19 Paragraph 26, Applicant's submissions 16 December 2024

The Applicant submits that the interpretation of sections 41 and 41A must be by reference to their purpose; that the Director must be guided by the objects of the legislation set out in s 2A GMA, particularly s 2A(d) "to reduce any adverse social impact of gaming" and s 2A(e) "to promote a balanced contribution by the gaming industry to general community benefit and amenity"

1. The Applicant strongly advocated that, in the evaluation of the relevant considerations, the Tribunal must identify the specific cohort of the community that uses the venues, referring to Aboriginal people, including people from remote communities who travel to Alice Springs.
2. The Applicant submits that the Tribunal now has before it expert evidence about the social harm that will be suffered by the cohort who attend the venues, and those who interact with them, in terms of the flow on effects of domestic violence, crime, economic impact, and the ability to 'put food on the table' 21.
3. The Applicant urges the Tribunal to take into account the significance of the adverse impact on this part of the community which, it is submitted, easily outweighs the benefits to the community of each proposal 22.
4. The Applicant contends that the correct or preferable decision is to refuse the applications because the adverse impact on the relevant part of the community is significant 23.

1. The Second Respondent submits that the correct or preferable decision is for the Tribunal to confirm both of the Director's decisions. It is submitted by the Second Respondent that the decisions were correct on the evidence available at the time they were made and that, since that time, Iris has successfully installed the additional gaming machines at both premises.
2. The Second Respondent submits that the venues are appropriate physical premises in appropriate locations; that they bring significant beneficial economic impacts; the evidence is that the patrons are typical of NT gaming venues; and that the harmful impacts of the EGMs are well below the average for an EGM in the Northern Territory.
3. It is submitted by the Second Respondent that the additional machines are being used in a normal fashion, confirming the suitability of both premises for

22 Paragraphs 110 - 113, Applicant's submissions 16 December 2024

23 Outline of Applicant's closing submissions, 26 February 2025

the additional machines 24. There is sufficient demand for them and they are not being used in an abnormal or heightened manner 25.

1. Since 2008, the government has had the power under the GMA to provide caps on the number of EGMs. Accordingly, the number of EGMs is a policy issue for government and "not a matter for this Tribunal to attempt to determine and implement in determining an application for additional gaming machines" 26.
2. The moratorium was lifted to expressly allow for the Todd Tavern and Gap View Hotel applications to proceed and be determined - i.e. that the legislative assumption is that Iris' applications can be approved if the relevant considerations indicate they are suitable 27.
3. In considering the relevant considerations in s 41(4) of the GMA, the question is whether the venue is suitable for the additional machines 28.

1. The Second Respondent submits that the GMA object at 2A(d) 29:

1. does not imply that applications for additional gaming machines should be rejected if the additional machines may bring an adverse social impact 30;
2. is not about precluding or eliminating any adverse social impacts of gaming (by, for example, rejecting applications for additional machines); rather, the object is to reduce any adverse social impact of gaming 31.

1. The Second Respondent disputes that the Tribunal should "balance the competing benefits against the adverse impacts of a proposal" 32. The Second Respondent submits that the proper approach is for the Tribunal to (i) weigh the relevant considerations stipulated by s 41 of the GMA and (ii) avoid weighing any adverse impact or impacts of additional EGM's against any benefit or benefits as this would stray into an area of policy.

24 Paragraph 2, Second Respondent's submissions 29 January 2025

25 Paragraph 61, Second Respondent's submissions 29 January 2025

26 Paragraph 12, Second Respondent's submissions 29 January 2025

27 Paragraph 14, Second Respondent's submissions 29 January 2025, Exhibit R10.

29 Section 2A(2) GMA, "to reduce any adverse social impact of gaming"

30 Paragraph 7, Second Respondent's submissions 29 January 2025

31 Paragraph 8, Second Respondent's submissions 29 January 2025

In relation to the Applicant's submission that this proposal disproportionately affects Aboriginal people, the Second Respondent submitted 33:

1. An argument that a gaming license should be refused if the patrons are predominantly Indigenous, based on higher rates of problem gambling among Aboriginal people, is flawed.
2. The argument wrongly assumes that because Indigenous people statistically face more disadvantage and are more vulnerable to problem gambling, any specific Aboriginal person in a gaming room is more at risk than any non-Indigenous person there. This ignores the fact that all patrons in a gaming room, regardless of race, likely have a predisposition to gambling.

1. The Second Respondent contends that if the legislature intended the Director to reject applications for additional machines on the basis that they may be predominantly used by Aboriginal people, there would have been some indication of this in the legislation or extrinsic materials. Further, if the Government considered there should not be any more gaming machines in Alice Springs because of Aboriginal patronage or other reasons, it would impose some form of ban or cap on further gaming machines in Alice Springs by regulation 34.

Why a CIA is required and what the CIA must cover

1. The Gaming and Liquor Legislation Amendment Act 2015 amended the GMA to effectively lift the previously imposed cap on authorisations of gaming machines in licensed bars and clubs in the Northern Territory 35.
2. At the time of this amendment, "the Minister for Racing, Gaming and Licensing noted that the arbitrary Territory-wide cap was abolished in favour of a rigorous community impact assessment process for new applications and for applications seeking additional gaming machines" 36.
3. Section 41(4) of the GMA provides the mandatory considerations the Director must have regard to when determining an application for an increase in gaming machines. One of the relevant factors that must be considered where an application is for more than 5 additional machines, as with both applications in this case, is a community impact analysis 37.

34 Paragraph 79, Second Respondent's Submissions 29 January 2025

The Applicant submits that the CIAs provided to the Director in respect of the venues did not comply with the requirements for a CIA. The Applicant submits that the result is that the Director (and now the Tribunal) could not undertake the task of determining whether to grant the applications because the Director did not have CIAs as contemplated by the GMA.

1. The Applicant maintains that, because the Tribunal does not have before it a compliant CIA, it does not have a mandatory prerequisite under the GMA in order to determine the applications for an increase in the number of gaming machines 38. It is submitted that neither of the CIAs contain the independent analysis that is required.
2. The difficulty with this submission is that, if the CIAs were lacking, the Applicant has now adduced substantial additional evidence for the Tribunal's consideration. The Applicant properly submits that that Tribunal must base its decision on all available evidence, not just the CIAs presented to the Director

1. The Second Respondent submitted that, in the circumstances of this case, where there has been a large amount of further material admitted for the hearing and three days of hearing with formal questioning, the fact that there might be some deficiency in the CIAs has been well overcome. There is now an abundance of relevant information 40.
2. The requirements for a CIA are in s 41A(2) of the GMA. The Applicant submits that the CIAs were non-compliant in a number of respects.

Are the CIAs in the form approved by the Director?

1. The CIAs in each case came under heavy scrutiny and criticism by the Applicant. The scrutiny and criticism were primarily based on an evaluation of the CIAs against the exhibit A1, "Guidelines for preparing a community impact analysis" (Guidelines).
2. It was submitted that the CIAs were not 'in the form approved by the Director'. The Applicant's argument is that the Guidelines constitute 'the form approved by the Director', with the result that it was a statutory requirement that the CIAs comply with the Guidelines.
3. According to the Applicant, the CIAs did not comply with the Guidelines in numerous respects and, therefore, the CIAs did not validly accompany the applications for an increase in the number of gaming machines as required by s 41A(1)(a). By way of example, the Applicant points to the consultation requirements and submits that neither CIA adequately provided for this.

