PUBS FACING MORE GAMING REFORM

The Minns administration in NSW is preparing for its latest tranche of gaming reforms, it says are designed to tackle both problem gambling and criminal activity.

This proposal sees facial recognition cameras installed in every pub and club. Facial recognition technology (FRT) can reduce the burden on staff to identify excluded patrons in often crowded venues. An actual person would need to verify the system match.

FRT cameras will support the introduction of third-party exclusions, where – for the first time – family and friends of a person they believe is struggling with gambling can nominate them to be banned. This will expand on the existing self-exclusion scheme and link to a state-wide exclusion register.

A comparable scheme has operated in South Australia for 15 years, and industry has supported the policy since prior to the Minns election.

“Support for a process where family members could make application to exclude a person where they are genuinely at risk of harm has been our position since 2009,” responded AHA NSW CEO John Whelan.  

Many details remain undetermined, such as where the FRT cameras will be located and how to obtain consent from patrons. The system will incorporate strict parameters to protect privacy, ensuring venues cannot use the technology to track, observe or market to customers.

The duration of bans is undecided, suggested to be a minimum one year and maximum of two to three years. A 21-day ban will be imposed while an application is considered by a panel of experts to be appointed by Liquor & Gaming. Those affected will have the right to contest an exclusion.

Third-party exclusion is posed to be of help “when other avenues to seek help may have failed” says Minister Harris, and applied to someone experiencing “significant gambling harm”, although how that is measured has not been specified.

The government is concerned about the possibility of retribution or domestic violence by people who have been excluded by another party, and consideration is being given to the possibility of anonymous disclosures, meaning a patron could potentially be disallowed without their consent nor knowledge of who called for it.

It has also not yet been determined whether the excluded individuals are banned from one specific venue or all venues, and whether from only the gaming room or the entire premise.

It’s reported that police will also have access to the exclusions database and be empowered to stop criminals and people suspected of laundering money.

A 2024 report by the Independent Panel on Gaming Reform established to consider changes, created to uphold Labor’s election promise, advised on the use of FRT and third-party exclusions. But many voiced concern over the potential hurdles of the Panel’s recommendations.

Government report that the revised code was developed over several rounds of consultation with industry and community stakeholders, including cyber security and privacy experts.

This latest suite of reforms adds to measures already initiated, including reducing the cash input limit on new gaming machines, reducing the state-wide EGM cap by about 3K units, banning political donations from clubs with EGMs, banning various gaming-related signage, dictating Responsible Gambling Officers on duty in venues with more than 20 EGM entitlements, and specifying venues keep an updated Gaming Plan of Management and a Gaming Incident Register.

Citing that “more than a million Australians experienced harm in the past year because of another person’s gambling” the government is inviting the general public to have its say, through discussion papers on FRT and exclusions.

Gaming and Racing Minister David Harris says they want the community’s opinion because they must consider the whole picture.

“This is complex reform, which is why we are seeking feedback on a range of issues.

“The Minns Labor Government is committed to addressing gambling harm through evidence-based policy and it’s important that we get the balance right.” 

See here for the Third-Party Exclusion Consultation Paper.

See here for the Facial Recognition Technology in Pubs and Clubs Consultation Paper.

The consultation period closes 14 March, 2025.

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