The wagering and betting licensee and wagering service providers (WSPs) who offer interactive wagering and betting services like online betting and phone betting, must comply with strict requirements.
The National Consumer Protection Framework (NCPF) for online wagering is a set of standard minimum protections for those who gamble online. These protections have been agreed to by the Australian Government as well as all states and territories. All online wagering providers must adhere to the standards.
The Victorian Government has given effect to the NCPF requirements by issuing 2 Harm Minimisation Directions (the Directions) that manages how WSPs offer interactive wagering and betting services (1st Direction(opens in a new window)) and advertise their services (2nd Direction(opens in a new window)).
The Victorian Gambling and Casino Control Commission (VGCCC) is responsible for monitoring 6 NCPF measures for any online wagering offered to Victorians. Our role is to monitor and to take enforcement action when required.
The Directions
The Directions and NCPF measures require WSPs to follow obligations relating to:
- inducements and direct marketing
- account deposit limits
- account closure
- activity statements
- staff training
- gambling advertising messaging.
They apply to:
- WSPs licensed in Victoria who provide betting services to anyone
- interstate WSPs who provide betting services to Victorian residents.
Inducements
WSPs must not:
- offer credit, vouchers or other rewards to an account holder as an inducement
- offer free bets unless the winnings from that bet can be withdrawn by the account holder.
Direct marketing
WSPs (and those acting on their behalf) must not:
- send direct marketing to customers without their consent
- send direct marketing when consent is given unless the customer can easily unsubscribe
- send direct marketing to customers who have unsubscribed
- provide credits, vouchers or rewards to customers to encourage consent for direct marketing.
WSPs must also ensure new customers can create a betting account without being required to:
- consent to receive direct marketing
- take further steps to opt out of direct marketing.
Deposit limits
WSPs must:
- provide customers with simple tools
- provide clearly explained processes to set deposit limits
- not allow customers to deposit into an account that would breach a set deposit limit
- ensure new betting-account customers set a deposit limit or ensure new betting-account customers opt out of setting a limit.
Account closure
WSPs must:
- ensure customers can simply and easily close a betting account
- not offer rewards to encourage keeping a betting account open.
Activity statements and betting account records
WSPs must:
- provide customers with free monthly activity statements
- ensure the previous month's activity statement is accessible
- give access to betting account transactions (7 years minimum)
- display information in clear, concise language
- use red text and graphs to show losses
- use black text and graphs to show wins
- not use green text or graphs anywhere
- display gambling harm taglines on each statement
- display free and bonus bets separately from other bets
- exclude losses on free bets from the net amount.
Staff training
WSPs must ensure all relevant person's complete training courses for responsible service of wagering. This includes:
- initial training in the first month of employment
- annual refresher training (within 12 months of initial training)
- refresher training every year thereafter.
Relevant persons include:
- employees
- contractors
- directors involved in decisions that impact betting services.
WSPs must also:
- Ensure that training is delivered:
- as online micro-credential training by TAFE Queensland
- as accredited training by a registered training organisation
- to meet the National Unit of Competency.
- Ensure, if training is delivered in-house by the WSP that it:
- meets the National Unit of Competency
- is annually reviewed by an independent reviewer
- requires completion of the online knowledge test.
- Keep training records for at least 7 years, including:
- the date each relevant person commenced employment
- the date the relevant person completed training
- the training that was completed
- any independent reviews of in-house training.
*Note: We may request a copy of these records for inspection.
Gambling advertising messaging
WSPs must communicate taglines and 'call to action' messaging as part of any gambling advertising. This occurs via:
- television
- radio
- social media
- website(s)
- internet application(s)
- direct marketing.
The taglines include:
- Chances are you’re about to lose.
- Think. Is this a bet you really want to place?
- What’s gambling really costing you?
- What are you prepared to lose today? Set a deposit limit.
- Imagine what you could be buying instead.
- You win some. You lose more.
- What are you really gambling with?
The 2nd Direction (published 24 March 2023) outlines specific requirements for:
- which messaging must be used based on advertising methods
- the way the messaging is spoken or displayed.
*Note: WSPs must keep a copy of any gambling advertising for 12 months (minimum) for inspection purposes.
For more information, view the Australian Government's Consistent Gambling Messaging resources(opens in a new window).
Complaints and penalties
WSPs must follow all requirements in the Directions.
Non-compliance is an offence and may result in a penalty of up to 60 penalty units.
If you believe any WSPs have failed to comply, you can lodge a complaint online(opens in a new window).
Parliamentary inquiry into online gambling
On 15 September 2022, the Australian Parliament launched an inquiry into online gambling and its impacts on those experiencing gambling harm.
On 28 June 2023, the inquiry response was paused by the House of Representatives Standing Committee (Social Policy & Legal Affairs).
The report shows 31 recommendations for online gambling to reduce harm to Australians. This includes the Australian Government developing a national strategy on harm reduction, supported by:
- national regulation
- an online gambling ombudsman
- a harm reduction levy on online WSPs
- a public education campaign
- more independent research
- improved data collection.
The VGCCC supports the inquiry recommendations and is awaiting the Commonwealth Government’s response.
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