39 Applicant's submissions 16 December 2024, paragraph 113

As a matter of statutory construction, s 41A itself refers (in s 41A(1)(b)) to guidelines published by the Director under s 161A. If it had been intended that CIAs must be in complete compliance with the Guidelines, this could have been specified in s 41(2).

1. We do not agree that the Guidelines constitute 'the form approved by the Director', with the result that the GMA required the CIAs to be in complete compliance with the Guidelines. The Guidelines do not purport to be a form, or describe a form as commonly understood. Based on the information provided, the Tribunal is unable to find there was a "form" as contemplated by s 41A(2)

1. It is further observed that the Guidelines use a variety of terms to guide a licensee as to what a CIA should cover. For example, it uses terms such as 'should be carried out by'; 'must be'; 'must include details of'; 'should contain information and analysis of'; 'it is expected that, at the very least, you will'; 'this should involve'; 'you must provide'; 'you must demonstrate'. The Guidelines themselves are not expressed in wholly mandatory terms.
2. The CIAs were required, nevertheless, to provide the details required by sub-paragraphs (a) - (e) of s 41A(2). In that regard, whilst the Guidelines do not constitute 'the form approved by the Director', they provide information as to what the Director considers that CIAs are generally expected to cover, and give an indication of what further information the Director might seek under s 41(6) and (7).

Did the CIAs provide the details required by s 41A(2), sub-paragraphs (a) - (e)?

1. The Applicant submits that the CIAs submitted by the Second Respondents are essentially meaningless in terms of the consultation that occurred. The CIAs are also criticised as advocacy documents drafted to support the applications rather than independent evaluations of social and economic impacts 42.

1. The Applicant submits that the CIAs should have identified the relevant community that would be impacted by the proposals, assessed the impact on the relevant community, and balanced the net benefits and detriments to inform the decision maker.
2. The Applicant's submission is that the CIAs fail to assess the impact of the proximity of the venues to sensitive community sites, particularly those serving Indigenous and vulnerable populations. Further, that they use a 200-metre radius around the venues to assess nearby sensitive sites, when many sensitive sites fall just outside that area. While the CIAs reference Aboriginal populations from remote communities and town camps, they fail to analyse

41 In contrast, there is a form ' determined by the Director' for an application for an increase in the number of gaming machines: Refer pp11-17 and 90-96 of the Hearing Book.

their significance 43. The analysis is further criticised for being superficial and not taking into account high disadvantage rates among Aboriginal residents.

1. The Applicant submits that the material before the Director when making his decisions was seriously deficient, particularly in relation to inaccurate predictions of the projected increase in revenue and gambling losses, the misleading use of demographic data, and the failure to present an accurate picture of community sentiment 44.
2. The Second Respondents submit that the CIAs are not deficient, that they are comprehensive and lengthy professional reports that address the details required by s 41A(2) 45.

Conclusion as to whether the Tribunal is able to undertake the statutory task

1. The Tribunal has read and evaluated the CIAs in each case. Whilst the Tribunal can understand the criticism made by the Applicant about the CIAs being advocacy documents more than independent evaluations, we consider that the CIAs provided considerable information to assist the Director to assess the applications. We do not consider this to be a case in which the applications cannot be determined because CIAs, complying with the GMA, are not available.
2. While the Guidelines refer to consultation as a necessary part of developing a CIA, this is not a requirement of the GMA itself. The GMA provides in s 41B that licensees must publish specified information, including details of where community impact information may be obtained 46. There is then the ability for any person to make a written submission to the Director on the application within 30 days 47. Any submissions received then become mandatory considerations to be taken into account by the Director in determining the application 48.
3. While early consultation is undoubtedly a good idea, there is a structured opportunity for feedback on an application built into the statutory scheme. It is also noted that the Second Respondent provided a written response to the public submissions that were received 49.
4. If the Director thought that the CIAs were deficient, the remedy lies in s41(6) and/or (7) of the GMA. Section 41(6) permits the Director to require the

44 Applicant's submissions 16 December 2024, paragraphs 110 - 113.

licensee to submit such additional information or material as the Director considers is necessary in order to make a determination. Another feature of the statutory scheme is that if the Director considers the application should not be granted in full, s 41(7) requires the Director to defer making a decision and to invite the applicant to submit such additional information or material as the applicant thinks fit.

1. When an application is being made to increase the number of EGMs, the applicant will already have an EGM licence and be subject to regulation under the GMA. The Licensing NT website indicates that a CIA is required for new licence applications 50. A CIA is also required on a transfer of a licence 51 and on substitution of premises/change to gaming machine areas 52, albeit with varying requirements.
2. The way in which the CIAs address the matters in s 41A(2) is discussed further below at [83] - [118]. It is noted that, in each case, the CIA is one of a number of factors to which the Director (and now the Tribunal) must have regard.

1. The 'relevant considerations' outlined in s 41(4)(a) - (f), to which the Tribunal must have regard are:

(a) the increased number of gaming machines that the applicant seeks to have authorised for use under the gaming machine licence: s 41(4)(a);

(b) the CIA accompanying the application (s 41(4)(b)) which provides details of:

(i) the suitability of the premises to which the application relates having regard to the size, layout and facilities of the premises: s 41A(2)(a);

(ii) the suitability of the premises to which the application relates having regard to the primary activity conducted at the premises: s 41A(2)(b);

(iii) the suitability of the location to which the application relates having regard to the population of the local area, the proximity of the premises to other gaming venues and the proximity of the premises to sensitive areas such as schools, shopping centres, other community congregation facilities, welfare agencies, banks and pawn brokers: s 41A(2)(c);

50 Pursuant to s 24(3)(n): Prepare a community impact analysis | NT.GOV.AU

the appropriateness of problem gambling risk management responsible gambling strategies: s 41A(2)(d);

(v) economic impact of the proposal including contribution to the community, employment creation and significance or reliance of the venue to or on tourism: s 41A(2)(e);

(ba) submissions received under s41B: s 41(4)(ba);

(c) the gross monthly profit of existing gaming machines operated on the premises: s 41(4)(c);

(d) the hours and days when the premises are open for the sale of liquor: s 41(4)(d);

(e) the size, layout and facilities of the premises together with any proposed modification or relocation of the gaming machine areas of the premises (noting that this overlaps with some of the details required to be included in a CIA): s 41(4)(e); and

(f) such other matters as the Director (and now Tribunal) considers are relevant.

1. The task of the Director is to determine whether to grant the application and, if granted, to specify the increased number of gaming machines authorised for use under the licence, having regard to the factors set out in s 41(4).
2. We agree with the submission made on behalf of the Director, that the Tribunal is to weigh the relevant considerations as one evaluative assessment, rather than to undertake a 'tick the box' exercise against each individual consideration 53.

Summary of the parties' submissions in relation to the s41(4) considerations

S41(4)(a) - the increased number of gaming machines that the applicant seeks

1. In the case of each of the Gap View and the Todd Tavern, the application was to increase the number of EGMs from the existing 10 to a total of 20 EGMs.
2. The Applicant argued that a doubling of the EGMs at each venue could have a significant impact on the community 54. In the Applicant's submission, the fact that s41A(1)(a) requires a community impact analysis for an increase of 5 or more machines is an acknowledgement that a mere 5 additional machines can harm the community.

53 Transcript 187-188, referring to SGRD Pty Ltd v Northern Territory Liquor Commission & Anor [2022] NTCAT 5

The Second Respondent argued that it was entitled to apply for 10 more at each venue and that it was within the amount allowed by the legislation 55.

1. The GMA requires CIAs to be provided in these circumstances, and requires the CIAs to contain specified details. This is a statutory indication that the matters to be included in a CIA are themselves relevant considerations to be taken into account by the decision-maker, whether under s 41(4)(b) or s 41(4)(f).

