{"id":"problem-gambling-family-protection-orders-act-2004","name":"Problem Gambling Family Protection Orders Act 2004","slug":"problem-gambling-family-protection-orders-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106385,"registerId":"sa-problem-gambling-family-protection-orders-act-2004-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Problem Gambling Family Protection Orders Act 2004","content":"South Australia\nProblem Gambling Family Protection Orders Act 2004\nAn Act to allow orders to be made for the protection of family members from serious harm resulting from problem gambling; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tGrounds for making problem gambling family protection order\n5\tTerms of problem gambling family protection order\n6\tAttachment order\n7\tComplaints\n8\tComplaints or applications by or on behalf of child\n9\tMaking problem gambling family protection order in respondent's absence\n10\tVariation or revocation of problem gambling family protection order by Commissioner\n11\tConduct of proceedings\n12\tService\n13\tNotification of orders by Commissioner\n14\tEnforcement of problem gambling family protection orders\n15\tRemoval of respondent barred from certain premises\n16\tCourt may review decision of Commissioner\n17\tPriority of problem gambling family protection order proceedings\n18\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Problem Gambling Family Protection Orders Act 2004.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nattachment order—see section 6;\nchild means a person who is under the age of 18 years;\nclose personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—\n\t(a)\tthe relationship between a legally married couple; or\n\t(b)\ta relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;\nNote—\nTwo persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.\nCommissioner has the same meaning as in the Gambling Administration Act 2019;\nCourt means the Magistrates Court;\nDepartment means the administrative unit of the public service declared by the Governor by proclamation to be the Department for the purposes of this Act;\ndomestic partner—a person is the domestic partner of a respondent if he or she lives with the respondent in a close personal relationship;\nfamily member in relation to a respondent means—\n\t(a)\ta spouse or former spouse of the respondent;\n\t(b)\ta domestic partner or former domestic partner of the respondent;\n\t(c)\ta child of whom—\n\t(i)\tthe respondent; or\n\t(ii)\ta spouse or former spouse of the respondent; or\n\t(iii)\ta domestic partner or former domestic partner of the respondent,\nhas care and control;\n\t(d)\ta child who normally or regularly resides with—\n\t(i)\tthe respondent; or\n\t(ii)\ta spouse or former spouse of the respondent; or\n\t(iii)\ta domestic partner or former domestic partner of the respondent;\nproblem gambling family protection order means a problem gambling family protection order made under this Act;\nrespondent means a person against whom a problem gambling family protection order is sought or made;\nspouse—a person is the spouse of a respondent if the person is legally married to the respondent.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\tdeclare an administrative unit of the public service to be the Department for the purposes of this Act; and\n\t(b)\tvary or revoke a proclamation under paragraph (a).\n4—Grounds for making problem gambling family protection order\n\t(1)\tOn a complaint under this Act, the Commissioner may make a problem gambling family protection order against the respondent if—\n\t(a)\tthere is a reasonable apprehension that the respondent may cause serious harm to family members because of problem gambling; and\n\t(b)\tthe Commissioner is satisfied that the making of the order is appropriate in the circumstances.\n\t(2)\tFor the purposes of this Act, the respondent is to be regarded as having caused serious harm to family members because of problem gambling if the respondent—\n\t(a)\thas engaged in gambling activities irresponsibly having regard to the needs and welfare of the respondent's family members; and\n\t(b)\thas done so repeatedly over a period of not less than 3 months or in a particularly irresponsible manner over a lesser period.\n\t(3)\tThe Commissioner may decide that there is a reasonable apprehension that the respondent may cause serious harm to family members because of problem gambling if the Commissioner is satisfied that—\n\t(a)\tthe respondent has caused such harm prior to the complaint, according to the test set out in subsection (2); and\n\t(b)\tthere is reason to believe that the respondent's irresponsible gambling behaviour will continue or recur.\n\t(4)\tThe Commissioner may, in determining whether there is a reasonable apprehension that the respondent may cause serious harm to family members because of problem gambling, take into account events that have taken place outside this State.\n\t(5)\tIf a respondent disputes some or all of the grounds on which a problem gambling family protection order is sought or made but consents to the order, the Commissioner may make or confirm the order without receiving any further submissions or evidence as to the grounds.\n\t(6)\tThe Commissioner must consider whether the Commissioner should and may in an appropriate case refer the parties into family conferencing or mediation before hearing evidence in support of a complaint.