Hearings

The Victorian Gambling and Casino Control Commission (Commission) is the independent, statutory authority that regulates Victoria’s gambling industry.

We conduct inquiries – also known as hearings – to assist us to make decisions on gambling matters, including applications for:

We may also conduct hearings in some disciplinary action matters.

Hearings

The Commission may conduct its hearings in public or private depending on the type of matter and whether confidentiality or public interest considerations apply.

We must publish upcoming public hearings on our website(opens in a new window).

The Commission’s role in EGM applications

Under the Gambling Regulation Act 2003 (the Act), the Commission must hold a hearing to decide applications for:

The local government authority (council) of the premises can make a submission to the Commission addressing the economic and social impact of the proposal on the wellbeing of the community of the district in which the premises are located.

Surrounding councils and other interested parties (businesses, community groups, individuals) may also make submissions to the Commission about an application, through the council or directly to us.

The ‘no net detriment’ test

Under the Act, the Commission cannot approve an application unless it's satisfied that ‘the net economic and social impact of the proposal will not be detrimental to the wellbeing of the community of the municipal district'.

This is known as the ‘no net detriment’ test.

If the application is to approve a premises for gaming, the Commission must also be satisfied that the premises:

The Commission’s decision in an EGM application is influenced by its statutory objectives which includes minimising harm.

Factors relevant to ‘no net detriment’ test

Certain factors can be relevant when assessing the impact of a proposal on the wellbeing of the community of the municipal district. This is illustrated in previous decisions of the Commission and the Victorian Civil and Administrative Tribunal(opens in a new window).

Not all factors, however, will be relevant to every decision. The following are some, but not all, examples:

Location and surroundings

The location of the premises and its surroundings will likely influence the impact a proposal will have on the community. Issues such as:

will often be relevant, especially if the facilities are used by people who may be more vulnerable to gambling-related harm.

Expected impact on harm

The expected impact that an application will have on harm from gambling in a community is a factor that is relevant to the assessment. This may involve a risk assessment and mitigation plan.

Community attitudes

The community’s attitude to the applicant’s proposal is a relevant factor. Applicants must provide the findings of an independent evaluation as part of their application.

Community contributions

An applicant’s proposal may include a promise of community contributions. A community contribution is something given or done to benefit the community where the premises are located.

Community contributions are generally regarded as a benefit, but only if they genuinely occur as a result of an EGM application being approved. In the same way, existing community contributions are only relevant if they continue after the application is successful.

Conditions

Applications may be approved subject to conditions. Conditions can relate to any matter the Commission deems fit, but often relate to specific parts of the proposal such as: