VCGR Spring 2009 - Department of Justice and Regulationassets.justice.vic.gov.au/.../vcgrspring2009.pdf · VCGR Spring 2009 NEWS Contents 2 Former computer chief logs on at VCGR

The Newsletter of the VictorianCommission for Gambling RegulationSpring 2009VCGR

NEWS

Contents

2 Former computer chief logs on at VCGR 2 State can be proud of us says retiring chairman 3 Industry puts the questions, we provide the answers 3 Gaming machines to go in some areas 4 Your views wanted on responsible gambling 4 Bookies will field by the Code 5 Cup Sweeps: there are rules to follow 5 No more something for nothing 6 Gambling Regulation Amendment (Licensing) Act 2009 6 All details are vital in licence applications 7 Getting hitched? Remember to change your name 7 This Joker is not wild 8 Charities get a bingo break 8 VCGR website gets smarter 8 Player information latest 9 Disciplinary Action against Licence Holders 11 Did You Know? 11 Notice

VCGR News – Spring 2009 2

Former computer chief logs on at VCGR

Maintenance of a sense of good governance, justice and offering the appropriate counsel are among the key aims of the new chairman of the VCGR, Bruce Thompson.

He comes from a background of chairing companies and industry forums, including the computer giant Hewlett-Packard in Australia and New Zealand where he was also Managing Director during his 32 years with the firm.

Mr Thompson was the first managing director of Hewlett-Packard not from a sales or engineering background, having started as an assistant accountant. He completed an economics degree at Monash University and also graduated from both the Melbourne University and Wharton Business School Advanced Management Programs.

His involvement in gambling is reserved for an annual punt on the Melbourne Cup and, over the years, flying his six-seater, single-engine Beechworth plane to the Birdsville Cup.

“I want to understand the industry,” he says. “Organisations should always be improving, because unless they do so they stagnate.”

He sees his role as setting the overall tone and direction and helping the team achieve their statutory and business objectives in an effective and efficient manner.

Among his other interests are golf and the Melbourne Football Club.

State can be proud of us says retiring chairman

The independent stance of the VCGR was praised by its outgoing chairman, Ian Dunn, at a recent farewell function.

Ian Dunn, inaugural chair, who held the post for over five years, told staff: “When I look back my main memory will be of the kindness and respect offered to us as having been outstanding, considering that Judith (King, deputy chair) and I were complete outsiders – and this continued, not only from the staff, but also stakeholders.”

Ian Dunn said his second abiding memory was of the truth of the claim by the State Government that the VCGR is an independent statutory entity. No Government Minister or their staff had ever tried to intervene in the VCGR’s work. “In fact, I’ve greatly enjoyed my dealings with all three Ministers.”

Ian Dunn said he had also been supported by the Department of Justice and the Office of Gaming and Racing in what had been a warm and productive relationship.

Ian Dunn was also farewelled at a large gathering of those who take part in VCGR hearings. He said this event and a recent relationship survey show support for the VCGR. He added: “I think the decision by the Bracks government to require a ‘no net economic and social detriment’ test for new or additional electronic gambling machines was a brilliant decision. The community is gradually realising that machines cannot be transferred willy-nilly into lower socio-economic areas. I hope this process is maintained. It’s unique to Victoria and the State can be proud of it.”

Change of leader for VCGR


How do you apply for a venue operator’s licence? What are the main changes in the Gambling Regulation Act 2003? These are some of the questions put to VCGR staff at a clubs and hotels expo earlier this year.

There were queries about raffles, the caps on gaming machine numbers, the renewal process for a gaming industry employee’s licence, responsible gambling provisions, amusement machines and carnival games.

It was an outstanding way for VCGR staff to speak directly with members of industry and showcase a wide range of information on gaming laws and provisions under the Gambling Regulation Act 2003.

More than 4,000 industry professionals attended the Expo at the Melbourne Convention and Exhibition Centre, hosted by Exhibition Management Pty Ltd in partnership with Clubs Victoria.

The Expo aims to showcase the latest in products, equipment and services from across Victoria’s hospitality industry, with the latest in gaming machines and technology on display from major gaming manufacturers.

Representatives attended from all areas of industry including hotels, clubs, bars, pubs, nightclubs, taverns, sports and entertainment centres.

Highlights included the Victorian Gaming Machine Briefing (run by the Gaming Technologies Association) and a presentation from Alan Clayton, Project Director, Gambling Licences Review on ‘Victorian Gaming Machine Arrangements for 2012’.

VCGR officers were questioned by duty managers, training providers, hotel proprietors, gaming staff and members of the gaming manufacturing industry.