\n\t(7)\tThe Commissioner may, at any stage, dismiss a complaint if the Commissioner is satisfied that the complaint is frivolous, vexatious, without substance or has no reasonable prospect of success.\n\t(8)\tIf the Commissioner becomes aware that an application has been made under the Intervention Orders (Prevention of Abuse) Act 2009 against a person against whom a complaint has been made under this Act, the Commissioner—\n\t(a)\tmust adjourn proceedings on the complaint under this Act pending determination of the proceedings on the application under that Act; and\n\t(b)\tmay not make a problem gambling family protection order against the respondent if the Court, in the proceedings on the application under that Act, makes an order of the kind that the Commissioner is empowered to make on a complaint under this Act or determines that the making of such an order is not appropriate in the circumstances.\n5—Terms of problem gambling family protection order\n\t(1)\tA problem gambling family protection order—\n\t(a)\tmay impose such requirements on the respondent as are necessary or desirable to prevent the respondent acting in the apprehended manner; and\n\t(b)\tmay apply for the benefit of all of the respondent's family members or specified family members.\n\t(2)\tWithout limiting the matters that may be the subject of a problem gambling family protection order, an order may do one or more of the following:\n\t(a)\trequire the respondent's participation in a program of counselling, rehabilitation or special education or any combination of these;\n\t(b)\tbar the respondent from taking part in gambling activities;\n\t(c)\tbar the respondent from attending at premises where gambling activities may be undertaken;\n\t(d)\tbar the respondent from a locality;\n\t(e)\trequire the respondent to close gambling accounts;\n\t(f)\trequire the respondent to refrain from contacting, harassing, threatening or intimidating a family member, or any other person at a place where the family member resides or works, to demand or request money for the purposes of gambling activities;\n\t(g)\tbar the respondent from taking possession of personal property (including money) reasonably needed by the family member;\n\t(h)\trequire the respondent to refrain from causing or allowing another person to engage in the conduct referred to in paragraph (f) or (g) on behalf of the respondent;\n\t(i)\tspecify conditions subject to which the respondent may—\n\t(i)\tbe on specified premises or in a specified locality; or\n\t(ii)\tapproach or contact a family member or any other person at a place where a family member resides or works;\n\t(j)\trequire the respondent to return specified personal property (including money) to a family member or to allow a family member to recover or have access to or make use of specified personal property;\n\t(k)\trequire the respondent to make arrangements for specified family members to be paid or have access to—\n\t(i)\tmoney owing or accruing to the respondent from a third person; or\n\t(ii)\tmoney of the respondent in the hands of a third person (including money in an ADI account).\n\t(3)\tA problem gambling family protection order may be made against the respondent in relation to premises or property despite the fact that the respondent has a legal or equitable interest in the premises or property.\n6—Attachment order\n\t(1)\tA problem gambling family protection order may include an order (an attachment order)—\n\t(a)\tthat money owing or accruing to the respondent from a third person; or\n\t(b)\tthat money of the respondent in the hands of a third person (including money in an ADI account),\nbe paid to satisfy a debt owed by the respondent, or be otherwise applied in a specified manner, for the benefit of all of the respondent's family members or specified family members (the beneficiaries).\n\t(2)\tIf an attachment order is made without notice to the respondent or a specified third person (or both), the following provisions apply:\n\t(a)\tthe order will operate to restrain the third person specified in the order from dealing with money to which the order relates until both the respondent and the third person have had an opportunity to be heard in the proceedings;\n\t(b)\tthe Commissioner will adjourn the proceedings to give the respondent and the third person an opportunity to be heard;\n\t(c)\tat the adjourned hearing the Commissioner will allow the beneficiaries, the respondent and the third person to give evidence and make representations (or both);\n\t(d)\tafter consideration of the evidence and representations (if any), the Commissioner will confirm, vary or revoke the attachment order.\n\t(3)\tAn attachment order may authorise the third person specified in the order to retain from the money subject to the order a reasonable sum, fixed in the order, as compensation for his or her expenses in complying with the order.\n\t(4)\tIf the third person specified in the order does not comply with the order, the person becomes personally liable for payment to the beneficiaries of the amount unpaid in breach of the order.\n\t(5)\tIf, because an order has been made under this section in relation to an employee, the employer—\n\t(a)\tdismisses the employee; or\n\t(b)\tinjures the employee in employment; or\n\t(c)\talters the employee's position to the employee's prejudice,\nthe employer is guilty of an offence.\nMaximum penalty: $10 000.\n7—Complaints\n\t(1)\tA complaint may be made to the Commissioner.\n\t(2)\tA complaint must be made in writing in the form approved from time to time by the Commissioner.