Online Gambling Self Exclusion Nsw
Updated October 20, 2020 11:57:42
Gaming Machines Amendment (Gambling Harm Minimisation) Bill 2020 NSW Schedule 1 Amendment of Gaming Machines Act 2001 No 127 (e) provide a person who enters into a self-exclusion arrangement with information about gambling counselling services, including the name and contact details of a gambling counselling service provider, and refer. However, the self-exclusion process will not apply to other licensed online gambling operators (such as lotteries), and land-based betting service providers (on the basis that the land-based licensed gambling industry is already subject to state-based self-exclusion regimes). The IGA Self-Exclusion Amendments establish the legal framework.
In a courthouse in the Queensland town of Gympie on December 1, 2012, a unique event occurred in Australian gambling history.
Key points:
- States and territories could not provide ABC Investigations with a single example of a pub or club being punished for allowing self-excluded gamblers to play
- Tim Costello says he routinely hears self-exclusion schemes are 'grossly ineffective'
- Australians lose about $13 billion at poker machines each year
An employee at the Freemasons Hotel was fined for failing to take reasonable steps to prevent a self-excluded gambler from playing the poker machines.
Online Gambling Self Exclusion Nsw Government
ABC Investigations asked each state and territory gambling regulator how many times there had been fines or prosecutions for allowing self-excluded gamblers into venues since these laws were first introduced in the early 2000s.
The Gympie prosecution of an individual employee was the only example provided. There was no evidence that a single pub or club in any state or territory has ever been punished for the same breach of the law (WA does not have poker machines in pubs or clubs, NSW is yet to introduce fines for breaches of self-exclusion laws).
In the Freemasons Hotel case, the fine was a drop in the ocean compared to the $13 billion lost each year in Australia on poker machines.
The court fined the pub's employee just $440 after she admitted to making 38 gaming machine payments to a self-excluded gambler during a six-month period.
Online Gambling Self Exclusion Nsw Gov
The Reverend Tim Costello from the Alliance for Gambling Reform is astonished that there has been just one prosecution relating to laws designed to prevent gambling addicts from entering venues.
'We routinely hear from people that the self-exclusion scheme is grossly ineffective, and this proves it. One fine of $440 in 15 years across seven states and territories says it all. The industry should hang their collective heads in shame over this.'
Self-exclusion schemes were introduced in various states and territories around 15-20 years ago.
They are designed to allow gamblers who have identified themselves as having a problem controlling their use of poker machines to be put on a register and banned from entering certain premises.
Earlier this year, gambling researchers from CQ University found that 'monitoring of self-exclusion has numerous deficiencies'.
The academics conducted focus groups with gaming room staff and found that the flaws in the system included: 'Failure to update the self-exclusion register; too many self-excluders for staff to recognise them … and the near impossibility of recognising people from very poor quality photos that were not always accessible to floor staff.'
ABC Investigations has spoken to over 30 problem gamblers and their relatives who have told us that they or their loved ones have been able to continue playing poker machines in venues they are barred from in NSW, Victoria, Queensland, Tasmania, the ACT and the NT.
One woman contacted ABC Investigations from prison, where she is serving time for a gambling-related crime, to highlight what she sees as the deficiencies in the self-exclusion system.
Doug, an Army veteran, previously took ABC Investigations to gaming rooms inside three Sydney hotels he self-excluded from. No-one challenged him as he played the machines.
Victor Dominello, the NSW Minister responsible for gambling, has acknowledged that the self-exclusion system is not working and wants to radically change the laws in the state with the most pokies.
He is proposing fines of up to $27,500 for breaches of self-exclusion and introducing a compulsory pre-loaded card that would be linked directly to the self-exclusion register — blocking problem gamblers who have agreed to bar themselves from venues.
'These machines destroy people'
Rob Ingmire, 54, has lost his house and around $400,000 due to his poker machine addiction.
'These machines destroy people. It's the worst drug you could ever take. Staying away from them is pretty much impossible. The only way I could walk away was if I was broke, or if it was closing time,' he said.
