Following the successful prosecution of the Peninsula Club in Dromana, Victorian Gambling and Casino Control Commission (VGCCC) CEO Annette Kimmitt AM reiterated the regulator would continue to crack down on venues that allow children to enter poker machine areas.

The Magistrates’ Court of Victoria fined Victorian Amateur Turf Club, the venue owner, $7000 for 2 breaches of the Gambling Regulation Act 2003 (Vic) and ordered it to pay VGCCC costs of $3500. No conviction was recorded.

Ms Kimmitt said: “This is a warning to every venue. The onus is on you to ensure that children cannot and do not enter the gambling area or participate in any gambling activity, even if they’re with an adult.

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“Equally, staff must be adequately trained and present in the gambling area to supervise while machines are in use.

“Research tells us that people who begin gambling at a young age are at greater risk of developing gambling problems as an adult.

“The rules exist to protect children from exposure to, and harm from, gambling.”

On 10 June 2023, a child entered the gambling area of the Peninsula Club twice and was able to use the poker machines on both occasions. During the second visit to the area, while with adults, the child used a poker machine for about 5 minutes, until staff intervened.

Magistrate Ayres considered the venue’s self-reporting, its lack of prior convictions, early plea and remediations implemented to reduce the chance of future offending.

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“Nothing can make up for the harm a Melbourne family experienced as a result of the failure by multiple operators to prevent a young teen from gambling between May 2022 and October 2023,” Victorian Gambling and Casino Control Commission (VGCCC) CEO Annette Kimmitt AM said.

Her comment followed the conclusion of VGCCC’s most comprehensive action to date for underage gambling – more than 2000 hours of investigations, 14 prosecutions against 10 entities, 98 charges and fines totalling half-a-million dollars.

The VGCCC investigation was prompted by concerns reported by the mother of the then 17-year-old, whose neurodiversity, in addition to his age, put him at high risk of gambling harm.

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Ms Kimmitt said: “I can only imagine how difficult it was for the mother to come to us and I commend her for doing so. I hope the outcomes and conclusion of these proceedings bring her some comfort, following the significant trauma she and her family have gone through.

“When industry is not diligent about complying with its legal and social obligations, the consequences for everyday Victorians can be serious and long lasting, which is why the VGCCC is determined to hold operators to account.”

The final case was heard before the Magistrates’ Court of Victoria on Thursday 13 February. Correct Bet Pty Ltd, the operator of the Coburg TAB outlet, pleaded guilty to two charges and was fined $3000 without conviction and ordered to pay VGCCC costs of $5500.

Magistrate Hodgson considered that Correct Bet had no prior convictions in 14 years of operation across multiple venues and had implemented additional measures, including staff training, mobile phone policy changes, and regular CCTV monitoring.

Separately, on Friday 7 February, Supreme Edinburgh Pty Ltd, trading as the Duke of Edinburgh in Brunswick, pleaded guilty in the Magistrates’ Court to three counts of breaching the Gambling Regulation Act 2003. The operator was fined $2500 and ordered to pay VGCCC costs of $4950.

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Ms Kimmitt said: “It is a venue’s responsibility to ensure minors do not access a designated gambling area, let alone gamble, no matter how determined or convincing a child might be.

“We welcome the outcome of these court hearings, which bring to a close all prosecutions involving this family. Unfortunately, the family’s recovery from this experience is likely to take a lot longer and leave a painful scar.”

Network Ten has been found in breach of broadcasting rules after airing gambling advertisements during the australian Formula 1 Grand Prix in March 2024.

An Australian Communications and Media Authority (ACMA) investigation found four gambling ads were aired at prohibited times during a broadcast of the first practice round of the Grand Prix.

Under the Commercial TV Code of Practice (the Code), gambling promotions cannot be shown during broadcasts of sporting events between 5am and 8.30pm, including the five minutes before and after the event.

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Authority member Carolyn Lidgerwood said the rules around gambling advertisements on TV are there to protect the community from gambling related harms.

“Broadcasters should have strict controls in place to ensure compliance with the restrictions on gambling ads during sporting events,” Ms Lidgerwood said.

Practice rounds and qualifying rounds for motorsports are subject to the same restrictions on gambling advertising as the main event itself.

This is the first breach by Network 10 of the gambling advertising rules in the Code. During the investigation, Network 10 submitted that the broadcasts occurred due to human error.

Following the ACMA’s breach finding, Network 10 voluntarily improved the planning, checks and balances it has in place for ad scheduling and has, at the ACMA’s request, agreed to review its processes to introduce additional quality controls.

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Network 10 will also train staff to avoid similar issues in the future and will provide a written progress report to the ACMA.

In a separate investigation in 2024, the ACMA found that streaming service 10 Play, provided by Network 10, breached online gambling advertising rules during two live-streamed sports events.

“The ACMA will closely monitor these actions and Network Ten’s compliance with the broadcasting and online gambling advertising rules,” Ms Lidgerwood said.