\n\t(3)\tA complaint may be made by—\n\t(a)\ta family member of the respondent affected by the respondent’s problem gambling behaviour; or\n\t(b)\tan officer of the Department; or\n\t(c)\tthe person holding or acting in the office of Public Advocate under the Guardianship and Administration Act 1993; or\n\t(d)\ta person who satisfies the Commissioner that he or she has a proper interest.\n\t(4)\tThe complainant must inform the Commissioner of any other proceedings brought by the complainant against the respondent that are either determined or pending.\n\t(5)\tOn the making of a complaint, the Commissioner may exercise any powers vested in the Commissioner under the Gambling Administration Act 2019.\n8—Complaints or applications by or on behalf of child\nA complaint or application that could otherwise be made by a person under this Act may, if the person is a child, be made—\n\t(a)\tby the child with the permission of the Commissioner, if the child is at least 14 years of age; or\n\t(b)\ton behalf of the child by—\n\t(i)\ta parent or guardian of the child; or\n\t(ii)\ta person with whom the child normally or regularly resides; or\n\t(iii)\tan officer of the Department; or\n\t(iv)\tthe person holding or acting in the office of Public Advocate under the Guardianship and Administration Act 1993; or\n\t(v)\ta person who satisfies the Commissioner that he or she has a proper interest in the welfare of the child.\n9—Making problem gambling family protection order in respondent's absence\n\t(1)\tA problem gambling family protection order may be made in the absence of the respondent—\n\t(a)\tif the respondent was required by summons to appear at the hearing of the complaint and failed to appear at the time and place appointed for the purpose; or\n\t(b)\tif the respondent was not, in fact, summoned to appear at the hearing (but, in that case, the Commissioner must summon the respondent to appear before the Commissioner to show cause why the order should not be confirmed).\n\t(2)\tThe Commissioner may make an order under this section on the basis of evidence received in the form of an affidavit but, in that case—\n\t(a)\tthe deponent must, if the respondent so requires, appear personally at the proceedings for confirmation of the order to give oral evidence of the matters referred to in the affidavit; and\n\t(b)\tif the deponent does not so appear, the Commissioner may not rely on the evidence contained in the affidavit for the purpose of confirming the order.\n\t(3)\tThe Commissioner may from time to time, without requiring the attendance of any party, adjourn the hearing to which a respondent is summoned to a later date if satisfied that the summons has not been served or that there is other adequate reason for the adjournment.\n\t(4)\tThe date fixed in the first instance for the hearing to which the respondent is summoned must be within 7 days of the date of the order.\n\t(5)\tThe date fixed for an adjourned hearing must be within 7 days of the date on which the adjournment is ordered unless the Commissioner is satisfied that—\n\t(a)\ta later date is required to enable the summons to be served; or\n\t(b)\tthere is other adequate reason for fixing a later date.\n\t(6)\tAn order made under this section—\n\t(a)\tcontinues in force until the conclusion of the hearing to which the respondent is summoned or, if the hearing is adjourned, until the conclusion of the adjourned hearing; but\n\t(b)\twill not be effective after the conclusion of the hearing to which the respondent is summoned or the adjourned hearing unless the Commissioner confirms the order—\n\t(i)\ton the failure of the respondent to appear at the hearing in obedience to the summons; or\n\t(ii)\thaving considered any evidence given by or on behalf of the respondent; or\n\t(iii)\twith the consent of the respondent.\n\t(7)\tThe Commissioner may confirm a problem gambling family protection order in an amended form.\n10—Variation or revocation of problem gambling family protection order by Commissioner\n\t(1)\tThe Commissioner may vary or revoke a problem gambling family protection order on application by—\n\t(a)\ta person for whose benefit the order was made; or\n\t(b)\tthe respondent.\n\t(2)\tAn application for variation or revocation of an order may only be made by the respondent with the permission of the Commissioner and permission is only to be granted if the Commissioner is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.\n\t(3)\tThe Commissioner must, before varying or revoking an order under this section, allow all parties a reasonable opportunity to be heard on the matter.\n11—Conduct of proceedings\n\t(1)\tIn proceedings under this Act the Commissioner may exercise any powers vested in the Commissioner under the Gambling Administration Act 2019.\n\t(2)\tThe Commissioner may refer a question of law arising in proceedings under this Act to the Court.\n\t(3)\tIn proceedings under this Act, the Commissioner is to decide questions of fact on the balance of probabilities.\n\t(4)\tThe Commissioner is not bound by rules of evidence but may inform himself or herself in such manner as the Commissioner thinks fit.\n\t(5)\tIf, as a result of proceedings under this Act, the Commissioner is satisfied that it would be appropriate to make an order under Part 6 of the Gambling Administration Act 2019 instead of, or in addition to, an order under this Act, the Commissioner may make such an order.\n12—Service\n\t(1)\tA problem gambling family protection order must be served on the respondent personally and is not binding on the respondent until it has been so served.