CIA details: S41A(2)(a) and S 41A(2)(b) - suitability having regard to the size, layout and facilities and primary activity

1. The Applicant concedes, and we agree, that per s 41A(2)(a) (suitability having regard to the size, layout and facilities) and s 41A(2)(b) (suitability have regard to the primary activity conducted at the premises), both premises are suitable.

CIA details: S41A(2)(c) - suitability of the location having regard to the population of the local area, proximity to other gaming venues & proximity to sensitive areas

1. The Applicant's submission is that the location of the venues is not suitable for an increase in the number of gaming machines.

1. The Applicant's contention is that the "cohort" of the community that uses EGMs at the venues is primarily, but not exclusively, Indigenous 56. It is submitted that the additional EGMs will cause adverse social impacts because Aboriginal people disproportionately use them and are primarily a disadvantaged cohort of the community and over-represented as problem gamblers and in other statistics. The Applicant submits that the CIAs and the Director's decisions did not take that into account.
2. The Applicant argues that, when identifying the population of the local area, the CIAs defaulted to the Alice Springs Local Government Area (LGA), without analysis. It is submitted that that approach excludes significant cohorts - particularly Aboriginal people who travel from remote communities to Alice Springs - thereby distorting the impact assessment. The Applicant submits that 'the local area' may need to be broader or narrower than an LGA and must be selected transparently and with reasons.
3. The Applicant submits 57:

1. Evidence from Associate Professor Livingstone and others indicates that the gaming rooms are predominantly patronised by Aboriginal people.

55 Paragraph 23, Second Respondent's Submissions 29 January 2025

Empirical studies show Aboriginal gamblers have a markedly hi incidence of problem gambling. Each problem gambler harms estimated six additional persons.

1. By relying on broad LGA averages - suggesting higher income, education and only 17% Indigenous population - the CIAs wrongly classify the catchment as "lower-risk" and ignore the venues' actual clientele. Demographic data should be treated with care and, whereas the CIA "suggests the Alice Springs population can be characterised as economically or socially well-off, the data for the Aboriginal population shows severe disadvantage" 58.

1. The CIAs acknowledge elevated Indigenous risk but undertake no substantive assessment of its significance.

1. They omit or discount evidence linking EGM density to crime and social dysfunction, despite Alice Springs' above-average domestic violence and crime rates.

1. The Applicant contended at paragraphs 53 - 55, 74 of the Applicant's

1. "In the last 12 months, approximately $ has been spent at the Gap View Hotel and $ at the Todd Tavern, or a total of $ on EGMs."
2. "A portion of those consumers will be able to gamble in a controlled manner without significant adverse impact, however for those who suffer adverse consequences, the impact is substantial."
3. "Studies referred to by Livingstone indicate as much as half of that $ could come from problem gamblers. Although the number of problem gamblers as a percentage of the entire population is low, they contribute a disproportionate percentage of gambling revenue."
4. "The significance of the proportion of Aboriginal people using the EGMs is not that all Aboriginal people are problem gamblers, but as a population they are statistically more likely to suffer harms and also more likely to come from a disadvantaged cohort, which makes these venues unsuitable for additional EGMs".

1. In reply submissions, the Applicant denied that it was its case that the fact that patrons may be predominantly Indigenous is a basis to refuse the applications

59. The Applicant submitted that the proper process is to assess the impact on

the part of the community which uses and is affected by the machines at each of the venues, and if they are predominantly Indigenous people, then that is a factor to be taken into account in assessing the impact on that cohort.

58 Paragraphs 65-66, Applicant's submissions 16 December 2024

The Applicant put it another way: "who is the three million dollars per between the two venues, coming from?", and denies it is a racial question

1. The Second Respondents submit that the Applicant failed to provide any evidence on the racial or socioeconomic makeup of patrons in other Territory gaming rooms. In contrast, the Second Respondents submit that the unchallenged evidence from Mr. Jervis indicates that many gaming rooms in the Northern Territory have similar or even higher proportions of Indigenous patrons than the Todd Tavern 61:
   1. In relation to the Todd Tavern, patrons are predominantly Aboriginal during the day on weekdays and by closing time, predominantly the patrons in the Todd Tavern are non-Indigenous, and it also changes on the weekend.
   2. "Mr Jervis's evidence was that the patrons of the Todd Tavern gaming room are typical of street corner pubs in the Territory. He said that the proportion of Indigenous patrons at some other gaming rooms in the Territory is actually higher than Todd Tavern ...".
   3. The Applicant relies on observations of Aboriginal people in adjacent bar areas to infer gaming room demographics, but Mr Jervis's unchallenged evidence indicates that drinkers in bars are usually not the same people who use the gaming machines.
   4. The Gap View Hotel has a lower proportion of Indigenous patrons than the Todd Tavern.
2. The Second Respondents submit that there is nothing unusual about the gamblers in the venues that makes them unusually susceptible to harm compared with other gaming room patrons in the Territory generally 62. The Second Respondent submits that additional machines at Todd Tavern and Gap View do not change accessibility to EGMs in the area because the venues already had EGMs, and they do not have any meaningful or significant harmful impact. It is submitted that any harmful impact is below the average harm caused by a Northern Territory gaming machine and, for the Todd Tavern, the harms are significantly below the average.

1. The submissions that were made about proximity to other gaming venues centred on the density of EGMs in Alice Springs.
2. In relation to the Todd Tavern, the Applicant submits that, at page 51 of the CIA, the density of EGMs in Alice Springs in 2021 is said to be 115 per 10,000

adults. This was based on 353 EGMs and an adult population of 30,630. Throughout the majority of the CIA, it used the Alice Springs LGA (population 18,945), as the relevant 'local area', not the Alice Springs region. However, when calculating density, without explanation, the authors of the CIA instead used the adult population of the 'Alice Springs Region' (population 30,630), resulting in a much lower density calculation 63.

1. The Applicant submits that 64 Mr Jervis agreed in cross-examination that the correct number of gaming machines within the Alice Springs LGA is now 550. If that number of gaming machines is applied to an adult population of 18,945, and the percentage of Aboriginal people in that area is 17.1 percent, then that would give a density of 1,698 gaming machines per 10,000 adult indigenous population.
2. In reply, Mr McBeth submitted 65:
   1. Assoc. Prof. Livingstone's report says that, absent broader policy reforms, the best way to reduce harm is to freeze or cut machine numbers; allowing more will "lead to significant additional harm."
   2. Assoc. Prof. Livingstone's evidence was that the Alice Springs density is high by any standards, which is correct. He did not say that Alice Springs density is the highest anywhere.
3. The Second Respondent submits that the GMA does not explicitly mention density of gaming venues as a required consideration. While it may be relevant and can be taken into account, it is "not one of the express factors" required by the legislation.
4. The Second Respondent submits that the Applicant inconsistently argues that density should be calculated using only the smaller Alice Springs LGA population, rather than the broader regional population, even though elsewhere it insists the broader region must be considered due to widespread gaming impacts 66.
5. The Second Respondent submits that density rates in Darwin and Alice Springs are essentially the same, and that Assoc. Prof. Livingstone agreed that the NT's density remains below that of NSW and Queensland 67.
6. The Second Respondent submitted that, even if Casino EGMs are accounted for, the number of EGMs per person in Alice Springs is not extremely high by any standards, as Professor Livingstone suggested 68. It submitted that Alice

63 Paragraphs 86-87 Applicant's submissions 16 December 2024

66 Paragraphs 83, 84, Second Respondent's Submissions 29 January 2025

67 Paragraphs 85, 86 Second Respondent's Submissions 29 January 2025

Springs has a remarkably low density of gaming venues, with only four EGM venues (two pubs and two clubs), despite a population of around 25,000. This is notably fewer than in many smaller towns in New South Wales and even Tennant Creek, which has a much smaller population but an equal number of EGM venues.

