Enforcement actions

On 6 August 2024, the Commission determined to take disciplinary action against Tabcorp Wagering (Vic) Pty Ltd (Tabcorp) for repeatedly breaching its 2014 Responsible Gambling Code of Conduct (Code) and condition 5.4 of the Wagering and Betting Licence.

The Commission has found that Tabcorp:

1. failed to comply with clause 5.4 of the Wagering and Betting Licence, which required them to promptly observe and comply with any lawful direction given by the Minister. It failed to do so on six occasions by sending direct marketing to a customer who had opted-out of receiving such materials; and
2. engaged in repeated breaches (9 breaches) of the 2014 Code, which were: the six failures to comply with the Harm Minimisation Direction, a failure to ensure that all employees were provided with compliance tools, information and training that supported the Code and the responsible delivery of its wagering products and services, and a failure to comply with clause 3.7 in two separate ways in dealings with the Customer. The ‘two separate ways’ Tabcorp failed to support the customer were by communicating a deposit match promotion when they set out to make a responsible gambling call to the customer, and by failing to carefully probe the customer’s source/s of wealth or explore potential responsible gambling strategies in light of their wealth position.

The Commission determined the appropriate disciplinary action to be taken was a $4.6 million fine.

On 6 August 2024, the Commission determined to take disciplinary action against Tabcorp Wagering (Vic) Pty Ltd for 4169 SMS text messages that were sent and did not include a mandatory opt-out link in contravention of clause 5.4 of the Wagering and Betting Licence and clause 5.3 of Ministerial Direction S 349.

The Commission determined that the appropriate disciplinary action outcome was to issue a letter of censure.

On 6 August 2024, the Commission determined to take disciplinary action against Tabcorp Wagering (Vic) Pty Ltd for 985 unapproved firewall rules that operated without the approval of the Commission in contravention of section 4.2.3(2) of the Gambling Regulation Act 2003 (Vic) and the Wagering and Betting Agreement dated 19 December 2011.

The Commission determined that the appropriate disciplinary action outcome was to issue a letter of censure.

On 14 August 2024, the Commission determined to take disciplinary action against Tabcorp Wagering (Vic) Pty Ltd for 153 occasions that direct marketing was sent to customers that had elected to ‘take-a-break’, in contravention of its 2021 Responsible Gambling Code of Conduct.

The Commission determined that the appropriate disciplinary action outcome was to issue a letter of censure.

On 23 November 2023, the Commission determined to take two disciplinary actions against Tabcorp Wagering (Vic) Pty Ltd for two separate contraventions of section 4.2.3(2) of the Gambling Regulation Act 2003 (Vic), where Tabcorp caused or permitted software to be used within the Wagering and Betting System that had not received prior approval from the Commission.

The Commission determined to issue a letter of censure in both disciplinary actions.
For a copy of the Commission's decision and reasons, please download below.

On 14 June 2023, the Commission determined that there are grounds to take disciplinary action against Crown Melbourne under the Casino Control Act 1991 (VIC) in respect of Crown’s unpaid casino tax (known as Category 5 and Category 8). The Commission has imposed a fine of $20 million and will require Crown to pay the Commission’s costs and expenses for this disciplinary action.

For a copy of the Commission's decision and reasons, please download below:

On 26 April 2023, the Commission determined that there are grounds to take disciplinary action against Crown Melbourne under the Casino Control Act 1991 (Vic) for Crown’s undocumented practice of allowing patrons to gamble at the Melbourne casino by depositing bank cheques made out to themselves (not to Crown, as required by the Act) and before the cheque had cleared.

The Commission decided to:

1. issue a fine totalling $30 million
2. give directions to Crown Melbourne to (subject to any exception that may be prescribed by legislation or agreed to by the Commission):

• prohibit both the Bank Cheque Practice and the Blank Cheque Practice at the Melbourne Casino; and
• produce to the Commission, on or before 30 May 2023, a proposed form of Internal Control Statement and Standard Operating Procedure for the purpose of the Commission considering whether to approve Crown’s procedure for accepting cheques that Crown Melbourne has submitted commenced on 30 June 2021;
• direct Crown Melbourne to disclose to the Commission, on or before 21 June 2023 any and all practices concerning the internal operations of the Melbourne Casino that have not previously been disclosed to the Commission and/or are not the subject of an Internal Control Statement and Standard Operating Procedure; and
• pay the Commission’s reasonable costs and expenses of this disciplinary action.

For a copy of the Commission's decision and reasons, please download Crown Melbourne - Disciplinary Action – Bank cheque practice

On 3 November 2022, the Commission determined that there are grounds to take disciplinary action against Crown Melbourne in accordance with section 20(1)(dc) of the Casino Control Act 1991 (Vic) for its serious misconduct in failing its Responsible Service of Gambling obligations and has determined to impose two fines totalling $120 million. This disciplinary action relates to the findings that Crown:

1. breached its code of conduct for Responsible Service of Gambling over a period of roughly 12 years by allowing customers to gamble for long periods without a break
2. failed to comply with a statutory direction by the regulator to take all reasonable steps to prevent patrons using plastic picks and other devices to simulate ‘automatic play’ on certain electronic gaming machines.

For a copy of the Commission's decision and reasons, please download Crown Melbourne - Responsible Service of Gambling failings

On 27 May 2022, the Commission determined that there are grounds to take disciplinary action against Crown Melbourne in accordance with section 20(1)(dc) of the Casino Control Act 1991 (Vic) and has determined to impose a fine of $80 million. This disciplinary proceeding relates to the illegal conduct of Crown Melbourne between 2012 and 2016, whereby patrons were allowed to use credit or debit cards to access funds to gamble at the Melbourne Casino. This illegal conduct facilitated access to nearly $164 million, from which Crown derived an estimated revenue of more than $32 million.

For a copy of the Commission's decision and reasons, please download Crown Melbourne - China Union Pay process.

On 22 December 2021, the Commission determined that there are grounds to take disciplinary action against Crown Melbourne in accordance with section 20 of the Casino Control Act 1991 (Vic) and has determined to take disciplinary action by imposing the maximum fine available of $1 million, payable within 28 days of the date of this decision.

For a copy of the Commission's decision, please download Case note – Disciplinary action – Casino operator