Over a decade ago, Mr Ingmire signed up to Victoria's self-exclusion register. He says he has barred himself from more than 100 gaming rooms in and around Melbourne.
But the system has failed him. By his estimates he has been allowed to gamble 'hundreds of times' in venues he has self-excluded from.
'I would've lost over $200,000 in pokie rooms I'm meant to be barred from. One security guard told me once, 'Your photo is up on our wall inside, it's up to you if you want to leave or not,' he said.
'Self-exclusion was designed to never work. There's too much money at stake. The people they make money out of are the people who've got a problem with gambling. It's just a token gesture from the industry.'
Self-exclusion laws were introduced in Victoria in 2003. The Act allows for disciplinary action if 'venue operators repeatedly breach their self-exclusion programs'.
The Victorian Commission for Gambling and Liquor Regulation (VCGLR) told ABC Investigations this meant that if a venue breached the rules 'more than once' then action could be taken.
Mr Ingmire says he has twice made complaints to the VCGLR, alleging repeated infringements made by at least five hotels.
The last time his complaint was investigated in 2018 he was told by the regulator that: 'No breaches of gaming legislation have been detected.'
In a statement, a spokesperson for the VCGLR told the ABC: 'The VCGLR examined each complaint and found venue operators took all reasonable steps required under the self-exclusion program.'
The regulator also said: 'From November 2016 to 30 June 2020 inspectors conducted more than 400 self-exclusion audits at gaming venues.'
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When ABC Investigations told Mr Ingmire no venue in Victoria had ever been fined, and that the sole example of a fine for allowing self-excluded gamblers into a gaming room was against a hotel employee in Gympie, his anger was palpable.
'That's absolutely pathetic. It's ridiculous. It's beyond comprehension,' he said.
In Victoria, the industry associations — the Australian Hotels Association (AHA) and Clubs Victoria — conduct self-exclusion programs on behalf of venues.
ABC Investigations asked the Victorian branch of the AHA about alleged breaches relating to Mr Ingmire and whether it reported venues to the VCGLR for self-exclusion breaches. It did not respond.
Mr Costello says the system is simply not good enough.
'It takes a lot of guts and self-awareness from a gambler to go through the steps to self-exclude, which can be relatively onerous in some states. These people have the right to expect that the industry responsible for pushing this addictive product on to them will actually follow through on its end of the deal and ensure those who have self-excluded are not admitted to venues,' he said.
'Surely it is not too much to ask that they direct some of their astronomical profits, profits that often come from gambling harm, into technology and training to ensure self-exclusion is effective?'
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Please fill out the ABC Investigations gambling story tips form, or text message the team via the WhatsApp or Signal mobile apps on 0418 347 462.A letter from prison
While licensed venues are rarely held accountable for letting self-excluded gamblers carry on losing, more often than not the law catches up with individuals whose gambling has spiralled out of control.
Carly Regan wrote to ABC Investigations from her prison cell, where she is currently serving a two-year sentence for defrauding her workplace to feed her gambling habit.
She said the gambling industry placed too much responsibility on addicted gamblers to act rationally.
If you or anyone you know needs help:
- Lifeline on 13 11 14
- Gambling Help Online on 1800 858 858
- Beyond Blue on 1300 22 46 36
'I can sit at home and watch TV and see a gambling advert almost every hour and be advised to just gamble responsibly,' Regan said.
'I can sit in a club being served beers for the third time that week by the same staff for three-plus hours and put $4,000 through the same machine for the third time that week and not be given any information on self-exclusion. The responsibility lies with me — the compulsive gambler.'
Regan wrote to highlight what she sees as the flaws in the self-exclusion system, a scheme that she thinks is invisible and ineffective. She took steps to self-exclude after her arrest.
'I have to go online to figure out what I can do to help myself,' she said.