\n\t(2)\tIf a problem gambling family protection order is confirmed in an amended form or is varied at any time, the order in its amended form must be served on the respondent personally and until so served—\n\t(a)\tthe variation is not binding on the respondent; and\n\t(b)\tthe order as in force prior to the variation continues to be binding on the respondent.\n\t(3)\tAn attachment order must be served personally on the third person specified in the order and is not binding on the third person until so served.\n\t(4)\tIf an attachment order is confirmed in an amended form or is varied at any time, the order in its amended form must be served personally on the third person specified in the order and until so served—\n\t(a)\tthe variation is not binding on the third person; and\n\t(b)\tthe order as in force prior to the variation continues to be binding on the third person.\n13—Notification of orders by Commissioner\n\t(1)\tIf a problem gambling family protection order is made by the Commissioner, the Commissioner must provide a copy of the order to the complainant, the Chief Executive of the Department and the proprietor or licensee of any premises specified in the order.\n\t(2)\tIf a problem gambling family protection order is varied or revoked by the Commissioner, the Commissioner must notify the complainant, the Chief Executive of the Department and the proprietor or licensee of any premises specified in the order.\n\t(3)\tIf a problem gambling family protection order (whether made under this Act or the Intervention Orders (Prevention of Abuse) Act 2009) includes prohibitions of a kind that could be included in a barring order under Part 6 of the Gambling Administration Act 2019, the Commissioner must ensure that the prescribed particulars of those prohibitions are included in the register maintained under that Part of that Act (and if the prohibitions are subsequently varied or revoked, the Commissioner must ensure that the details included in the register are altered or deleted as the case may require).\n14—Enforcement of problem gambling family protection orders\nA problem gambling family protection order made by the Commissioner may be registered in the Court and enforced as an order of the Court.\n15—Removal of respondent barred from certain premises\nThe powers under Part 6 of the Gambling Administration Act 2019 relating to requiring a person to leave, or removing a person from, a place from which the person has been barred under that Part, extend to a person barred from such a place by an order under this Act, as if the order were an order under that Part.\n16—Court may review decision of Commissioner\n\t(1)\tThe Court may review a decision of the Commissioner in proceedings under this Act on application by the complainant, the respondent or a member of the respondent's family affected by the decision.\n\t(2)\tSubject to subsection (4), an application for review must be instituted within 1 month of the making of the decision appealed against.\n\t(3)\tThe Commissioner must, if required by the applicant for the review, state in writing the reasons for the decision.\n\t(4)\tIf the reasons of the Commissioner are not given to the applicant for the review in writing at the time of making the decision and that person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for instituting an appeal runs from the time at which that person receives the written statement of those reasons.\n\t(5)\tThe Court may, in its discretion, extend the time for the making of an application for review even if the time for making the application has ended.\n\t(6)\tThe making of an application for a review of a decision does not affect the operation of the decision.\n\t(7)\tHowever, on the making of an application for review of the decision, the Court or the Commissioner may, on application or at its own initiative, make an order staying or varying the operation of the whole or a part of the decision pending the determination of the application if the Court or the Commissioner is satisfied that it is just and reasonable in the circumstances to make the order.\n\t(8)\tAn order by the Court or the Commissioner under subsection (7) may be varied or revoked—\n\t(a)\tin any case—by the Court; or\n\t(b)\tif the order was made by the Commissioner—by the Commissioner.\n\t(9)\tOn a review under this section, the Court may—\n\t(a)\taffirm the decision of the Commissioner;\n\t(b)\trescind the decision and substitute a decision that the Court considers appropriate;\n\t(c)\tmake any ancillary or consequential order that the Court considers appropriate.\n\t(10)\tHowever, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice.\n17—Priority of problem gambling family protection order proceedings\nThe Commissioner and the Court must, as far as practicable, deal with proceedings for or relating to problem gambling family protection orders as a matter of priority.\n18—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of any amendments to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commissioner or another person.