Wednesday, 1 May 2024
Bills
Victorian Responsible Gambling Foundation Repeal and Advisory Councils Bill 2024
Bills
Victorian Responsible Gambling Foundation Repeal and Advisory Councils Bill 2024
Statement of compatibility
Melissa HORNE (Williamstown – Minister for Casino, Gaming and Liquor Regulation, Minister for Local Government, Minister for Ports and Freight, Minister for Roads and Road Safety) (11:19): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Victorian Responsible Gambling Foundation Repeal and Advisory Councils Bill 2024:
Opening paragraphs
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Gambling Legislation Amendment (Victorian Responsible Gambling Foundation Repeal and Other Matters) Bill 2024.
In my opinion, the Gambling Legislation Amendment (Victorian Responsible Gambling Foundation Repeal and Other Matters) Bill 2024, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview
The Bill repeals the Victorian Responsible Gambling Foundation Act 2011 and abolishes the Victorian Responsible Gambling Foundation.
It amends the Gambling Regulation Act 2003 to establish the Gambling Harm Response Fund and abolish the Responsible Gambling Ministerial Advisory Council and the Liquor Control Advisory Council.
It also amends the Victorian Gambling and Casino Control Commission Act 2011 to transfer certain functions to the Victorian Gambling and Casino Control Commission.
Finally, it amends the Liquor Control Reform Act 1998 to abolish the Liquor Control Advisory Council.
The Bill does not affect the rights of any natural person.
I consider that the amendments do not engage any rights under the Charter.
The Hon Melissa Horne
Minister for Casino, Gaming and Liquor Regulation
Second reading
That this bill be now read a second time.
I ask that my second-reading speech be incorporated into Hansard.
Incorporated speech as follows:
On 16 July 2023, I announced Australia’s most significant package of gambling reforms.
The focus of those reforms was on the ‘how’ and ‘when’ people gamble, making sure patrons have adequate protections when they sit down at an electronic gaming machine at their local hotel or club.
These reforms include mandatory carded play and pre-commitment, increasing and standardising closing times, reducing load up limits and slowing spin rates.
At the same time, I announced the functions of the current Victorian Responsible Gambling Foundation would be transferred to other parts of government to better enable joined up service delivery and service integration.
These gambling harm prevention reforms are around the ‘what’ – what we can do as government to prevent and reduce gambling harm across our communities.
Gambling harm prevention and response services need to take a public health approach to ensure people experiencing, or at risk of experiencing gambling harm, are supported.
The focus of these important programs is not on the location or activity of gambling; rather making sure that wherever people are in Victoria, they are aware of the risks and have a place to seek support should they experience gambling harm.
The Victorian Government is committed to maintaining the important functions currently delivered by the Victorian Responsible Gambling Foundation.
However, it has been some years since this model was developed and there is an opportunity to build on these foundations for a more integrated service that is built around how gambling harm is experienced.
This Bill makes important changes that update the gambling harm prevention and response model and will enable better integration and delivery of gambling harm prevention and support in Victoria.
This Bill also dissolves the Responsible Gambling Ministerial Advisory Council and Liquor Control Advisory Council to modernise the governance arrangements for casino, gaming and liquor engagement.
Gambling Harm is often experienced at the same time as other social or health issues
Each year, more than half-a-million Victorians experience gambling harm – whether it be related to their own or someone else’s gambling.
Gambling harm can present as feelings of regret, shame or guilt; irritability; depression; anxiety; increased use of alcohol and other drugs; and family violence.
Because of these significant comorbidities, gambling harm can fall through the cracks in primary care settings when a person seeks treatment for other co-occurring issues.
A 2017 study commissioned by the Victorian Responsible Gambling Foundation found that up to 30 per cent of people presenting to primary care, alcohol and other drugs and mental health services are experiencing problems with gambling.
The Victorian Government has long focused on improving service integration and referral pathways across our social service system.