'I find a form I can fill out and enter the establishments I want to exclude myself from. It will then notify these establishments. I hit submit and that's that. Apparently. I never get any confirmation. I get no contact from the establishments to confirm I have self-excluded. I have no idea if anything has even happened.'
As the Minister in her home state of NSW contemplates introducing a new system, she wants more responsibility to shift onto those making money from addicted gamblers.
'Sitting here writing this from prison after committing a crime for financial gain to feed my gambling habit, it's a bit late for me but I hope more information could be put out there for self-exclusion options and more responsibility put on gambling companies, and establishments who shove these disgusting machines in our faces.'
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Topics:gambling, hospitality, clubs-and-associations, crime-prevention, law-crime-and-justice, gympie-4570, sydney-2000, melbourne-3000, nsw, nt, qld, sa, tas, vic, wa, act
First posted October 09, 2020 05:46:04
Gaming self-exclusion
People experiencing problems with gambling are able to enter into a voluntary self-exclusion agreement that bans themselves from the gaming areas of:
- hotels and clubs
- the Star casino.
People can also choose to self-exclude from an entire hotel or club.
The minimum period for self-exclusion from hotels and clubs is six months and no minimum term for a self-exclusion agreement at the casino.
In NSW, all gambling venues must offer a self-exclusion scheme.
As an operator, you must also provide the following information in all areas where you keep gaming machines:
- the name and contact of the problem gambling counselling service
- a statement that tells patrons a self-exclusion scheme is available
- details for the person or organisation who can help patrons to join your scheme.
The NSW Government is aiming to help people who are concerned about their gambling practices by providing them with an option to stop gambling for a set period of time, where this will be enforced by the venue.
The law allows venue operators to devise their own scheme to cater for their particular setting and customers. This gives you, as a licensee more flexibility in how you support people who want to control or stop gambling.
Self-exclusion schemes are more effective if participants also get counselling and treatment for their gambling-related problems.
Your venue must have the name and contact details of a problem gambling counselling service available to patrons – and each participant in a self-exclusion scheme – at all times.
Your venue can run its own scheme if it meets the minimum requirements set by the Gaming Machines Regulation 2019, which only applies to hotels and clubs.
Your venue can also use a provider, which may include some counselling services financed by the Responsible Gambling Fund.
Examples of providers include:
- ClubSafe - operated by ClubsNSW
- GameCare - operated by AHA (NSW)
- any other body that receives funding from the Responsible Gambling Fund to provide gambling-related counselling or treatment services.
The only condition is that the scheme you use must meet the requirements of the Gaming Machines Regulation 2019.
Minimum requirements for a self-exclusion scheme
Your self-exclusion scheme must:
- tell patrons that you have a scheme available
- give patrons information about how your scheme operates
- prevent you from refusing a patron's request to participate
- allow your patrons to specify the part(s) of your venue from which they want to be excluded
- give participants a written and signed undertaking that you will not allow them to gamble at your venue for a specified period
- give participants an opportunity to get independent legal or other professional advice about what the agreement means before they start
- give participants written details about the gambling-related counselling service your venue has an arrangement with
- make sure that responsible people at your venue can identify the participant – by a recent photograph or otherwise
- stop a participant withdrawing from the scheme within six months of asking to be involved.
People with problems with gambling who want to exclude themselves from hotels and clubs must sign a self-exclusion agreement not to gamble in your venue for a specified period. This condition does not apply to the casino. The casino operator issues exclusion notifications to people who request them.
L&GNSW has developed a standard agreement that you can use: gaming self-exclusion agreement PDF, 29.38 KB.
Model Self-Exclusion Scheme Agreements are available in other languages:
A hotel, club, and casino and its employees have indemnity against civil or criminal liability for anything they do to fulfil a self-exclusion scheme – provided they act in good faith and within the law.
Licensees and staff can use reasonable force to:
- prevent a self-exclusion participant from entering a nominated area
- remove a participant who refuses to leave a nominated area
- additional requirements apply to the casino operator, who must remove a self-excluded person from the casino.