Bookmaker and racing industry complaints

It is a legal requirement that a bookmaker must have a Responsible Gambling Code of Conduct. Some bookmakers use the Victorian Bookmakers' Association (VBA) model Code and other bookmakers use their own.

Do you believe that a bookmaker has breached a Responsible Gambling Code of Conduct used by the Bookmaker (i.e., either the VBA’s model Code or the bookmaker’s own Code?

See the VBA’s Responsible Gambling Code of Conduct for more information.

See also Victorian Gambling and Casino Control Commission (VGCCC) fact sheet on Responsible Gambling Code of Conduct for more and information.

A complete list of all Responsible Gambling Codes can be found here. If a Bookmaker’s own Code is not listed here, you should assume that the bookmaker uses the VBA model Code.

There are certain rules around what a Responsible Gambling Code must include. These can be found in the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003.

Do you believe that a bookmaker’s Responsible Gambling Code of Conduct has breached these rules around responsible gambling and does not contain information it must include?
See the Victorian Gambling and Casino Control Commission (VGCCC)’s fact sheet for more information.

Do you believe that a bookmaker has breached the self-exclusion rules in the Responsible Gambling Code of Conduct used by the Bookmaker (i.e., either the Victorian Bookmakers’ Association (VBA)’s model Code or the bookmaker’s own Code)?

A list of all Responsible Gambling Codes for Victorian ‘registered bookmakers’ can be found here.

Were you able to create an account, without being prompted for a deposit limit?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Were you able to deposit money with a bookmaker, so that your account balance was above your deposit limit?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Did you request a bookmaker lower your deposit limit (e.g., have less money in gambling account), and they didn't act right away?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Did you request a bookmaker increase your deposit limit (e.g., have more money in gambling account), and they didn't act within 7 days?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Were you sent direct marketing from a bookmaker, and you have not expressly consented to receive?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Were you sent direct marketing without an unsubscribe link/option that was easy to access and use?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Were you sent direct marketing from a bookmaker 5 or more business days after you notified that bookmaker you
no longer consented to receiving direct marketing?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Were you sent direct marketing at any time after 5 days from the day you notified the bookmaker you wished to
close your account?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Has the bookmaker breached rules from the SPAM Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth)?

View ACMA’s spam fact sheet (opens in a new window)and unwanted calls fact sheet.(opens in a new window)

Was the method to close your account with a bookmaker hard to understand and hard to find?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Was the method to close your account with a bookmaker very technical and hard to use?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Were you told that you were unable to close your account via telephone, email, the bookmaker’s website, or other service (i.e., live chat, mobile app)?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Was there a significant delay in the bookmaker closing your account after you requested it be closed?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Do you believe that the bookmaker closed your account to prevent you from betting to the relevant minimum betting limit on Victorian thoroughbred racing?

See Club Bookmakers’ Licence Rules(opens in a new window) for more information.

Did a bookmaker offer you an inducement for you to open an account? This includes where a Victorian licensed bookmaker offers services to both Victorian and non-Victorian customers, as well as a Victorian customer of an interstate licensed bookmaker.

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Did a bookmaker offer you an inducement to refer another person (such as family and friends) to open an account?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Did a bookmaker offer you an inducement to consent or continue to consent to direct marketing?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Did a bookmaker offer you an inducement to keep your betting account open after you requested to close it? Please note it is permissible for a bookmaker to explain to you the consequences of closing the account and to confirm whether you still wish to close the account.

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Did a bookmaker require you to continue to bet with the winnings from free, bonus or complimentary bets before you could withdraw them?

See the Ministerial Direction pursuant to Section 4.8SA2 of the Gambling Regulation Act 2003 for more information.

Advertising

Please note that advertising is a complex area. One breach of a Victorian law may also be a breach of Commonwealth law (i.e., the AANA Codes or the rules around live sports and children’s programs).

Was a gambling advertisement on or above a public road?

See section 4.7.1 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more info.

Was a gambling advertisement on public transport?

See section 4.7.1 of the Gambling Regulation Act 2003 (Vic)(opens in a new window) for more info.

Was a gambling advertisement present within 150 metres of a school?

See section 4.7.1 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more info.

Did a gambling advertisement not contain a responsible gambling message (e.g., “Gamble Responsibly”)?

See section 4.7.9 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more info.

Did a gambling advertisement encourage a breach of the Gambling Regulation Act?

See section 4.7.8 of the Gambling Regulation Act 2003 (Vic)(opens in a new window) for more info.

Did a gambling advertisement target children?

See section 4.7.8 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more info.

Please note that this may also be a breach of the AANA Codes, rules around children’s TV programming or rules around live sport (see below).

Did a gambling advertisement suggest that winning is a definite outcome of gambling?

See section 4.7.8 of the Gambling Regulation Act 2003 (Vic)(opens in a new window) for more info.

Please note that this may also be a breach of the AANA Codes or rules around live sport (see below).

Did a gambling advertisement suggest that gambling can improve a person’s financial prospects?

See section 4.7.8 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more info.

Please note that this may also be a breach of the AANA Codes (see below).

Was a gambling advertisement offensive?

See section 4.7.8 of the Gambling Regulation Act 2003 (Vic)(opens in a new window) for more info.

Please note that this may also be a breach of the AANA Codes (see below).

Did a gambling advertisement promote the use of alcohol whilst gambling?

See section 4.7.8 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more info.

Please note that this may also be a breach of the AANA Codes or rules around live sport (see below).

You can lodge a complaint online to the Australian Communications and Media Authority (ACMA).

Do you consider that a gambling advertisement was misleading, deceptive, or contained false information?

See the ACCC’s guide for more information.