1. The Second Respondent submitted that Assoc. Prof. Livingstone ultimately conceded that the removal of the additional gaming machines at the Todd Tavern and the Gap View Hotel would not have any meaningful impact in reducing harm from problem gambling. It was further submitted that the additional EGMs do not affect accessibility to gaming machines in Alice Springs in any meaningful way. Further, that the necessary corollary is that the approval of the additional gaming machines did not comprise any meaningful or significant harmful impact.

1. The Applicant's submission is that the locations of the venues are not suitable for an increase in the number of gaming machines, given their proximity to sensitive areas "such as schools, shopping centres, other community congregation facilities, welfare agencies, banks and pawn brokers".
2. The Applicant submits that the sensitive areas listed in the GMA have been included because people who are considered particularly vulnerable to the detriment of gaming machines frequent those places. While the GMA does not prohibit the installation of additional gaming machines in proximity to any of the areas listed, a detailed assessment of the impact is required where there is one of these sensitive areas in the vicinity 69.
3. The Applicant submits that the correct approach is to measure the impact that arises from the fact that an EGM venue is in close proximity to a sensitive site.
4. Professor Livingstone identified over 20 sensitive sites near the Todd Tavern, including seven town camps and multiple Indigenous-focused services 70. His evidence was that a venue's mere proximity to a sensitive area may attract a vulnerable person to the venue.
5. In respect of the Todd Tavern, the Applicant's witnesses drew attention to the close proximity of Anglicare (less than 100m 71). Lutheran Care, a not-for profit community service organisation, whose services include providing financial well-being services, emergency relief, financial counselling and community education, is located 'around the corner' from the Todd Tavern 72. Further sensitive sites that were identified were Congress Social and Emotional Wellbeing service (approx. 350m / less than a five minutes' walking time),

70 Hearing Book page 1,235, paragraph 79; Transcript pages 19-22; 145

71 Unattested Declaration of Craig Kelly dated 11 December 2023

72 Unattested Declaration of [name suppressed] dated 13 December 2024

Congress Family Partnership Program (approx. 300m / four minutes' walking time), Congress Youth Outreach service, Congress Family Support Service and Congress Back on Track program (youth diversion) (approx. 550m / 8 minutes' walking time), Headspace (approx. 600m / 8 minutes' walking time), and the Nurse Family Partnership Program at the Jock Nelson Centre73.

1. In respect of the Gap View, the Applicant's witnesses drew attention to its close proximity to the Gap Youth and Community Centre Aboriginal Corporation and Pigglys Supermarket, town camps and Anglicare NT's supported housing in Bloomfield Street 74. Further sensitive sites that were identified were Congress Gap Road Clinic and Congress Childcare (approx. 1.4km / 20 minutes' walking time) and Congress Ingkintja male health clinic (approx. 1.5km / 20 minutes' walking time).
2. The Second Respondent submitted75 that there are no problematic sensitive sites within close proximity of either of the venues, and that they appear to be some of the very few venues in the Northern Territory that are not part of, or immediately next to, a sensitive area. The Second Respondent drew attention to the Gillen Club, for example, which has schools 'across the road'.
3. The Second Respondent also gave several examples of the location of certain clubs and taverns in Darwin relative to sensitive sites and submitted that the Applicant's approach to sensitive areas is unrealistic.

CIA details: S41A(2)(d) - appropriateness of problem gambling risk management and strategies

1. The Applicant accepts that the Second Respondent's gambling risk management and responsible gambling strategies are in line with other venues, although their effectiveness is questioned 76. In his report Assoc. Prof. Livingstone considered that, while the Second Respondent met the minimum standards of the "Responsible Service of Gambling", its policies and practices do not represent best practice 77.
2. Craig Jervis' evidence was that in the last 12 months one problem gambler had been identified at the Todd Tavern, and none had been identified at the Gap View Hotel 78.

73 Unattested Declaration of Dr John Boffa dated 11 December 2023; Transcript page 73

74 Unattested Declaration of Jennifer Standish-White dated 8 December 2023

76 Paragraph 95-96, Applicant's submissions 16 December 2024

The Applicant submits that, while upgrades to the venues, including the gaming rooms, may provide a more appealing environment and attract more patrons, more appealing venues are also more appealing to problem gamblers

1. The Applicant further submits that profits of a for-profit business establishment cannot be considered a contribution to the community within the meaning of s 41A(2)(e) of the GMA. That the owners may wish to spend some or all of the additional profit on upgrading their own business premises, with a view to further profit, is a business decision and not a community benefit.
2. The Applicant also challenged the economic impacts that had been put forward, as not being impacts of 'the proposal' as such. It was submitted that money spent on other business activities at the venues, such as accommodation, restaurants, refurbishment of the bottleshop etc, should not be taken into account in favour of an application to increase the number of EGMs 80.
3. The Applicant submitted that employment at the venues had increased only marginally, and that the assertion that increased demand will come from tourism is not substantiated.
4. The Second Respondent submitted that, while it is hard to precisely link specific benefits or employees directly to the additional EGMs, this doesn't mean the beneficial impact should be disregarded.
5. It submits that the additional EGMs were a critical part of an overall plan, and that they have had a much larger beneficial economic impact than would normally result from the simple addition of gaming machines to a venue. The addition of the gaming machines was critical to Iris carrying out extensive improvements to improve the amenity of the venues, which is done by local contractors, therefore putting money into the Alice Springs economy 81.
6. The creation of 4.5 full-time equivalent jobs from the additional EGMs is described by Iris as a significant benefit.

S41(4)(ba) - the submissions received under s 41B

1. The Applicant emphasised that the strength of the opposition to the applications is a significant matter that needs to be given weight
2. The Applicant submitted that the Director had treated 415 of the submissions, which were based on a common template, as if they were a single submission, which had the result of understating the community opposition to the proposals

82. The Applicant referred to Everard Pty Ltd v Commissioner for Liquor and

79 Paragraphs 97 - 104, Applicant submissions 16 December 2024

80 Paragraph 99, Applicant's submissions 16 December 2024

81 Second Respondent's submissions dated 29 January 2025 at [36], [39], [40]

Gaming [2024) QCAT 359, a case which involved one petition, whereas there were more submissions.83

1. The Second Respondent submitted that it is the content and basis for the opposition to the applications that is relevant, rather than the number of submissions.
2. The Second Respondent further submitted that most of the public submissions under s 41B related to opposition to more gaming machines in Alice Springs generally, rather than to specific concerns about the Todd Tavern or Gap View Hotel. These submissions raise broad concerns about gambling harm, which are policy matters.
3. The Second Respondent sought to distinguish Everard, noting that that matter concerned an application for gaming machines in a small regional Queensland town, where none previously existed. The town's accessibility to gaming would dramatically change, from zero accessibility to having gaming machines. In contrast, this case involves the addition of gaming machines to gaming rooms that already have them, in a town where there are other venues that already have them. 84

S41(4}(c} - the gross monthly profit of existing gaming machines

1. The Applicant submits that, with the benefit of actual data following the installation of the additional EGMs, the Tribunal should find that the financial impact on the Alice Springs community, particularly its most vulnerable members, has been and will continue to be very significant 85.
2. The Applicant submits 86, in relation to the Todd Tavern, that while the CIA suggested the increase in profit would be of a limited nature (from $ to

$ a increase over a 3-year period), the actual data shows a increase in profit in a 2-year period (the average gross monthly profit from November 2022 to April 2023 was $ ; the average gross monthly profit for the 12 months to October 2024 was $ . The Applicant submits that the increased gross profit was dramatically higher than predicted in the CIA, even adjusting for the effects of COVID-19.

