Hansard debates

            GAMBLING REGULATION AMENDMENT (PRE-COMMITMENT) BILL 2013
                         Introduction and first reading
Received from Assembly.
Read  first  time  for

  Hon.  E.  J.  O'DONOHUE (Minister for Liquor and  Gaming
Regulation) on  motion of Hon. G. K. Rich-Phillips; by leave, ordered to be read
second time forthwith.
Statement of compatibility
For

 Hon. E. J. O'DONOHUE (Minister for Liquor and Gaming Regulation), Hon. G. K.
Rich-Phillips tabled following  statement  in  accordance  with Charter of Human
Rights and Responsibilities Act 2006:

  In   accordance  with  section   28  of  the  Charter   of  Human  Rights  and
  Responsibilities  Act  2006   (charter   act),   I   make  this  statement  of
  compatibility   with   respect   to    the   Gambling   Regulation   Amendment
  (Pre-commitment) Bill 2013.
  In my opinion, the  Gambling  Regulation Amendment (Pre-commitment) Bill 2013,
  as introduced to the  Legislative Council, is compatible with the human rights
  protected by  the charter  act. I  base my opinion on the reasons outlined  in
  this statement.
  Overview of bill
  Human rights issues
1. Human rights protected by the charter act that are relevant to the bill

  Right to privacy
  Section  13(a) of the charter act  provides that a person has the right not to
  have  his  or  her  privacy,  family,  home or  correspondence  unlawfully  or
  arbitrarily interfered with.
  The right to privacy is relevant to this bill but is not limited.
  The  right  to  privacy is relevant because players of gaming machines will be
  required  to  provide  personal  information  to  a  venue  operator  and  the
  monitoring licensee when registering to use precommitment. Further,  both  the
  monitoring  licensee  and  venue  operators may  be  able to  access  players'
  personal  information when assisting players to update details, replace  cards
  and change limits.

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  However, this  interference  with  privacy  is  constrained,  not arbitrary or
  unlawful and linked to the purpose of the bill.
  Further, to ensure the protection of players' privacy, the bill introduces two
  measures.
  First,   the  bill  includes  an  offence  in  section   3.8A.25   prohibiting
  unauthorised disclosures  of precommitment  information. Disclosures will only
  be allowed if:
        1. the person consents;
        2. to a law enforcement agency for law enforcement purposes;
        3.

                for the  performance of functions under the  Gambling Regulation
                Act 2003;
        4. if the information is lawfully publicly available; or
        5. if the information is de-identified and used for research.
  Further,  the  power  in  the  bill  for  the  Minister for Liquor and  Gaming
  Regulation to enter  into  related agreements  with  venue operators  and  the
  monitoring  licensee  with terms determined  by  the Minister  for  Liquor and
  Gaming Regulation allows  the minister to license  venue operators to  use the
  information  generated  by the  precommitment  system. The use  of a licensing
  arrangement  means  that  venue  operators  can  be  subjected  to  additional
  contractual safeguards related to the use of private information.

  A breach of a related agreement by a venue operator can constitute grounds for
  disciplinary action.
   Edward O'Donohue, MLC
  Minister for Liquor and Gaming Regulation