Those wanting information about post-2012 matters were directed to the Gambling Licences Review website at www.gamblinglicences.vic.gov.au and encouraged to subscribe to the electronic newsletter to receive up-to-date emails on the Gambling Licences Review. They were also given copies of the publication and fact sheet Overview of the Gaming Industry March 2009.

Gaming machines to go in some areas

The maximum permissible number of gaming machines for each municipality has been announced by the VCGR.

As a result, some venues will lose machines. The VCGR developed a method of deciding which machines would go in accordance with the criteria set by the Minister for Gaming.

As part of its Taking Action on Problem Gambling Strategy, the Victorian Government announced that next year all municipalities will have their maximum number of machines capped. Known as Municipal Limits, this maximum number for each municipality will be 10 per 1,000 adults.

Municipal Limits will not apply to the Melbourne Central Business District, Southbank and Docklands regions, as well as areas already covered by Regional Caps.

The VCGR used the Australian Bureau of Statistics Estimated Resident Population 2008 figures to calculate the limit.

Gaming operators who must remove machines and comply with Municipal Limits have until 31 December 2009 to do so. Any venue losing machines will be notified individually by the VCGR.

Industry puts the questions, we provide the answers


Bookies will field by the Code Bookmakers registered in Victoria must have a Responsible Gambling Code of Conduct. Changes to the Gambling Regulation Act 2003 (‘the Act’) make this a condition of registration for new applicants and registered bookmakers alike.

They must implement a VCGR approved Code by 18 December 2009.

This requirement is consistent with conditions applying to all other commercial gambling operators licensed under the Act. As of 1 June this year Codes were required for:

all gaming venue operators; •commercial raffle organisers; •the Casino operator; •public lotteries licence holders; •Club Keno participants; and •the holder of a wagering licence or •

wagering operator.

Repeated serious breaches or blatant disregard for the Code obligations may result in disciplinary action being recommended against a registered bookmaker. This also applies to the other categories of gambling operator.

To develop a generic code which can be adopted by registered bookmakers, the VCGR is consulting with industry bodies, including the Victorian Bookmakers’ Association and Racing Victoria Limited. The VCGR will tell registered bookmakers when the generic code has been approved and provide information about steps to be followed to formally adopt it.

The Act also permits individual bookmakers to submit a Code to the VCGR for approval. Any bookmaker intending to do so must ensure that their Code meets all the requirements of the Minister’s Directions and VCGR Criteria and benchmarks (both documents are available on the VCGR website).

Queries about this process may be directed to the VCGR Responsible Gambling Project Team.

The new Code requirement does not affect arrangements for the registration and licensing of bookmakers. Bookmakers will continue to be registered by the VCGR and licensed by Racing Victoria Limited, Harness Racing Victoria and Greyhound Racing Victoria, the controlling bodies for thoroughbred racing, harness racing and greyhound racing respectively.

For further information contact the VCGR Responsible Gambling Project on 9651 3251 or email [email protected]

Your views wanted on responsible gambling The industry is to be involved in a review of the effectiveness of Responsible Gambling Codes of Conduct (‘Codes’) and Self-Exclusion Programs (‘SEPs’).

The Code and SEP became mandatory in June 2009 for most commercial gambling operations, such as gaming venues, lotteries operators, bingo centres, the Casino operator, Club Keno participants, wagering providers and commercial raffle organisers.

The VCGR must report to the Minister on:

the effectiveness of each approved Code; •the level of compliance; •whether disciplinary action was taken against anyone •

for repeated breaches of the Code; and any programs, including education programs, •

conducted to increase compliance with and/or the effectiveness of the Codes.

There will also be a report on the SEPs, including whether disciplinary action was taken against a venue operator for repeated breaches of a SEP.

Discussions have begun with industry peak bodies and the VCGR Responsible Gambling Project Team about the process for this report. In coming months peak bodies will be given regular opportunities to discuss the review process through the VCGR Responsible Gambling Project Reference Group.

Problem gambling counselling services and community organisations may also contribute this way if they wish.

The experiences of gaming providers and commercial licence holders, including venue operators and their staff, will be a critical component to the review. The VCGR is considering the most efficient means by which they can contribute and will give more advice later.

Information will also come from compliance monitoring by the VCGR.

For further information on the review process for Codes and SEPs contact the Responsible Gambling Project Team on (03) 9651 3112 or via email at [email protected].


Cup Sweeps: there are rules to follow

No more something for nothing

For many businesses, groups or associations it wouldn’t be Cup Week without a Melbourne Cup Sweep, which is a popular activity at many venues during the Spring Racing Carnival.