1. In relation to the Gap View Hotel the Applicant submits that, while the CIA suggested that average daily revenue (ADR) would increase from $ in 2021 to $ in 2022 to $ in 2023 (now with 20 instead of 10 machines) and

$ in 2024, the actual ADR for the financial year 2023/24 was $ . The ADR for the 10 months to October 2024 was $ . The Applicant submitted that the impact of the additional 10 EGMs at the Gap View Hotel has been a

85 Paragraph 49, Applicants submissions 16 December 2024

86 Paragraphs 33 - 39, Applicant's submissions 16 December 2024; Transcript page 121: gross profit is "partly about harm" and "partly about viability of the industry".

of profitability per machine machines 87.

as of the

The Applicant submits that while the CIA stated that the gross profit from EGMs at the Gap View Hotel in 2021 was $ , in the period November 2023 to October 2024 the figure was $ . In other words, following the introduction of the additional EGMs at the Gap View Hotel, customers in 2024 lost nearly the amount of money that was lost by customers in 2021

1. The Second Respondent submits that the gross monthly profit data post installation indicates that both venues are suitable for the additional machines. It submits that the data confirms that there is sufficient demand for the additional gaming machines and that they are being used in line with, but actually below, the NT average, as opposed to being used in an unusual or heightened manner 89.
2. The Second Respondent referred to Exhibit R12, which is a spreadsheet 90 calculating Average Daily Revenue per machine for each venue since installation of additional machines 91. In the Second Respondent's submission, at the Todd Tavern and since installation, the average profit per day per machine is $ , whereas the average daily profit for EGMs in pubs and clubs in the NT is $285.00. Professor Livingstone's evidence was that pubs generally earn higher amounts per EGM than clubs 92, suggesting that the ADR for an EGM in a pub in the NT could be higher than $285.00.
3. The Second Respondent submits that, by comparison, the data establishes that the Todd Tavern is a very quiet gaming room with minimal usage and profit. The ADR per EGM at the Gap View is busier at $ , although still below the NT average, indicating less harmful impacts than the average EGM in the NT.

S41(4}(d) - the hours and days the premises are open for the sale of liquor

1. This consideration was not controversial at the Hearing.
2. At paragraph 40 of the Notice of Decision Gap View, the Director states:

1. The Premises has a number of bars and holds various licence authorities including late night and takeaway authorities. The licence authorises the sale

87 Paragraphs 40-43, Applicant's submissions 16 December 2024

88 Paragraphs 44 - 46, Applicant's submissions 16 December 2024

89 Paragraphs 57, 58, Second Respondent's Submissions, 29 January 2025

90 This spreadsheet was referred to as exhibit 10 on page 171 of the Transcript. That is an error and the consecutive number of this exhibit should be R12.

of liquor from 10 am to midnight. The late night authority permits trading from

12 midnight to 2 am the following day, 7 days a week, subject to conditions contained within the liquor licence. Those trading hours are similar to those

of similar premises that have a public bar and late trading authorities.

1. At paragraph 41 of the Notice of Decision Todd Tavern, the Director states:
   1. The Premises has a number of bars with different trading hours, including a late night authority and a takeaway authority. While the trading hours vary for the different bars in the venue the licence authorises the sale of liquor from

10 am to midnight. The late night authority permits trading from 12 midnight to 4 am the following day, 2 days a week, subject to conditions contained within the liquor licence. Those trading hours are similar to those of similar premises that have a public bar and late

1. The publicly available current liquor licences for the venues indicates that there have not been significant changes to the hours and days on which the premises are open for the sale of liquor since the Director's decisions.

S41(4)(e) - the size, layout and facilities of the premises, together with any proposed modification or relocation of the gaming machine areas of the premises

1. Noting that the additional 10 gaming machines at each venue have been operational since July 2023, the evidence of Craig Jervis indicates the modifications that have been made to the gaming rooms 93.
2. As found by the Director, the Applicant concedes and we agree, that both premises are suitable for the additional EGMs having regard to their size and layout.

1. The Applicant submitted that a factor that the Tribunal can consider is the fact that the liquor licences of the venues have been suspended on the basis of a threat to public safety since the Director's decisions were made, and that there have been other instances where the venues have been warned. It is submitted that this calls into question the Second Respondent's management of the venues 94.
2. The Applicant specifically referred to Police twice suspending the Gap View liquor licence in 2023 and 2024 after threats to public safety. A similar suspension occurred at the Todd Tavern 95. Further, a January 2023 takeaway ban at the Gap View followed "hundreds of failures" to scan identification for the Banned Drinker Register in one day.

93 Unattested Declaration of Craig Jervis dated 12 July 2024 at [19] and [22] (Hearing Book p1308-9)

The Second Respondent submitted that regulatory breaches at the venues have nothing to do with gaming, and that the Applicant was conflating regulatory regimes 96. It was submitted that most of the breaches occurred in July 2022, before the Director's decision to approve 10 additional gaming machines; that contrary to the Applicant's claim, only one breach occurred after the Director's decisions.

1. In relation to alcohol-related concerns, the Second Respondent relies on evidence of Mr Jervis indicating a 'disassociation' between problem drinking and EGM use. The Second Respondent emphasises that the Applicant has found no regulatory breaches related to Iris's gaming operations in Alice Springs, including the Casino. The Applicant had only put forward a regulatory breach to do with gaming in a New South Wales venue, owned by a different Iris entity.
2. In terms of gaming, as was found by the Director 97, there are no regulatory breaches by the licensee.

1. Weighing the above matters, we have reached the conclusion that the correct and preferable decision is to confirm the Director's decisions in respect of both venues.
2. Both venues each had 10 gaming machines prior to the applications to increase the number of gaming machines by a further 10 machines for each venue.
3. In terms of the proximity of the venues to other gaming venues, the Director took into account:
   • Memo Club Alice Springs surrendered its gaming machine licence on 22 June 2017 for 42 gaming machines.
   • Alice Springs Golf Club surrendered its gaming machine licence on 5 June 2018 for 8 gaming machines.

• Alice Springs RSL Club surrendered its gaming machine licence on 30 June 2020 for 24 gaming machines.
• These surrenders resulted in a total of 74 gaming machines no longer operating in the Alice Springs region since June 2017 98.

97 Decision Notice Todd Tavern at [67]; Decision Notice Gap View at [69].

98 In the Decision Notice Gap View, paragraph 67 the Director noted "the applications for 20 new gaming machines at each of the Mercure Alice Springs Resort and Uncles Tavern were withdrawn with the cap being reduced by 40 gaming machines."

Club Eastside applied for and was granted an increase to its gaming machines at the venue from 45 to 55, in July 2022.

