Intro
The GWC is responsible for administering the law relating to gambling, gaming and wagering, including the Gaming and Wagering Commission Act 1987, the Casino Control Act 1984, the Betting Control Act 1954 and the Racing and Wagering Western Australia Act 2003. The GWC is an independent statutory authority governed by a board appointed by and reporting to the Minister for Racing and Gaming in the Government of Western Australia.
Our work spans many different areas, including community gaming, casino gaming, wagering, and responding to instances of unlawful gaming.
Our role is to protect the welfare of Western Australians by regulating activities under the above legislation. This includes ensuring the integrity of gambling, protecting state revenues, taking steps to minimise gambling-related harm to the community, and educating the community about the incidence of gambling and its effect on the community.
The GWC’s decision-making takes place within rigorous corporate governance processes. Our actions are open to review by a range of government bodies, the courts and Parliament.
All enforcement matters that are finalised by litigation or other formal resolution are made public. This may include media statements, or notification online.
The GWC’s enforcement responses are proportionate to the conduct and the resulting (or potential) harm and its consequences.
The GWC seeks to conduct investigations in confidence, and we do not generally publicly comment on matters that we may or may not be investigating, unless the matter is already in the public domain.
The GWC’s investigations and the resolution of enforcement matters are done as efficiently as possible, to avoid costly delays and uncertainty for all parties.
In conducting our investigations and other activities, our response will fit the specific circumstances but we will seek to avoid taking inconsistent approaches where it cannot be justified.
We aim for continuous quality improvement in our work, drawing on the experience and best practice of other jurisdictions.
We recognise that our responsibilities cover a wide range of activities run by many different organisations. These range from large, sophisticated for-profit entities with large turnovers, staff and considerable resources through to small, community, charitable and non-profit organisations largely run by volunteers.
We expect all entities to recognise their responsibility to be fully compliant with the law and expect the former group to proactively go beyond this to promote a safe gambling culture. We recognize that the latter group may need assistance to understand and fulfill their legal requirements. While not sanctioning noncompliance, we will actively work with community and charitable organisations to help them meet their responsibilities.
The GWC uses targeted education to provide information and advice to service providers and gamblers, and to encourage compliance with the relevant laws. We consider that prevention of a breach of the law is always preferable to taking action after it has occurred.
The GWC also seeks to assist gamblers and the WA community to be aware of their rights and responsibilities under the laws through clear and targeted communications. We will actively engage with relevant external stakeholders, including community groups, harm reduction groups, other government agencies, industry bodies and gambling service providers.
The GWC advocates evidence-based policy development. Accordingly, the GWC may commission research into potential new or emerging gambling policy issues in line with a priority area which may require broader policy considerations, research and analysis.
In some cases, and depending on the circumstances, we may warn or seek a commitment from a party to cease an action. Administrative resolutions generally involve the party agreeing to stop the conduct of concern, and to ensure that the conduct does not recur. This is usually only used in limited cases and will not usually be offered if the party has previously breached a similar prior undertaking. In some instances, a formal censure may be warranted.
The GWC may issue an infringement notice under some circumstances. This involves payment of a financial penalty.
The GWC may recommend the imposition of a substantial fine under some circumstance where the legislation provides that option.
We are more likely to use litigation where the conduct is by a large gambling or wagering service provider and has the potential to result in substantial detriment to gamblers or the community.
The GWC works closely with other gambling regulators and state and federal law enforcement agencies, and may refer potential breaches of laws to them where those agencies are better placed to seek effective sanctions, including criminal penalties, against individuals involved.