See also material prepared by Consumer Affairs Victoria on misleading and deceptive conduct and false or misleading representations for more information.

The Australian Competition and Consumer Commission (ACCC) has a guide that may assist you with this matter.

Alternatively, Consumer Affairs Victoria has a guide that may assist you with this matter.

Do you believe that a bookmaker is not fulfilling their Anti-Money Laundering and Counter-Terrorism Financing obligations?

Please see AUSTRAC’s website for more information relating bookmakers’ obligations in this area.

Were your privacy rights under the Privacy Act 1988 (Cth) infringed by a bookmaker?

For more information, see a fact sheet published by the Office of the Australia Information Commissioner or the Privacy Act 1988 (Cth).

Some examples include:

• You were unable to locate a bookmaker’s Privacy Policy or were charged to access the Privacy Policy
• The bookmaker does not provide an ‘opt-out’ function relating to marketing communications
• The bookmaker did not notify you regarding an eligible suspected/actual data breach

Are you aware of a bookmaker accepting a bet from a person under the age of 18 years of age?

See section 10.7.3 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more info.

Do you have a general complaint about a bookmaker’s terms and conditions?

Terms and Conditions are usually found on the bookmaker’s website or mobile app. For example, there could be a link at the bottom of each page.

An example of a general Terms and Conditions complaint could be: “My account was locked out and Bookmaker A has requested additional information. I have provided Bookmaker A with this information, but they have not unlocked my account and allowed me to withdraw my winnings.”

We recommend contacting Racing Victoria(opens in a new window).

Please note Racing Victoria does not deal with specific issues about a bookmaker’s terms and conditions. However, Racing Victoria can ask questions about the general operation of the terms and conditions and identify issues where Racing Victoria may need to take action. If you have a more specific complaint, it is likely that this is a civil matter between you and the bookmaker. We recommend using the Law Institute of Victoria’s Referral Service to locate a suitable lawyer.

Improper or unlawful operations of a bookmaker

Do you believe that the bookmaker has taken any action to avoid the betting you to the relevant minimum betting limit on Victorian thoroughbred racing? This includes but is not limited to:

• Closing your account
• Refusing to open your account
• Placing restrictions on your account in relation to Victorian thoroughbred racing
• Refusing to lay fixed odds bet to you when those fixed odds are publicly displayed
• Laying lesser odds on a fixed odds bet to you than those publicly displayed

See Club Bookmakers' Licence Rules for more information.

Were you offered in-play sports betting online?

See section 10B of the Interactive Gambling Act 2001 (Cth) (opens in a new window)(IGA) and ACMA’s summary of the IGA for more information.

Did a bookmaker offer you a line of credit or help you use third parties credit providers such as payday lenders to bet online? Please note this does not included the use of your own credit card.

See Part 2B of the Interactive Gambling Act 2001 (Cth) (opens in a new window)(IGA) and ACMA’s summary of the IGA(opens in a new window) and summary of the credit rules(opens in a new window) for more information.

Do you have a general betting dispute?

This means disputes not already covered by this chart particularly the following:

• the general operation of the bookmaker’s terms and conditions (see ‘TERMS AND CONDITIONS'); or
• the compliance with the bookmaker rules (see ‘IMPROPER OR UNLAWFUL OPERATIONS OF A BOOKMAKER’).
  

Some examples of a ‘general betting dispute’ include:

• if you are unhappy with the treatment, you received when communicating with a bookmaker (i.e., bookmaker was rude or confrontational); or
• the bookmaker is not responding to communications

We recommend contacting Racing Victoria(opens in a new window).

Please note Racing Victoria deals with general betting disputes only. However, Racing Victoria can ask questions about the general operation of the terms and conditions and identify issues where Racing Victoria may need to take action. If you have a more specific complaint, it is likely that this is a civil matter between you and the bookmaker. We recommend using the Law Institute of Victoria’s Referral Service to locate a suitable lawyer.

Immediately notify the bookmaker who holds the account.

We also recommend contacting Victoria Police and making a report.

Are you concerned that a bookmaker has hired a person with a relevant criminal conviction to assist in any part of their operations?

See section 4.5A.17 of the Gambling Regulation Act 2003 (Vic) (opens in a new window)for more information.

Do you want to make a claim against the Victorian Bookmakers’ Association Guarantee Fund?

See https://vicbookmakers.com.au/vba-guarantee/ for more information.

We recommend you get in contact with the Victorian Bookmakers' Association(opens in a new window).

See also ‘general betting disputes’ above.

Do you believe that a bookmaker:

• has provided false or misleading information to the VGCCC?
• has contravened their licence conditions, the Gambling Regulation Act 2003 (Vic) or the Racing Act 1958 (Vic)?
• has been convicted of a “relevant offence”?
• is insolvent or under administration?
• is otherwise not suitable to hold a licence?

See section 4.5A.14 of the Gambling Regulation Act 2003 (Vic)(opens in a new window) and the VGCCC's FAQ's regarding bookmaker disciplinary action.

If your complaint relates to a non-Victorian licensed bookmaker or you're not a Victorian resident, you can contact the following regulators:

• NSW – Liquor and Gaming NSW(opens in a new window)
• WA – Department of Local Government, Sport, and Cultural Studies(opens in a new window)
• SA – Consumer and Business Affairs SA(opens in a new window)
• QLD – Office of Liquor and Gaming Regulation
• TAS – Tasmanian Liquor and Gaming Commission(opens in a new window)
• NT – Northern Territory Racing Commission(opens in a new window)
• ACT – ACT Gambling and Racing Commission(opens in a new window)

We recommend that you seek legal assistance about your next steps if you are not a Victorian resident or the complaint does not relate to a Victorian licensed bookmaker.