15 December 2023

The RUC fined $5000 for failing to protect excluded person from gambling harm

| Claire Fenwicke
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The RUC has been publicly reprimanded by the ACT Gambling and Racing Commission. Photo: Facebook/The RUC Turner.

Turner hotspot The RUC has been fined $5000 after allowing an excluded person to gamble and then trying to give them their winnings.

The ACT Gambling and Racing Commission took disciplinary against North Canberra Bowling and ACT Rugby Union Club Incorporated (which trades as The RUC) after the misconduct came to the attention of Access Canberra.

According to the Gaming Machine Act 2004 and the Gambling and Racing Control (Code of Practice) Regulation 2002, all gambling licensees must prevent excluded persons from accessing gambling activities at their venue and must not pay out an excluded person if they happen to win money while gambling.

A directorate spokesperson said an excluded person had entered The RUC and won a “sum of money” from gambling.

“The excluded person was paid part of their winnings at that time, with the remaining winnings being arranged to be sent to them via EFT,” they said.

“The person was then identified as an excluded patron when a cheque was being prepared for payment of the remaining winnings, at which point the further winnings were not paid.”

The matter came to Access Canberra’s attention when The RUC contacted the service, seeking guidance on how to pay the remaining winnings to the excluded person.

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An investigation by the ACT Gambling and Racing Commission found that the RUC had failed to exclude a person at risk or excluded under the deed, paid winnings to an excluded person, and failed to comply with a condition under the Gaming Machine Act 2004.

Along with the $5000 fine, The RUC must also engage an independent professional to audit its control procedures in relation to excluded persons, ensure all staff members are given training on how to identify the signs of problem gambling, the importance of identifying problem gambling, and provide refresher training sessions to its gambling contact officer in relation to risks of gambling harms and the intent of the exclusion scheme.

ACT Gambling and Racing Commission CEO Yu-Lan Chan stressed the importance of exclusion to protect individuals from gambling harm.

“If an organisation makes a decision to sell gambling services, they must be able to fulfil their obligations as gambling licensees which includes protecting their customers,” she said.

“The community and the Gambling and Racing Commission have expectations of all licensees to proactively prevent gambling harm in their venues. When this is not done, individuals can experience significant harm.”

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Ms Chan said while it was appreciated that The RUC had taken steps to reduce the risk of this type of offence happening again, action had to be taken to serve as a warning to other licensees.

“This outcome is a timely reminder to all licensees to ensure all staff involved in the provision of gambling services can identify signs of gambling harm and exercise due diligence in relation to the Exclusion Scheme,” she said.

Access Canberra is finalising a program with club licensees across Canberra to assess and educate them regarding protections for excluded persons.

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