, from December 2008 it has been a condition of a venue operator’s licence to have a self exclusion program. Venue operators must have their self-exclusion program approved by the Victorian Commission for Gambling Regulation (VCGR) by 1 June 2009.
In South Australia, the Independent Gambling Authority has conducted an inquiry into exclusion provisions. A report was released in September 2009.
In Western Australia, self exclusion is available at the Burswood Casino and all TAB agencies.
Clocks to be displayed
All jurisdictions other than Western Australia require clocks to be displayed either on the gaming machine or within the gaming area. Clocks have been installed on a voluntary basis in the casino in Western Australia.
Limitations on 24 hour gaming in pubs and clubs
All jurisdictions have some enforced break in gaming operations in pubs and clubs (Western Australia does not have gaming machines outside of the casino). The period of the enforced break in operation over a 24 hour period ranges from three to six hours. This is legislated in all states and territories.
In Tasmania the limitation on 24 hour gambling for hotels and clubs is specified in the Tasmanian Gaming Commission Rules. Disciplinary action can be taken against a venue which does not comply with Commission Rules. South Australia is planning to impose additional responsibilities on late trading venues. NSW research has found that the shutdown period was effective.
Requirement for proper lighting
The Australian Capital Territory and Victoria have requirements for proper lighting in gambling venues. It should be noted that the ability to provide natural light in gambling venues is inhibited in some cases by licensing conditions which state that gaming machines must not be visible from public thoroughfares.
In Western Australia, developments to the Burswood Entertainment Complex now provide for natural lighting in areas of the approved gaming floor.
In Tasmania, the introduction of minimum lighting standards is currently being explored as part of a mandatory code of practice to be established by the Gaming Commission under its recently expanded rule making powers.
Options for a new mandatory code of practice are also being explored by the Gaming Commission in relation to:
- advertising gambling products;
- player loyalty programs;
- inducements that may lead to problem gambling behaviour;
- clocks in gaming areas;
- further restrictions on access to cash; and
- improved signage.
Advertising restrictions
All states and territories have restrictions on advertising related to gaming machines. The nature of the restrictions varies across jurisdictions. For example, in some states and territories advertising restrictions apply to all gambling products; while in others they apply only to gaming machines.
Restrictions on player loyalty systems / programs
The Australian Capital Territory, New South Wales, Northern Territory, South Australia and Victoria have restrictions on player loyalty systems/programs. For example, in some states cash cannot be offered as a prize, participants are able to limit time play and net loss, and excluded persons are prohibited from participating.
Promotions and inducement restrictions
Gambling related inducements are banned in New South Wales, the Northern Territory and South Australia (from December 2008.)
In NSW gaming machine venues are prohibited from offering free or discounted liquor, or free credits, as inducements for people to play gaming machines. Action may also be taken against individual promotions or inducements offered by a club or hotel that offend responsible gambling practices.
Prize restrictions
In NSW there are restrictions on the value and nature of prizes and bonuses that can be offered to market gaming machines. These apply to all promotional, reward, loyalty or bonus schemes. There is a prohibition on any promotional or loyalty prizes by cash and prizes cannot be exchanged for cash. The limit of the value of a prize is $1,000. Bonus points cannot be converted to cash.
Minors banned from gaming machine areas
Minors are not permitted in gaming areas across Australia. Penalties are in place for the individual, venue operator and staff. In Tasmania, legislative amendments which took effect in 2009 have created a new offence to apply to special employees1 for allowing minors to enter or remain in a restricted gaming area.
Ban on smoking in gaming areas
Smoking is not permitted in gaming areas in all states and territories except Western Australia and Queensland. The Northern Territory has a provision for smoking only in the high roller rooms of the casino. In Western Australia smoking is banned in all casino gaming areas other than those in the international gaming facility. Queensland and Victoria currently allow smoking in the premium gaming areas of their casinos. In NSW the smoke-free environment laws apply to all enclosed venues, including all areas of a club or hotel since July 2007. NSW only allows smoking in a private gaming area of the casino.
Staff training in responsible gambling
All states and territories except Western Australia have mandated for staff training in responsible gambling.
Queensland has mandated staff training on the responsible service of gambling for hotel and club staff who carry out gaming duties or gaming tasks. Practical implementation of mandatory training will commence in October 2010.
In Western Australia the Casino Licensee has voluntarily introduced responsible service of gambling training for all staff.
In Tasmania, options are being explored by the Gaming Commission to enhance the existing Responsible Conduct of Gaming course, focusing on problem gambler identification and appropriate intervention. Consultation on the content of the enhanced course begins in 2010, with the new course expected to be operating by 1 July 2011.
Ban on gambling products that undermine a responsible gambling objective
In Victoria from 1 March 2009, the Minister for Gaming is able to ban a gambling product or practice that the Minister considers undermines a responsible gambling objective of the Gambling Regulation Act 2003.