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Problem Gambling Family Protection Orders Act 2004 amended the following:\nDomestic Violence Act 1994\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n10\n Problem Gambling Family Protection Orders Act 2004\n15.4.2004\n1.7.2004 (Gazette 3.6.2004 p1717) \n2006\n43\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 68 (s 178)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n85\n Intervention Orders (Prevention of Abuse) Act 2009\n10.12.2009\nSch 1 (cl 18)—9.12.2011 (Gazette 20.10.2011 p4269)\n2013\n37\n Statutes Amendment (Gambling Reform) Act 2013\n8.8.2013\nPt 6 (ss 141—143)—1.7.2014 (Gazette 29.8.2013 p3648)\n2015\n22\nStatutes Amendment (Gambling Measures) Act 2015\n1.10.2015\nPt 5 (ss 20—22)—1.1.2016 (Gazette 17.12.2015 p5266)\n2018\n35\nStatutes Amendment and Repeal (Budget Measures) Act 2018\n22.11.2018\nPt 13 (ss 121 to 129)—1.12.2018 (Gazette 29.11.2018 p4058)\n2019\n44\nStatutes Amendment (Gambling Regulation) Act 2019\n12.12.2019\nPt 6 (ss 138 to 142)—3.12.2020 (Gazette 30.7.2020 p4103)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.6.2007\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.6.2007\ns 3\n\n\ns 3(1)\n\n\nAuthority\ndeleted by 35/2018 s 121(1)\n1.12.2018\nclose personal relationship\ninserted by 43/2006 s 178(1)\n1.6.2007\nCommissioner\ninserted by 35/2018 s 121(2)\n1.12.2018\n\namended by 44/2019 s 138\n3.12.2020\ndomestic partner\ninserted by 43/2006 s 178(2)\n1.6.2007\nfamily member\namended by 43/2006 s 178(3)\n1.6.2007\nSecretary\ndeleted by 22/2015 s 20\n1.1.2016\nspouse\nsubstituted by 43/2006 s 178(4)\n1.6.2007\ns 4\n\n\ns 4(1)\namended by 35/2018 s 128\n1.12.2018\ns 4(3)—(7)\namended by 35/2018 s 128\n1.12.2018\ns 4(8)\namended by 85/2009 Sch 1 cl 18(1)—(3)\n9.12.2011\n\namended by 35/2018 s 128\n1.12.2018\ns 6\n\n\ns 6(2)\namended by 35/2018 s 128\n1.12.2018\ns 7\n\n\ns 7(1)—(4)\namended by 35/2018 s 128\n1.12.2018\ns 7(5)\nsubstituted by 35/2018 s 122\n1.12.2018\n\namended by 44/2019 s 139\n3.12.2020\ns 8\namended by 35/2018 s 128\n1.12.2018\ns 9\n\n\ns 9(1)—(3)\namended by 35/2018 s 128\n1.12.2018\ns 9(5)—(7)\namended by 35/2018 s 128\n1.12.2018\ns 9(8)\ndeleted by 35/2018 s 123\n1.12.2018\ns 10\n\n\ns 10(1)—(3)\namended by 35/2018 s 128\n1.12.2018\ns 11 before substitution by 35/2018\n\n\ns 11(7)\ninserted by 37/2013 s 141\n1.7.2014\ns 11\nsubstituted by 35/2018 s 124\n1.12.2018\ns 11(1)\namended by 44/2019 s 140(1)\n3.12.2020\ns 11(5)\namended by 44/2019 s 140(2)\n3.12.2020\ns 13\n\n\ns 13(1) and (2)\namended by 22/2015 s 21\n1.1.2016\n\namended by 35/2018 s 128\n1.12.2018\ns 13(3)\ninserted by 37/2013 s 142\n1.7.2014\n\namended by 22/2015 s 21\n1.1.2016\n\namended by 35/2018 ss 125, 128\n1.12.2018\n\namended by 44/2019 s 141\n3.12.2020\ns 14\namended by 35/2018 s 128\n1.12.2018\ns 15\nsubstituted by 37/2013 s 143\n1.7.2014\n\namended by 35/2018 s 126\n1.12.2018\n\namended by 44/2019 s 142\n3.12.2020\ns 16\n\n\ns 16(1), (3) and (4)\namended by 35/2018 s 128\n1.12.2018\ns 16(7)—(9)\namended by 35/2018 s 128\n1.12.2018\ns 17\namended by 35/2018 s 128\n1.12.2018\ns 18 before substitution by 35/2018\n\n\ns 18(2)\namended by 22/2015 s 22\n1.1.2016\ns 18\nsubstituted by 35/2018 s 127\n1.12.2018\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n1.6.2007\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Budget Measures) Act 2018, Pt 13\n129—Transitional provisions\n\t(1)\tAn order made by the Independent Gambling Authority and in force under the Problem Gambling Family Protection Orders Act 2004 immediately before the commencement of this Part continues in force as if it had been made under that Act as in force after the commencement of this Part.\n\t(2)\tIf any proceedings have been commenced but not finally determined by the Independent Gambling Authority under the Problem Gambling Family Protection Orders Act 2004 before the commencement of this Part, the proceedings may be continued and completed by the Commissioner as if it they had been commenced under that Act as in force after the commencement of this Part.\n\t(3)\tThe provisions of this section are subject to any regulations made under section 18(2)(c) of the Problem Gambling Family Protection Orders Act 2004 (as in force after the commencement of section 127).\nHistorical versions\n1.6.2007\n\n9.12.2011\n\n1.7.2014\n\n1.1.2016\n\n1.12.2018\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. The page returned a website error rather than the content of the Act."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Problem Gambling Family Protection Orders Act 2004 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure on 24 March 2026.\n\n### What we can infer from the title:\n- This is a **South Australian law** from 2004\n- It appears to deal with **court orders** (\"Protection Orders\") designed to protect **families** from the financial and personal harm caused by problem gambling\n- Laws with this structure typically allow family members to apply to a court to restrict a problem gambler's access to money or gambling venues, in order to protect household finances and family wellbeing\n\n### What to do:\nTo read the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for **'Problem Gambling Family Protection Orders Act 2004'** using the site's search function."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since enactment the Act’s scope has been expanded and integrated into the broader gambling regulation regime. Key, concrete changes include: (a) replacement/integration of the earlier decision‑maker (Independent Gambling Authority) with the Commissioner and linking the Act to the Gambling Administration Act 2019 (amendments recorded 2018–2019), (b) insertion and expansion of attachment and enforcement mechanisms that bind third parties (banks, employers) and expose them to liability (s 6), (c) added or clarified interplay with barring registers and removal powers under the Gambling Administration Act so that PGFPOs feed into the regulator’s barring regime (s 13, s 15), and (d) broadened procedural and complainant categories and administrative powers (various amendments listed in the legislative history). These changes preserve the original protective purpose but materially extend enforcement tools, administrative discretion and regulatory reach beyond a narrow protective order scheme."