Hansard debates

            GAMBLING REGULATION AMENDMENT (PRE-COMMITMENT) BILL 2013
                           Statement of compatibility
Mr O'BRIEN (Treasurer) 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 Assembly, 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.
  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 publically 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.
   Hon. Michael O'Brien, MP
 Treasurer