1. While we agree with the Second Respondent's submission that EGM 'density' is not a matter expressly required by the GMA to be taken into account, we consider it may be taken into account as a part of community impact, whether under s 41(4)(b) or s 41(4)(f). What we conclude about density is that the density of EGMs in Alice Springs is considered by Assoc. Prof Livingstone as being high, although it is not as high as Tennant Creek, or in other areas interstate 99.
2. In his evidence, Dr Boffa warned against placing EGMs where vulnerable individuals pass by on the way to health or welfare services 100. During the cross-examination of Dr Boffa, it emerged that there were plans to build a new Healthy Kids Clinic in the mall, including a new Child Mental Health Service, in close proximity to the Todd Tavern. That there are plans to build a new sensitive site close to the Todd Tavern tended to undermine Dr Boffa's evidence that the location of the Todd Tavern is problematic due to its proximity to sensitive areas.
3. We acknowledge that there is a risk that people will be drawn into both of the venues in passing. The Todd Tavern is in the centre of town and the Gap View Motel is at the southern entrance to the town. The reality, however, is that Alice Springs is a relatively small town, in which many businesses and sensitive areas are in a close proximity to each other. An important factor in this regard is that the venues already had EGMs, and while these applications sought to install additional EGMs, they did not create new accessibility in the way that a new EGM licence would.
4. The Director had the benefit of public submissions which were critical of the CIAs and provided additional information, eg from PAAC, Tangentyere Council, Congress, the Applicant in this proceeding, and others 101. A number of the Applicant's witnesses had previously made a written submission on the applications. Most of the submissions were responding to applications that, at the time, were for a total of 60 new EGMs in Alice Springs 102, including a total of 40 proposed EGMs at two venues that previously did not have EGMs.
5. The Tribunal accepts that the public submissions that were received indicate substantial community opposition to the proposals. Many of the submitters are clearly passionate about their community and about minimising or eliminating harms. Rather than treating the template submissions as a single submission, we would describe them as raising common objections. While there was substantial community opposition to the proposals, we also accept that the

101 Eg at Hearing Book pages 240-250; 310-312; 318-322; 332-337; 340-346; 415-420.

102 Eg at Hearing Book page 164, 205, 242, 287, 294, 298, 1175.

submissions largely voiced opposition to any more gaming machine in Alice Springs, rather than concerns specific to the Second Respondent or the premises.

1. As both venues serve alcohol, much of the community concern related to the venues was primarily about levels of intoxication103. Similarly, the regulatory breaches referred to related to liquor licensing.
2. It is apparent that the Director did take into account the local population as part of considering the community impact, as he acknowledged that Aboriginal gamblers are significantly more likely to experience problem gambling 104. Identifying the specific cohort of users, beyond saying that a majority are Aboriginal, is difficult, however. For example, the Applicant emphasised that Aboriginal people travel from remote communities to Alice Springs and that they should be taken into account when assessing the population of the local area. However, there was no direct evidence as to the extent to which Aboriginal people who travel from remote communities use EGMs in the town

1. The evidence from Craig Jervis about who uses EGMs at the venues was that, at the Todd Tavern, the majority of users are Aboriginal, although it depends on the time of day; just before closing time, almost all users are non-Indigenous. At the Gap View Motel, the majority of users are Aboriginal, although again it depends on the time of day. Before 5:00pm a significant majority of the users are Aboriginal during the week, but that is not the case on the weekends 106.
2. We agree with the Second Respondent's submission that, given the additional EGMs were installed in each venue in July 2023, the Tribunal has the significant benefit of being able to consider whether the premises are suitable venues by reference to assessing how the machines are actually being operated 107.
3. The Tribunal has the benefit of gross profit data since the additional machines became operational. The difficulty with relying on other social indicators such as rates of domestic violence and suicide is that there will be other causes and harms. Even as it relates to problem gambling, these broader indicators of social harm may be more likely to stem from gambling at Casinos, for example,

103 Eg: Unattested Declaration of Jennifer Standish-White dated 8 December 2023; Hearing Book at 429-443

104 Decision Notice Todd Tavern at [32]; Decision Notice Gap View at [31]

105 Assoc. Prof. Livingstone at Hearing Book , page 1,233: 'It is notable that the purposes for which Indigenous people visit Alice Springs are not primarily to gamble, but that this is an incidental activity'.

107 Paragraph 60, Second Respondent's submissions 29 January 2025

which is where the most harmful gambling occurs according to Assoc. Livingstone 108.

1. In terms of gross profits, the additional gaming machines commenced operation in July 2023, however neither venue is in the top 10 profits for the year 2023-2024, according to the Licensing NT Annual Report 2023-2024 109. We accept the Applicant's submission that the gross profits from EGMs at the venues is more than what was forecast in the CIAs, however as submitted by the Second Respondent those profits are below averages in the Northern Territory. Gap View Hotel EGMs earn higher profits, and this would seem to be consistent with Craig's Jervis' evidence that the Gap View is a 'more upmarket' venue than the Todd Tavern 110.
2. Accepting that EGMs cause adverse social impacts, the legislation seeks to reduce that impact 111. In the context of applications to increase the number of EGMs, the GMA draws focus to mitigating factors such as 'problem gambling' risk management, responsible gambling strategies and economic benefits.
3. The evidence indicates that, there is little or no problem gambling at the venues, although we recognise that levels of help-seeking behaviour may be low. Craig Jervis gave evidence that, 'in the last 12 months', one problem gambler had been identified at the Todd Tavern, and none had been identified at the Gap View Hotel 112. The Second Respondent's responsible gambling strategies are in line with those of other licensees, and there is no evidence of regulatory breaches of the GMA.
4. In terms of economic benefits of the proposal, there has been a small number of new jobs created, and there was evidence that the new EGMs were part of an overall plan to improve the amenity of the venues (noting that, as the proprietor, the Second Respondent benefits most from the upgrades).
5. As to the objects in s 2A of the GMA, the Director expressly acknowledged them at paragraph 10 of each of the Decision Notices. We too have taken the objects into account in interpreting the statute and undertaking the present task.
6. In having regard to the GMA as a whole, we have had regard to s17(3) of the GMA, which specifies principles that are to be considered when the Director (and the Tribunal, stepping into the shoes of the Director) is performing their functions, namely:

(a) minimum regulatory intervention by government;

maximum cooperation between industry and government;

(c) performance-based risk management controls;

(d) proactive and competitive industry positioning;

(e) long term viability of the gaming industry;

(f) a balanced approach to problem gambling.

1. This provision was inserted into the GMA in 2004 113, at the same time as sections 41A and 41B were introduced. While the provision relevantly indicates that the proper approach to be taken is a balanced approach to problem gambling, with minimum regulatory intervention by government, that is not to say that applications for increases in EGMs should be granted. It does, however, guide the Director's decision-making under the GMA, together with the objects in s 2A.
2. In the context of the legislative scheme, we consider that the Director made the correct and preferable decisions and we confirm those decisions.
3. Noting that the respondents have not indicated in their respective responses that they would seek costs if successful in these proceedings, it is the Tribunal's present intention that each party is to bear their own costs in both proceedings. If any application for costs will be made, it is to be made within 14 days.

1. The Orders will be:
   1. In proceeding 2023-02492-CT the decision of the Director of Gaming Machines dated 14 June 2023 is confirmed.
   2. In proceeding 2023-02493-CT the decision of the Director of Gaming Machines dated 21 June 2023 is confirmed.
   3. The parties have leave to apply to the Tribunal for any consequential order or orders within 14 days of this order.

DATED: 24 September 2025 GEORGE ROUSSOS, INGRID MEIER, ANDREW MACRIDES

TRIBUNAL MEMBERS

113 Gaming Machine Amendment Act 2004, No. 45 of 2004, s6.

A1 Guidelines for preparing a community impact analysis A2 ABS Maps 2021 Local Government Area Alice Springs A3 Alice Springs 2021 Census All persons Quick Stats

A4 Daily Telegraph, 28 February 2023, "Stolen Cars, smashed glass: inside crimes destroying NT businesses".