But there are laws that regulate running a sweep:

all money collected must go in prizes; and •the total value of prizes must not be more than •

$5,000.

Those who run the sweep cannot take money out of the prize pool as expenses.

While there are no guidelines on running a sweep, the rules for entrants need to be clear. They need to know what placings win a prize and how much is to be won. The most common way is to pay on the winner, second and third. Some sweeps also have a prize for last.

Another rule to consider covers scratchings. You may decide to run the sweepstake on an ‘all-in’ basis, which means that no refund is made to a person whose horse is scratched from the Cup. Or you may decide to pay a refund for scratchings and alter the prize list accordingly. Both methods are acceptable so long as everyone knows the rules before putting up their hard-earned.

Sweeps may be held anywhere and on races other than the Melbourne Cup, for example, the Caulfield Cup, the Cox Plate and country races.

Questions about sweeps can be directed to the Minor Gaming Unit on (03) 9651 3630 or by email at [email protected]

New laws introduced in Victoria limit gambling advertising. They ban advertisements that:

encourage a breach of the • Gambling Regulation Act 2003; or

depict children wagering or involved in any other • gambling; or

suggest that winning will be a definite outcome of • participating in wagering or sports betting activities; or

suggest that participation in wagering • or sports betting activities is likely to improve a person’s financial prospects; or

promote the consumption of alcohol • while engaged in wagering or sports betting activities; or

are offensive. •

In addition, a wagering service provider must include in any gambling advertisement a prescribed statement about problem gambling. The VCGR will tell wagering service providers when a prescribed statement is prepared.

It is now also illegal for a wagering service provider to offer any credit, voucher or reward as an inducement to Victorian residents to open a betting account. This will also prevent the use of a trade promotion lottery to encourage new customer accounts.

Breaching this law may result in a fine of up to 20 penalty units. A penalty unit is worth $116.82.

Please contact the Minor Gaming Unit on (03) 9651 3630 or by email at [email protected] if you have any inquiries.

New Limits on Gambling Advertising


All details are vital in licence applications

Integrity is a key issue in the gaming industry.

As a result, the VCGR needs to know about people wanting to get a gaming industry employee’s licence.

When applying for a licence you need to submit:

an original National Police Certificate ('NPC') from • the Victoria Police dated within three months of lodging your application (national name check only) and/or an equivalent report from a relevant police agency;

an original personal credit file dated within • three months of lodging your application and/or an equivalent report from a relevant overseas agency;

the application fee; •two colour passport-size photos, with your name •

printed on the back of each photo; and

one of the following forms of identification, to be • provided at the time of fingerprinting at the VCGR or a regional police station –

an original full birth certificate; or ¾driver’s licence; or ¾passport; or ¾citizenship certificate; or ¾keypass. ¾

When you apply to the Victoria Police for a NPC you need to include the following on the NPC application form:

your first name, middle name/s and surname; •any • preferred given name to appear on your

licence; an alias(es), previous names, maiden names, name •

changes (legal or not), and names you have used or by which you have been known.

Gambling Regulation Amendment (Licensing) Act 2009Ad penalties rise

Penalties for publishing gaming machine advertising will rise from a maximum of 20 penalty units to 120 penalty units from 1 January 2010.

Venue operators must not publish or cause to be published any gaming machine advertising outside the gaming machine area of an approved venue, or a casino operator outside the boundaries of a casino. This prohibition also applies to a gaming operator and any other person acting on behalf of a venue operator, casino operator or gaming operator.

This advertising does not include advertising of problem gambling services or any notice required by the VCGR.

Loyalty scheme providers may disseminate gaming machine advertising to people in loyalty schemes so long as they have not been suspended or removed from a scheme. Further information is at section 3.5.40 of the Gambling Regulation Act 2003.

A venue operator or casino operator, or someone acting on their behalf, may also disseminate gaming machine advertising to a person who asks in writing for gaming machine advertising.

Licence period doubles

Venue operators’ licences now run for 10 years not five.

The change, introduced on 24 June this year, means that a licence current at this date is either a club venue operator’s licence, if the venue operator holds a club liquor licence or racing club licence, or a hotel venue operator’s licence, if the venue operator holds a pub liquor licence.

As a result, no venue operator’s licence will have to be renewed until at least 2014.


Getting hitched? Remember to change your name

This Joker is not wild

Spring is the traditional wedding season. So licensed gaming industry employees need to note that if they marry and change their name they have to tell the VCGR and send in a copy of their marriage certificate.

And all employers are asked to remind licensed staff to ensure that the VCGR has their up-to-date addresses.

