The Australian Communications and Media Authority (ACMA) has withdrawn six investigations into licensed wagering providers who, through their actions, have not complied with self exclusion rules, thus failing to protect customers.
ACMA has stated that the licensed wagering operators Tabcorp, LightningBet, Betfocus, TempleBet, Picklebet, and BetChamps have violated the systems protecting BetStop – the National Self-Exclusion Register™ in various ways. The breaches, among others, involved allowing registered self-excluded persons to open accounts or access betting services, and marketing those on the register.
Ms. Carolyn Lidgerwood, a member of ACMA, said that these breaches made the protective function of self exclusion against gambling harm less effective.
Ms. Carolyn Lidgerwood added:
The national self-exclusion register is designed to help people who are trying to avoid gambling services and stop gambling, but self-exclusion only works if wagering providers follow the rules. These rules have been in place for more than two years and wagering providers should be taking their responsibilities seriously. When people decide to self-exclude from online and telephone gambling, they trust the system to protect them from gambling harm. These investigations have found that these companies broke that trust and let people down. All licensed wagering providers need to be aware that the ACMA is investigating compliance and enforcing the rules. Gambling companies must have effective systems in place to ensure self-excluded people cannot gamble with them.
Investigations determined that the providers’ systems and processes had been ineffective, resulting in self-excluded patrons being improperly identified and thus not protected.
Accordingly, ACMA has graded and responded to each of the enforcement actions they took under the Interactive Gambling Act 2001, depending on the specific circumstances of the investigations.
ACMA has given directions to Betfocus, LightningBet, and TempleBet for the fixing of their situations. These companies are each legally required to employ an independent auditor of their systems and to implement the auditor’s recommendations. These measures are aimed at remedying the problem and ensuring compliance going forward, with civil penalties being possible in the case of noncompliance.
Tabcorp Holdings has paid a fine of $112, 680 and has committed to a court, enforceable undertaking, to have an independent evaluation of its customer verification processes and to train staff on BetStop obligations. The undertaking may be enforced in the Federal Court, which has the power to issue such orders as it deems appropriate, if it is breached.
BetChamps received a formal warning, and the ACMA is currently finalizing the enforcement measures for Picklebet.
The breaches were all in 2024. ACMA warned that future breaches could result in stronger enforcement, including possible Federal Court action to seek civil penalties.
