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GAMBLING REGULATION AMENDMENT (PRE-COMMITMENT) BILL 2013
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31 October 2013
Second Reading
O'BRIEN
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GAMBLING REGULATION AMENDMENT (PRE-COMMITMENT) BILL 2013 Second reading Mr O'BRIEN (Treasurer) -- I move: That this bill be now read a second time. The Victorian coalition government has committed to introducing a number of keystone reforms to promote responsible gambling and reduce the harm associated with problem gambling. Most notably, the coalition government has established the independent Victorian Responsible Gambling Foundation with a mandate to reduce the incidence and severity of problem gambling across Victoria. This body, with funding of $150 million over four years, undertakes the treatment, research and education activities necessary to address the complex issue of problem gambling. This is the largest financial commitment towards reducing the harm associated with problem gambling ever provided by a state or territory government in Australian history, and represents a 41 per cent increase over the funding provided by the former state government. With this bill, the coalition government has moved to make Victoria the first jurisdiction to have a statewide, networked precommitment system. With this bill, Victoria remains the national leader in implementing responsible gambling measures. While governments have an important role to play in promoting responsible gambling, individual gamblers must also have the tools to empower them to make their own decisions about gambling responsibly, in particular with respect to the limits they set on playing gaming machines. The coalition government has led the way by committing to introducing a voluntary precommitment scheme. Precommitment is a vital harm minimisation and consumer protection measure that will help players control their gambling and avoid it escalating to harmful levels. Precommitment is not just for problem gamblers; it is for everyone who makes the decision to play a gaming machine. Players can decide what they want to spend or how long they want to spend playing a gaming machine, and precommitment provides the tools to enable the player to keep track of the time and costs of their gaming machine play and the tools to enable the player to stick to the limits they have set. The bill before the house introduces the legislative framework to give effect to the coalition government's commitment. As the bill makes clear, the precommitment system will be up and running in 2015-16. This is over seven years sooner than the former federal Labor government's proposed timeline for the completion of the national rollout of precommitment. The Victorian precommitment system will mean that players will be able to set limits both on the time they spend playing gaming machines and on their losses. The precommitment system will also enable players to track their playing history and spending over time so that they can get a much clearer idea of how much time and money they spend playing gaming machines. The proposed features and functions of the Victorian precommitment scheme were determined on the basis of striking a balance between providing players with choice and keeping the system simple and user friendly. Also taken into consideration was keeping cost low for industry, whilst ensuring that the features and functions of the precommitment scheme are effective at minimising harm. The proposed system will also allow for upgrades to technology when needed. As has been previously announced, the current monitoring licensee, Intralot Gaming Services Pty Ltd, is in discussions with the government to provide the precommitment system throughout Victoria. With the company's monitoring equipment installed in all hotels and clubs in Victoria, this option requires the least cost and effort for operators and less duplication of infrastructure. I am pleased to say that this decision has the broad support of the Victorian gaming industry. I now turn to the provisions of the bill before the house. The bill will expand the scope of the current monitoring licence to enable the monitoring licensee to provide, operate and maintain the precommitment system and to provide related services, such as a precommitment website. This will allow the government and the monitoring licensee to enter into the necessary commercial arrangements for the provision of the precommitment system and services. These arrangements will include the state's requirements for the functions and features of the precommitment system. The bill will also enable other commercial arrangements to be made with venue operators that will underpin the delivery of the overall precommitment scheme. Venue operators will be subject to new obligations to ensure that their gaming machines are connected to the precommitment system and to install certain equipment in their venues that will allow players to access the features of the precommitment system. This equipment includes interactive display screens on the gaming machines, that will display messages to players
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regarding their play activity such as alerts about when they are reaching a limit, as well as kiosks that will allow players to register for precommitment, set and update their limits and view their play data. Other equipment includes card readers, card encoders and keypads. The Victorian Commission for Gambling and Liquor Regulation will have regulatory oversight of the precommitment scheme. The bill gives the commission new powers to make technical standards for both the precommitment system and the equipment that venues will require. The commission will be required to approve the precommitment system and any equipment that will be installed on the gaming machines. A number of gaming venue operators have introduced loyalty schemes within their venues. The Gambling Regulation Act 2003 currently includes a number of harm minimisation and consumer protection measures in relation to loyalty schemes. In particular, a loyalty scheme must enable a participant in the scheme to set a time or net loss limit on their gaming machine play. These limit-setting functions have fewer features than those proposed under the statewide precommitment scheme. In order to promote the precommitment system and to avoid any confusion for players from having two limit-setting systems available within a venue, the bill prohibits any other limit-setting mechanisms from operating within a venue from 2015-16, apart from the statewide precommitment system. Loyalty scheme providers and venue operators will also be required to inform players, through their written activity statements, about the ability to set limits under the precommitment system. In determining the best way to implement precommitment for both players and industry, consideration has been given to the benefits that could accrue from the use by a player of one card for both precommitment and loyalty and one means of accessing information at a gaming venue about both schemes. This could encourage the use of precommitment by players and remove the stigma of using a card that is designed solely for precommitment. The bill therefore proposes that, for those venues that have a loyalty scheme, the same card, card reader, display screen and kiosk must be used for both loyalty and precommitment. To allay any concerns about loyalty schemes being promoted more prominently in a venue than precommitment on the display screen or on a kiosk, venues will be required to ensure that information relating to precommitment is given precedence over information relating to loyalty. In this way, the system will ensure that players are made clearly aware of how much they are spending on gaming. Players will be issued with a card once they have registered for precommitment. Whilst these cards will be issued by venue operators, any logos, symbols or other markings that are associated with gaming machines should not appear on the card. The bill therefore extends the restrictions in the act on gaming machine advertising to the player cards used for precommitment. The precommitment system will capture the personal details and play history of players who choose to register for precommitment. The government understands the concerns about potential misuse of that sensitive information. To address these concerns, the bill includes an express prohibition on the unauthorised disclosure of precommitment information in order to ensure the protection of players' data. However, the data from the system will be an important source of information regarding gaming machine play and the use of limits, and the bill includes a power for the minister to direct the monitoring licensee to provide de-identified data to researchers. This will help facilitate research and evaluation into the effectiveness of precommitment. To further ensure the protection of the player data captured by the precommitment system, the government requires the system to be designed so that there will be no data transferred to or from the precommitment system and loyalty schemes. In addition, venue operators will not have access to identified data in relation to players registering for or using precommitment at their gaming venue. Finally, the bill includes a regulation-making power. This will enable regulations to be made about the equipment used for precommitment, as well as imposing obligations on venue operators about the operation of precommitment in venues and their duty to assist players to register for, and use, precommitment. In summary, this bill is the first step in implementing the legislative and regulatory framework for the statewide precommitment scheme. The coalition government's commitment to introduce voluntary precommitment in 2015-16 will also involve ongoing consultation with the gaming industry and other interested parties, including community groups, on developing protocols to encourage the take-up of precommitment and reduce any potential social stigma for players. The government will also be revising the responsible gambling codes of conduct to require
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venues to support and promote the use of precommitment technology. I commend the bill to the house. Debate adjourned on motion of Ms GREEN (Yan Yean). Debate adjourned until Thursday, 14 November.