A5 Bundle of eight Dow Jones news items (14 pages) A6 Debates Thu 20 May 2004 6889 - 6894

A7 Outline of Applicant's closing submissions (handed to the Tribunal by Mr McBeth, 26 February 2025)

A8 SGRD Pty Ltd v Northern Territory Liquor commission and Anor [2022] NTCAT 5 A9 Everard Pty Ltd v Commissioner for Liquor and Gaming [2024] QCAT 359

R1 Licencing NT Annual Report 2022 - 2023, page 10 R2 Licencing NT Annual Report 2023 - 2024, page 8

R3 The Conversation Article 17 January 2018 "Removing pokies from Tasmania pubs and clubs would help gamblers without hurting the economy".

R4 The Conversation Article 21 February 2018, "No pokies Xenophon goes for some pokies but does his gambling policy go far enough?"

R5 "Northern Territory 2021 Census All Person QuickStats"

R6 NSW: Hotels Gaming Machine Annual Report by Local Government Area for the period 1 July 2023 to 30 June 2024

R7 NSW: Clubs Gaming Machine Annual Report by Local Government Area for the period 1 July 2023 to 30 June 2024

R8 Tennant Creek 2021 Census All Persons QuickStats

R9 Media Release 19 September 2022 "Moratorium on new gaming machines in hotels and taverns across Alice Springs"

R10 Media Release 6 June 2023, "NT Government lowers cap on gaming machines" R11 Google Maps, image of a school and surrounds, showing the Gillen Club, Alice

R12 Spreadsheet calculating Average Daily Revenue for each of the Todd Tavern and Gap View hotel 1

R13 NT Liquor Commission Decision Notice Complaint against Iris Gap View Operations Pty Ltd [2023] NTLiqComm 1 2

1 This exhibit spreadsheet was referred to as exhibit 10 on page 171 of the Transcript. That is an error and the consecutive number of this exhibit should be R12.

2 This exhibit Decision Notice was referred to as "R11" on page 185 of the Transcript. That is an error and the consecutive number of this exhibit should be R13.

Witness required for cross examination but unavailable

1. (name suppressed) Applicant
2. Dira Horne Applicant
3. Craig Kelly Applicant

In the following, the Tribunal considers the evidence of the witnesses Witnesses who attended the hearing and were cross examined

• 1.1 The Unattested Declaration of this witness dated 8 December 2023 has been admitted in full in relation to the Gap View Hotel only. The Unattested Declaration is summarised as follows:
  • 1.1.1 The witness is the CEO of the Gap Youth and Community Centre Aboriginal Corporation (Centre), and has held this role since November 2021, and also held this role from 2009-2011. The Centre provides a safe place for young people, including an after-hours drop-in service, a youth diversion program, and a case management service for young people who may be homeless or at risk of homelessness, or are disengaged from school or their family and recreational activities.
  • 1.1.2 The Gap area is a relatively lower socio-economic, high density residential suburban area. The Centre is located between the Gap View Hotel and Pigglys Supermarket, which sells takeaway liquor. The witness is concerned about the impact on youth attending the Centre of being exposed to drunk and intoxicated patrons walking past the Centre to get from the Gap View Hotel and Pigglys Supermarket.
  • 1.1.3 The witness has observed what appears to be domestic violence incidents and intoxicated people arguing loudly outside the Centre, and intoxicated persons crossing Gap Road in front of traffic. On rare occasions intoxicated persons urinate either just outside the witness' office window or around the corner of the office building, in view of passing foot traffic and potentially young people. The witness is concerned that this type of behaviour is likely to increase if more gambling machines result in greater patronage at the Gap View Hotel.
  • 1.1.4 The witness says that she has witnessed what the addition of machines can mean for a venue. She says that on 19 September 2023, just before midday, she attended Club Eastside. She recalls being taken aback when she walked past the section with poker machines and noticed many people playing the machines at that time of day.
  • 1.1.5 Under cross-examination, the witness accepted that revenue data of gaming machines gives the most accurate and objective indication of usage1. The witness was taken to data showing that Club Eastside was one of the top 10 venues based on gaming machine gross profits in the relevant periods, whereas the Gap View Hotel was not on the list. The witness accepted that, based on that evidence, the Gap View Hotel gaming room was not a particularly busy gaming room. The witness was also taken to data indicating an average daily profit per machine of

$285 per day. The witness accepted that if the Gap View Hotel had an average daily profit per machine of less than $285 per day, then that would mean that concerns about the Gap View Hotel gaming room becoming really busy like the Club Eastside gaming room have not eventuated.

• 1.1.6 The witness states that the Gap View Hotel is situated close to several residential location sites, including town camps. The Abbots town camp is the town camp closest to the Gap View hotel, and the witness is aware that residents of the 'Little Sisters' and 'Old Timers' camps also attend the Gap View Hotel. In the near vicinity is Anglicare NT's supported housing in Bloomfield Street. Many of the youth who attend the Centre walk there from the camps nearby, so frequently encounter intoxicated patrons who behave in an antisocial manner.
• 1.1.7 The witness thought the Second Respondent's approach to community consultation was tokenistic, and she was outraged by the brevity of the survey given that the doubling the amount of pokies in a venue in a residential low socio-economic area, and on direct routes from town camps south of the Gap, was a serious matter.

• 2.1 This witness provided a 42-page expert report in answer to questions posed to him by the Applicant. For each of the Todd Tavern and the Gap View Hotel the witness was asked to comment on the likely impact on the local communities if there was an increase in the number of gaming machines from 10 to 20, and was asked to comment on whether the Second Respondent's Community Impact Analyses sufficiently covered all relevant matters. The witness was also asked whether the Second Respondent's policies and practices reflect best practice with respect to responsible gambling.
• 2.2 In his expert report, the witness concluded that:
  • 2.2.1 The divide between indigenous and non-indigenous people is evident in all indicators, such that indigenous people are deeply disadvantaged across every indicator available, including educational attainment, employment, income health, experience of gambling harm, domestic violence. The links between disadvantage and gambling harm are such that any increase in gambling harm will disproportionately affect indigenous people, 'and almost certainly markedly so' 2.
  • 2.2.2 The extent of the risk posed to this highly vulnerable population is related to the composition of the patrons of the respective venues. If the patrons are exclusively non-indigenous, the likelihood of harm is less, but still real, given that the general rate of gambling disorder in Alice Springs is high by Australian standards at 1.7%. If the patrons of the venues are largely or entirely indigenous people, the potential for harm is very significant.
  • 2.2.3 Increasing the number of gaming machines at each venue by 10 increases their availability and accessibility. Links between increased accessibility and gambling harm (particularly for indigenous patrons) mean the likely net effect will be a significant increase in gambling related harm. The potential for harm to patrons, their families and friends and the broader community is greater for the indigenous community because of entrenched disadvantage across multiple domains.
  • 2.2.4 The Second Respondent's Community Impact Analyses for each venue did not adequately consider a number of important matters, including by failing to undertake effective community engagement, by omitting the broader catchment population 3, by omitting gaming-sensitive sites of significance to the indigenous population and failing to give an account of the extent of problem gambling in the community.
  • 2.2.5 As for whether the Second Respondent's policies and practices reflect best practice with respect to responsible gambling, the witness gave the opinion that, while they did appear to meet the minimum standards, those standards are a very low bar in

3 In his oral evidence in chief, the witness stated that the catchment area for these venues is very extensive, because of the nature of Alice Springs and the fact that people come and go regularly: transcript, page 21

the context of the community in which the venues are located. The witness gave the opinion that, in the context of the community in which the venues are located, the policies and practices of the venues do not reflect best practice in prevention and minimisation of gambling harm.