It is an offence to employ or use the services of an unlicensed person as an employee performing prescribed duties in a gaming venue.

Gaming industry employees wanting to check if the VCGR has their correct details should contact the Employee Licensing Unit on (03) 9651 3054.

Changes of name and address may be emailed to [email protected], faxed to (03) 9651 3777 or mailed to:

Employee Licensing Unit Victorian Commission for Gambling Regulation GPO Box 1988 Melbourne Vic 3001.

Joker Poker can only be conducted as a lottery to promote a trade or business. This means it is unlawful to sell tickets in the game.

This game consists of a normal pack of 52 playing cards with one joker, placed face down on a board. A person is chosen by a draw and given the opportunity to turn over one of the playing cards. If the joker comes up, the player wins, usually a cash prize. If the card is not the joker, the selected card is then left face up and the cash pool jackpots to another date/draw where the process is repeated.

For the game to be a legal trade promotion lottery at a hotel or club, it must meet these requirements:

entry into the lottery must be free or depend on • the purchase of goods or services offered by a hotel or club;

if entry requires the purchase of goods or services, • their price must not be inflated to provide money for the prize pool (e.g. charging $5.00 for a pot of beer that normally sells at $3.50);

only the hotel being promoted can provide the • initial prize pool;

the prize pool can jackpot each week but any • additional money going into the pool must come from the hotel; and

a permit is needed if a jackpot is expected to • exceed $5,000.

As well, all trade promotion lotteries must be run under these standard rules:

a person cannot be required to be present at • the draw to be eligible to participate unless entry is only available in the premises where the draw is to take place and the draw takes place within 24hrs of commencement of the lottery. If this is not the case and a participant cannot be present, then the rules must allow the participant to nominate someone else to participate on his or her behalf;

information about the lottery must be shown at the • point of entry detailing –

the closing date and time for entries; ¾the date, time and place of the draw(s); ¾how winners will be notified; and ¾any conditions of entry. ¾

Winners must be notified in writing and their names may have to be published in a newspaper. If the individual prize is worth more than $250, the name of the winner must be published in a newspaper circulating generally in Victoria. If, however, the total value of prizes for the lottery is less than $500 but an individual prize exceeds $250, the winner’s name only has to be published in a local newspaper where the promotion is held.

Please contact the Minor Gaming Unit on (03) 9651 3630 or by email to [email protected] if you have any questions.


Charities get a bingo breakBingo is breaking free. No longer will places such as nursing homes need to get a permit where a game is played privately without a fee being charged.

To qualify, it also must not be advertised.

Changes to come into force on 25 November this year affect the conduct of bingo by community and charitable organisations for fundraising.

The changes are aimed at modernising how bingo is played by requiring the VCGR to make a standard set of rules for the game and enabling it to approve alternative rules that allow for more than one form of bingo to be played.

This is also aimed at reducing the regulatory burden on community and charitable organisations by removing the requirement for them to have a minor gaming permit to run games.

At present, bingo permit holders must renew their permits every two years.

Consumers will continue to be protected because the VCGR must be notified of proposed bingo activity and large prizes by declared community or charitable organisations.

The changes are part of the Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008.

VCGR website gets smarter Most VCGR forms are to become available from its website.

At the time of this newsletter going to press, the form for a new gaming industry employee's licence was to be available online. Other ‘smartforms’ will follow.

Once all required fields are completed by computer, the forms can be printed by the applicant. This helps cut the number of incomplete forms lodged, reducing delays in processing.

The forms will be available at www.vcgr.vic.gov.au

Player information latest

An amended player information brochure has been released by the Minister for Gaming. It aims to increase clarity and has the new Gambler’s Help telephone number. This brochure forms part of the complete set of Player Information Standards.

Gaming operators must provide each of their venue operators with sufficient copies of the new brochure by 14 November 2009. This will allow all venue operators to display the new brochure in their venues by 5 December 2009, in accordance with law.

Failure to comply may result in a fine of 20 penalty units, now $2,336.40.

The complete Player Information Standards are available at www.vcgr.vic.gov.au > Legislation & Standards > Minister’s Standards.