},"complexity_factors":["Multiple defined terms in s 3 (e.g. close personal relationship, Commissioner, domestic partner, family member, respondent) that affect who is protected and who may complain","Cross‑references to multiple external Acts and instruments (Gambling Administration Act 2019, Intervention Orders (Prevention of Abuse) Act 2009, Guardianship and Administration Act 1993, ADI account rules) create dependency on external definitions and procedures","Attachment orders with ex parte (without‑notice) power followed by mandatory adjournment and reconfirmation (s 6(2)) — procedural conditionality increases complexity","Discretionary standards for making orders (\"reasonable apprehension\", \"appropriate in the circumstances\") with factual tests involving repeated conduct or a particularly irresponsible episode (s 4(1)–(3))","Commissioner’s non‑court procedural powers: not bound by rules of evidence, balance of probabilities standard, power to refer questions of law to the Court (s 11) — hybrid administrative/civil process","Interaction and priority rules with intervention orders and Court review, including stay powers and timing rules for review (s 4(8), s 16) — nested procedural pathways","Enforcement pathway via registration in the Magistrates Court and extension of powers from the Gambling Administration Act (ss 14–15) — two enforcement tracks","Amendment history and integration into the gambling regulatory framework (multiple amending Acts across 2009–2019) — places interpretive burden on practitioners to reconcile versions"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates a statutory process by which a regulator (the Commissioner) can make a \"problem gambling family protection order\" (PGFPO) against a person (the respondent) where there is a reasonable apprehension they may cause \"serious harm\" to family members because of problem gambling (s 4).\n\n- Who can start it: a complaint may be lodged with the Commissioner by a family member, certain officers of the Department, the Public Advocate, or anyone who can show a \"proper interest\" (s 7). Special rules allow complaints or applications for or on behalf of children (s 8).\n\n- What orders can do: a PGFPO can impose any requirements necessary to prevent the harmful gambling behaviour and can protect all or specific family members (s 5(1)). Examples (non‑exhaustive) include:\n  - requiring counselling or rehabilitation (s 5(2)(a));\n  - barring the respondent from gambling or from particular premises or localities (s 5(2)(b)–(d));\n  - closing gambling accounts and returning or preserving family property or money (s 5(2)(e), (j));\n  - prohibiting contacting, harassing or demanding money from family members (s 5(2)(f));\n  - requiring arrangements for payment or access to money owed to family members (s 5(2)(k)).\n\n- Attachment orders (money held by third parties): a PGFPO may include an attachment order directing a third party (for example, an employer or a bank) to pay money owing to, or held for, the respondent to beneficiaries (family members) or apply it for their benefit (s 6). If made without notice, the order temporarily restrains the third party from dealing with the money until the respondent and that third party are heard; the Commissioner must then reconvene the hearing and confirm, vary or revoke the attachment order (s 6(2)). A third party who fails to comply becomes personally liable to pay the unpaid amount (s 6(4)). Employers who penalise employees because an order was made against the employee commit an offence (s 6(5)).\n\n- Procedure and evidence: the Commissioner conducts proceedings, may not be strictly bound by rules of evidence, decides facts on the balance of probabilities, and may refer questions of law to the Magistrates Court (\"the Court\") (s 11). The Commissioner can make an order in the respondent's absence in prescribed circumstances (s 9).\n\n- Service, registration and enforcement: PGFPOs must be personally served on the respondent to be binding (s 12). Orders made by the Commissioner can be registered in the Magistrates Court and enforced as a court order (s 14). Powers under the Gambling Administration Act (Part 6) to remove barred persons from premises apply as if the PGFPO were an order under that Part (s 15).\n\n- Interaction with other laws: if an application has been made under the Intervention Orders (Prevention of Abuse) Act 2009 against the same person, the Commissioner must adjourn and may not make a PGFPO if the Court dealing with the intervention order makes an equivalent order or decides it's inappropriate (s 4(8)). The Commissioner must also ensure any prohibitions that amount to barring are recorded in the gambling register maintained under the Gambling Administration Act (s 13(3)).\n\n- Variation, review and priority: the Commissioner may vary or revoke orders on application by beneficiaries or the respondent (but respondent applications require permission and must show substantial change) (s 10). The Magistrates Court can review decisions of the Commissioner on application, with specified time limits and powers on review (s 16). Proceedings are to be dealt with as a priority where practicable (s 17).