This focus is grounded in best practice, as well as findings from major inquiries including the Royal Commission into Victoria’s Mental Health System and Royal Commission into Family Violence.
And that is why the Victorian Government has developed a new gambling harm prevention and response model which aims to embed a more holistic approach to addressing gambling harm.
New Gambling Harm Prevention and Response Model
In the development of this model, the government consulted widely.
We have met with Gambler’s Help providers, gambling harm stakeholders, researchers and academics, government agencies, regulators, people with lived and living experience of gambling harm and the Victorian Responsible Gambling Foundation staff to inform the design of this new model.
Through this consultation, we heard:
• It remains essential that a public health model for addressing gambling harm is maintained.
• there are opportunities to better coordinate services, especially with mental health, community health, alcohol and other drugs, financial counselling, family violence and family services.
• the current clinical governance framework, as well as contracting mechanism, is outdated and needed updating.
• There are opportunities to leverage the Victorian Gambling and Casino Control Commission’s enhanced focus on gambling harm and connections with all gambling licensees to improve the reach of prevention and awareness raising campaigns.
• That there were benefits from research and evidence being more closely linked to policy and regulatory development.
• There are opportunities to elevate the insights of people with lived and living experience in a new model.
Drawing on this stakeholder engagement, as well as the evidence regarding how and where gambling harm presents, the Victorian Government has developed a new model for gambling harm prevention and response:
• Prevention and programs functions, including Gambler’s Help, will be transferred to the Department of Health to enable better service integration with community health and clinical mental health expertise.
• Gambling harm awareness and prevention functions, including public campaigns, will be transferred to the Victorian Gambling and Casino Control Commission (VGCCC), building on their enhanced focus on gambling harm minimisation.
• Policy, research, and evaluation functions will be transferred to the Department of Justice and Community Safety, including the Lived Experience Consultative Committee, to ensure the function can be performed across the portfolio.
Gambling harm prevention and response activities will continue to be funded through the Community Support Fund which draws from revenue generated from electronic gambling machines – which will be delivered through the newly established Gambling Harm Response Fund at the determination of the Minister.
This legislation enables this model through the dissolution of the Victorian Responsible Gambling Foundation Act 2011, the establishment of the Gambling Harm Response Fund, and embedding the awareness and prevention functions into the gambling regulator’s legislation.
I am confident the new model of gambling harm prevention and response will make better use of the strengths of other service delivery agencies funded by the government, while building on the experiences and knowledge the Foundation has generated since its establishment.
Updating gambling and liquor governance
This Bill removes two historical engagement mechanisms from legislation, the Responsible Gambling Ministerial Advisory Council and Liquor Control Advisory Council.
We are committed to engaging with the wide range of stakeholders across the Casino, Gaming and Liquor portfolio and an updated stakeholder governance model will be established to replace these entities.
This includes embedding the voices of people with lived experience of gambling or alcohol related harm, along with community and industry stakeholders.
As stakeholder engagement mechanisms evolve over time, having historical structures in place in legislation can reduce the opportunities to update and refine them.
For example, the importance of engaging with people with lived and living experience was not considered when the Responsible Gambling Ministerial Advisory Council and Liquor Control Advisory Council were established.
There is a need to be flexible around stakeholder engagement to ensure it is fit for purpose for the times. As such, the replacement governance model will not be legislated.
Conclusion
In concluding, I wanted to acknowledge the work of the Victorian Responsible Gambling Foundation staff and Board. The Foundation has changed the way Victorians and Australians understand gambling harm, and this legacy will be built on as we implement the new gambling harm prevention and response model.
I want to thank the former members and Chairs of the Responsible Gambling Ministerial Advisory Council and Liquor Control Advisory Council and look forward for your insights to be provided in an updated way, more reflective of best practice.
I commend the Bill to the house.
James NEWBURY (Brighton) (11:20): I move:
That debate be adjourned.
Motion agreed to and debate adjourned.
Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 15 May.