The Australian Communications and Media Authority (ACMA) has concluded six more investigations into licensed wagering providers for breaches of self-exclusion rules.
The ACMA investigations found Tabcorp, LightningBet, Betfocus, TempleBet, Picklebet and BetChamps all failed to comply with rules that protect people who registered with BetStop – the National Self-Exclusion Register.
The facts of each investigation are different but the breaches across the investigations included allowing registered individuals to open wagering accounts and to access wagering services, or marketing to registered individuals.
ACMA member Carolyn Lidgerwood said these breaches undermine the protections from gambling harm that self-exclusion offers.
“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,” Ms Lidgerwood said.
“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.”
The investigations identified that the providers did not ensure that their underlying systems and processes were operating as intended and failed to adequately identify and protect people who had self-excluded.
In response to these findings, the ACMA has used a range of different enforcement tools available under the Interactive Gambling Act 2001, having regard to the different facts arising under each investigation.
The ACMA has issued remedial directions to each of Betfocus, LightningBet and TempleBet. Under these remedial directions each of the providers will be required by law to commission an independent audit of their systems and implement any resulting recommendations.
This type of enforcement action is corrective and directed at future compliance with the rules. Failure to comply with a remedial direction is an offence and can result in civil penalties.
Tabcorp Holdings paid a penalty of $112,680 and agreed to enter into a court-enforceable undertaking requiring the company to commission a third-party review of its customer verification processes and train staff on their obligations around the Register. If not complied with, such an undertaking can be enforced in the Federal Court, with the Court being able to make such orders as it considers appropriate.
BetChamps was given a formal warning and the ACMA is currently finalising enforcement action for Picklebet.
All contraventions were found to have occurred in 2024. If these companies fail to comply with self-exclusion rules in the future, the ACMA may take stronger enforcement action, potentially including commencement of Federal Court proceedings to seek civil penalties.