\n\n- Regulations and delegation: the Governor may make regulations to support the Act, including delegating matters to the Minister, Commissioner or others (s 18).\n\n**Who is affected**\n\n- Primary regulated persons: respondents (people whose gambling puts family members at risk) — the orders directly limit their finances, movement, access to property and ability to gamble (s 4, s 5).\n- Protected persons: family members as defined (spouse, domestic partner, children in care or who live with respondent) (s 3).\n- Third parties: employers, banks and other third parties who hold or pay the respondent's money may be required to comply with attachment orders and can become personally liable for non‑compliance (s 6).\n- Gambling operators and premises: may be required to enforce barring orders and will be notified of orders naming premises (s 13).\n- The Commissioner and the Magistrates Court: decision‑makers with powers to make, vary, register and enforce orders (ss 4, 10, 14, 16).\n\n**Why it matters (stated purpose, then practical effects and trade‑offs)**\n\n- The Act’s stated purpose is to allow protective orders for family members at risk because of problem gambling. That is the explicit policy claim in the long title and s 4.\n\n- Practical effects and trade‑offs:\n  - It gives an administrative regulator (the Commissioner) statutory power to impose behavioural and financial restraints on respondents without first going to court (ss 4, 5, 11). That lowers procedural barriers for family members seeking protection but increases administrative discretion.\n  - It creates binding obligations on third parties (banks, employers, payers) via attachment orders and exposes them to legal liability or criminal penalty if they do not comply (s 6). This shifts compliance costs and operational risk onto private businesses and employers, who may need new procedures to respond to orders.\n  - It permits barring persons from gambling premises and requires information about such prohibitions to be included in a gambling register (ss 13, 15). Gambling operators therefore face compliance and possibly enforcement costs (checking registers, refusing service, assisting removals).\n  - The Act permits ex parte attachment orders (without notice) followed by a mandatory hearing. That mechanism aims for quick protection but risks temporary restrictions on respondents and third parties before full adversarial testing (s 6(2)).\n  - The Commissioner is not bound by strict rules of evidence and decides on the balance of probabilities (s 11). That enables a faster, less formal process but increases the scope for variable decision‑making and reliance on non‑court fact‑finding.\n  - Remedies are available by Court review and by registration of orders in the Magistrates Court for enforcement (ss 14, 16); however, litigation and enforcement impose time and resource costs on courts and parties.\n\n**Who pays, who decides, and how behaviour changes (plainly)**\n\n- Who decides: the Commissioner holds primary decision‑making authority to make, vary and revoke PGFPOs (s 4, s 10); the Magistrates Court can review Commissioner decisions and enforce orders (s 16, s 14).\n- Who pays / bears costs: respondents may lose access to money and be required to fund counselling or repay family members (s 5, s 6). Third parties (banks, employers) bear administrative and compliance costs and risk legal liability if they do not comply with attachment orders (s 6(3)–(4), (5)). Gambling venues bear compliance costs to enforce barring and remove barred persons (ss 13, 15).\n- Behaviour change induced: respondents face legal limits on gambling, movement and access to assets; third parties must implement procedures to respond to orders; gambling operators must enforce barring and monitor registers; some family members will use the administrative pathway to seek rapid protection rather than only court‑based remedies.\n\n**Implementation and compliance risks**\n\n- Discretion and evidence standards give the Commissioner broad latitude to act quickly but create potential for inconsistent decisions across cases (s 11).\n- Attachment orders without prior notice can immediately affect third parties and respondents, with only a later hearing to test the order (s 6(2)).\n- Enforcing orders against funds (including ADI accounts) and requiring third parties to withhold or transfer funds creates operational burdens for banks and employers and may lead to contested litigation (s 6).\n- There is a statutory safeguard requiring adjournment where Intervention Orders proceedings are before a court; but overlap with other protective regimes creates procedural complexity and potential delays (s 4(8)).\n\n**Note on scope of policy claim vs mechanisms**\n\n- The official rationale is protecting family members from serious harm caused by problem gambling. Mechanically, that protection is delivered by administrative remedial powers (financial attachment, barring, counselling orders, return of property) enforced either administratively or by registration in court. The measure shifts some enforcement and compliance costs to private actors (banks, employers, gambling operators) and relies on administrative discretion to deliver time‑sensitive protection.\n\n(References to sections are to the Problem Gambling Family Protection Orders Act 2004: see ss 3–18.