Changes to bingo from 25 November 2009


Surname Given Name(s)

Licence Type

Licence Number

Grounds Decision Date

Result

Jarvis David CSE C9700542 The licensee was found not suitable

9 Jun 2009 Licence cancelled

Burgess Rayce Justin CSE C07103914 The licensee has contravened a condition of the licence and failed to provide required information

16 Jun 2009 Licence cancelled

Celalettin Metin C GIE G04132284 Failed to provide required information

14 Jul 2009 Letter of censure

Rotman Darren Maurice

GIE G07141171 The licensee has contravened a condition of the licence and failed to provide information

14 Jul 2009 Licence cancelled

Godden Jasmine Renee

GIE G99101677 Failed to provide required information

28 Jul 2009 Letter of censure

Williams Dennis Keith GIE G9522342 Failed to provide required information

11 Aug 2009 Letter of censure

Key: CSE Casino Special Employee GIE Gaming Industry Employee

Disciplinary Action against Licence HoldersThe following tables contain details of all disciplinary action taken by the VCGR under the Gambling Regulation Act 2003 or the Casino Control Act 1991 during the period 1 June to 31 August 2009. For the period indicated, disciplinary action was taken in the following categories:

gaming industry employee and casino special • employee; and

venue operator. •

Any questions concerning disciplinary action taken should be directed as follows:

employee licence holder – • Employee Licensing Unit Telephone: (03) 9651 3054 Email: [email protected]

venue operator licence holder – • Commercial Licensing Unit Telephone: (03) 9651 3655 Email: [email protected]

Employee Licence Holders

Disciplinary Action against Licence Holders (continued)


Venue Operator Licence Holders

Venue Operator Venue Licence Number

Grounds Decision Date

Result

Taverner Hotel Group Pty Ltd

Berwick Inn Taverner

V00095326 The venue operator has contravened the GRA 2003 and been found guilty of a ‘relevant offence.’ Taverner Hotel Group Pty Ltd was charged with two counts of a venue operator failing to enforce the Commission’s rules under section 3.5.23, in breach of section 3.5.26

30 Jun 2009 Licensee fined $1,000

M. & S. Whelan Investments Pty Ltd

Star Hotel V9710066 Failed to provide required information by not advising of court judgements (3 counts) and the commencement of winding up of the company (2 counts)

14 Jul 2009 Letter of censure and fined $1,000

Collingwood Football Club Ltd

Various V9780033 The venue operator has contravened the GRA 2003 and failed to provide required information by not advising the Commission in writing of the outcomes for three litigation matters within 14 days, not advising of the appointment of a new company secretary and failing to ensure the new company secretary did not become an associated individual without prior written approval of the Commission

11 Aug 2009 Licensee fined $2,000

Key: GRA 2003 Gambling Regulation Act 2003

Did you know?

that a trade promotion lottery with a prize • value of $5,000 or more needs a permit from the VCGR;

that to hold such a lottery a permit holder must • ensure that all information attracting a person to enter, and any scratch-and-win card that is part of the lottery, includes the permit number, which is usually at the bottom of the brochure or scratch- and-win card and begins with ‘VIC permit no…’;

if a trade promotion lottery is considered offensive • or contrary to the public interest, it must be refused by the VCGR;

most cases where this guideline has been invoked • involved promotions thought to be –

in bad taste; ¾targeting minors; or ¾contravening responsible gambling ¾

procedures.


Notice

ENQUIRIES ABOUT POST-2012 GAMING MACHINE INDUSTRY ARRANGEMENTS

Anyone seeking information on the post-2012 gaming machine industry arrangements is advised to view the Gambling Licences Review website at www.gamblinglicences.vic.gov.au.

This includes information on the:

Pre-auction club offer of post-2012 gaming • machine entitlements;

Auction of post-2012 gaming machine • entitlements;

Overview of the Victorian Gaming Industry 2012;•Business Education Program for Venue •

Operators.

This website will also allow you to subscribe for email updates on bulletins containing the latest news and information on gaming machine industry arrangements.

To Contact the VCGR

AttheOffice

Level 5, 35 Spring Street Melbourne Victoria 3000

By Post

PO Box 1988 Melbourne Victoria 3001

By Telephone: 61 3 9651 3333 By Facsimile: 61 3 9651 3777 By Email: [email protected].

Disclaimer This edition of VCGR News may include comments from people or organisations connected with the gambling industry. Any views expressed or implied therein are not necessarily the views of the VCGR.

Copyright in VCGR News is vested in the Crown in right of the State of Victoria and no part of the document is to be reproduced except with the written permission of the VCGR or as otherwise provided in the Copyright Act 1968.

Enquiries should be forwarded to the above e-mail address.

Alternatively, contact the Secretariat Manager on (03) 9651 3386.

www.vcgr.vic.gov.au

Documents

VCGR Spring 2009 - Department of Justice and Regulationassets.justice.vic.gov.au/.../vcgrspring2009.pdf · VCGR Spring 2009 NEWS Contents 2 Former computer chief logs on at VCGR