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2004 Act appears to have been a standalone scheme focused specifically on problem gambling and family protection. However, the legislative history shows significant 'regulatory creep' through amendments: (1) 2006 amendments expanded relationship definitions to include domestic partners/de facto couples; (2) 2009 amendments created complex interactions with the domestic violence intervention order system; (3) 2013-2019 amendments integrated the scheme with the Gambling Administration Act 2019, transferring powers from the Independent Gambling Authority to the Commissioner and linking to venue barring registers; (4) 2018 amendments substantially rewrote procedural provisions. The Act has evolved from a simple protective order scheme into a complex hybrid administrative-civil mechanism that intersects with gambling regulation, family law, domestic violence law, and banking/employment law."},"complexity_factors":["Moderate cross-referencing: Heavy reliance on the Gambling Administration Act 2019 for definitions (Commissioner) and powers (Part 6 barring orders, removal powers)","Conditional procedural rules: Section 9 contains nested conditions for making orders in the respondent's absence, with specific time limits (7 days) and service requirements","Dual enforcement mechanisms: Orders can be enforced both as administrative decisions and through court registration (section 14), creating parallel pathways","Interaction with other schemes: Complex priority rules with Intervention Orders (Prevention of Abuse) Act 2009 (section 4(8)) and integration with gambling venue barring registers (section 13(3))","Attachment order mechanics: Section 6 creates a multi-stage process for freezing/redirecting funds with ex parte (without notice) provisions, subsequent hearings, and third-party liability","Multiple applicant categories: 4 categories of complainants (section 7) plus 5 categories for child representatives (section 8), each with different standing requirements","Defined terms: 11 defined terms in section 3, including complex relational definitions (close personal relationship, family member) that exclude certain relationships","Review and appeal structure: Section 16 creates a two-tier review with time limits, stay provisions, and discretionary cost rules"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special legal tool called a **\"problem gambling family protection order\"** — essentially a court-like order designed to protect families from serious harm caused by someone's gambling addiction.\n\n**Who it affects:**\n\n- **Respondents**: People whose gambling is causing serious harm to their family\n- **Family members**: Spouses, domestic partners (de facto couples), children, and former partners who live with or are cared for by the respondent\n- **Third parties**: Banks, employers, or gambling venues who might be ordered to take specific actions\n\n**How it works:**\n\nA **Commissioner** (an official appointed under gambling laws) can make orders after receiving a **complaint** from:\n- A family member affected by the gambling\n- A government officer\n- The Public Advocate (who protects vulnerable people)\n- Anyone else with a \"proper interest\"\n\n**What orders can do:**\n\nThe Commissioner has broad powers to order the gambler to:\n- **Stop gambling entirely** or stay away from gambling venues\n- **Attend counselling or rehabilitation** programs\n- **Close gambling accounts**\n- **Hand over money or property** needed by family members\n- **Stop harassing family members** for gambling money\n- **Stay away from specific places** or people\n\n**Special money powers (\"attachment orders\"):**\n\nThe Commissioner can order banks or employers to redirect the gambler's money directly to their family — even without telling the gambler first in urgent cases. However, the gambler and the bank/employer get a chance to object at a later hearing.\n\n**Key protections:**\n\n- Orders must be **served personally** (handed directly to the person) to take effect\n- The **Magistrates Court** can review Commissioner's decisions\n- Proceedings get **priority** over other court matters\n- **Children** (14+) can apply themselves, or others can apply for them\n- If someone is already subject to an **intervention order** (domestic violence order), this Act steps back — those proceedings take priority\n\n**Why it matters:**\n\nThis is a **preventive** law. It doesn't wait for crimes to happen. If there's a **\"reasonable apprehension\"** (genuine fear based on evidence) that gambling will cause serious harm, the Commissioner can act. This recognises that gambling addiction often strips families of homes, savings, and safety before any criminal offence occurs.\n\nThe law also bridges gaps between family law, gambling regulation, and domestic violence systems — acknowledging that problem gambling frequently overlaps with financial abuse and family breakdown."}},"importantCases":[],"_links":{"self":"/api/acts/problem-gambling-family-protection-orders-act-2004","history":"/api/acts/problem-gambling-family-protection-orders-act-2004/history","analysis":"/api/acts/problem-gambling-family-protection-orders-act-2004/analysis","conflicts":"/api/acts/problem-gambling-family-protection-orders-act-2004/conflicts","importantCases":"/api/acts/problem-gambling-family-protection-orders-act-2004/important-cases","documents":"/api/acts/problem-gambling-family-protection-orders-act-2004/documents"}}