• 2.3 The witness gave oral evidence in chief to the effect that gambling venues in Australia tend to be in areas of disadvantage, and that venues in those areas tend to attract a larger clientele. Disadvantaged people are more attracted to gambling, particularly gaming machines, because of its particular characteristics and the likelihood that they will experience an escape from reality. The witness briefly gave evidence about recent data indicating that every lift in poker machine gambling in New South Wales leads to a predictable linear relationship of increased crime in a community 4.
• 2.4 In cross-examination, the witness agreed that he advocates for policy reform for gambling in Australia and agreed that, as currently regulated, the negative impacts of gaming machines outweigh any benefits of them. He said that he has strong views about gambling harm and was concerned about the proliferation of gaming machines in Australia and a lack of acceptable regulation and policy governing their use. The witness agreed that he was not impartial in the sense that he did not want to see an increase in the amount of harm caused by gaming machines 5.
• 2.5 As for reducing the number of gaming machines, the witness stated that while accessibility was an important component, a reduction in numbers was not high on his list of policy reforms; to be effective, reductions have to be very significant 6. The witness stated that there are many other strategies that would not require a reduction in gaming machine numbers which would be more effective 7. He went on to say that, in the absence of any alternative strategies, maintaining gaming machine numbers at current levels is 'probably the best available option if your goal is to maintain at least existing levels of harm and not lead to them being increased' 8.
• 2.6 The witness was asked about his density calculations and in cross-examination it emerged that when he calculated density for the whole of the NT the casino gaming machines were not included, but where he calculated density for Alice Springs the casino machines were included which made the Alice Springs figure look higher than the NT calculation. Attention was also drawn to the witness' density calculations, where he had not used the broader catchment population figure of 27,000, which again made the density figure appear higher9. The witness agreed that gaming machine density in Alice Springs is not high in comparison to some local government areas in New South Wales. The witness nevertheless maintained that, in relation to

averages across Australia, and globally, Alice Springs has a very high rate of accessibility 10.

• 2.7 When actual gross profit data per machine was put to the witness, he agreed that for the Todd Tavern the figures were a lot below the average, and that for the Gap View Hotel the figures were a little below average 11.
• 2.8 In cross-examination the witness stated that he has never been to Alice Springs 12.

• 3.1 The parts of an Unattested Declaration of this witness dated 11 December 2023 that were admitted are summarised as follows:
  • 3.1.1 The Todd Tavern is located near Central Australia Aboriginal Congress Aboriginal Corporation (Congress) locations and other sites, including:
    • Congress Social and Emotional Wellbeing service is approx. 350m or less than a five minutes' walking time from the Todd Tavern. In his oral evidence, Dr Boffa stated that this service, which would be moving to new premises in Todd Street in August 2025, treats people for addictions to alcohol, other drugs and gambling13.
    • Congress Family Partnership Program is approximately 300m or approx. four minutes' walking time from the Todd Tavern.
    • Congress Youth Outreach service, Congress Family Support Service and Congress Back on Track program (youth diversion), are approx. 550m / 8 minutes' walking time from the Todd Tavern. In his oral evidence, the witness noted that very disadvantaged traumatised people, who are highly susceptible to addictions of all types, attend this building.
    • Headspace is approx. 600m or approx. 8 minutes' walking time from the Todd Tavern.
• 3.1.2 In his oral evidence, the witness added that Congress is going to open a Healthy Kids Clinic in the mall, including a new Child Mental Health Service. Under cross-examination the witness conceded that a decision had been made to move this service to a location a couple of hundred metres away from the Todd Tavern. In his evidence in chief the witness also referred to the location of the Nurse Family Partnership Program at the Jock Nelson Centre.

• 3.1.3 The Todd Tavern is well known to the witness, who has lived in Alice Springs since 1994. He walks past the Todd Tavern when walking to and from work. He has observed that from the opening time of 10:00am to 7:00pm - concentrated between 10:00am and 2:00pm when takeaway alcohol can be sold - almost exclusively Aboriginal patrons can be seen gathering on the footpaths out the front every week. The witness has observed verbal or physical altercations on the footpaths and has observed security guards at the entrance.
• 3.1.4 People go to the Todd Tavern to drink alcohol and to use poker machines. The poker machine section has very little natural lighting. The 'side bar', which is the bar that contains the poker machines, usually appears to be busy and is mostly frequented by Aboriginal patrons. The witness has not observed security counting the patrons entering the bar, but has observed patrons spilling out close to the road or crossing near the 50's Plus Community Centre. In his oral evidence, the witness clarified that the poker machines have moved to the Riverside bar 14. His evidence is that '90 per cent plus' of the patrons who use the Riverside Bar are Aboriginal people

• 3.1.5 The Gap View Hotel is located next to the following Congress locations and other sensitive sites:
  • Congress Gap Road Clinic and Congress Childcare are approx. 1.4km / 20 minutes' walking time from the Gap View Hotel. In his oral evidence, the witness stated that this Clinic services around 5,000 Aboriginal people, with at least 50,000 episodes of care per year. People who come to the Clinic from south of the Gap come straight past the Gap View Hotel;
  • Congress Ingkintja male health clinic is approx. 1.5km / 20 minutes' walking time from the Gap View Hotel.
• 3.1.6 The old back bar at the Gap View Hotel was completely renovated about ten years ago and now is an area with good amenity that is frequented by families going there for counter meals or dedicated family functions like birthdays.
• 3.1.7 The area when you first walk into the hotel is an outdoor drinking area with a very large television monitor. This area leads into an inside bar which contains the poker machines. This area can become very crowded. There is a poor line of sight from the bar to the outside area and it can be hard for staff to be aware how drunk people have become in this outside area. It can be very easy for drunk patrons to get non-drunk patrons to buy their drinks for them.

14 Transcript, page 77; this was denied by Craig Jervis in his evidence: transcript, page 97, 108. His evidence was that the gaming machines are adjacent to the Riverside Bar.

• 3.2 In his oral evidence, the witness stated that the sensitive sites in the Alice Springs CBD are specialist programs that were accessed by people from all over Alice Springs, and from all of the town camps.
• 3.3 Under cross-examination it emerged that, at the time of the Congress submission dated 8 August 2022, Dr Boffa did not realise that the Todd Tavern and the Gap View Hotel already had gaming machines. He had thought the application for additional machines would create new places to access gaming machines. It also emerged that Dr Boffa had not appreciated that, following the lifting of the moratorium and the lowering of the cap on gaming machines, the Second Respondent was only able to apply for 20 instead of 60 new gaming machines in Alice Springs 16.
• 3.4 Dr Boffa accepted that any gaming venues in the Alice Springs CBD would be in the proximity of sensitive areas. Dr Boffa's evidence was that people who want to use gaming machines will go anywhere to use them and that it was preferable not to put them near sensitive sites because it risks people seeing the venue, changing their plans and getting drawn into gambling 17.
• 3.5 Dr Boffa's evidence was that the level of harm done to a user of a gaming machine is dependent on the characteristics of the person, eg their level of poverty, trauma and hardship.

• 4.1 Mr Jervis is the only witness for the Second Respondent. The parts of his Unattested Declaration dated 12 July 2024 that were admitted are summarised as follows.
• 4.2 The witness is the Chief Operating Officer of Alice Springs Casino Operations Pty Ltd and, since the Second Respondent purchased the venues in or around June 2022, has had oversight of the management of both the Todd Tavern and the Gap View Resort. The witness is very familiar with both venues and attends both venues around 4-5 times per week. He has lived in Alice Springs since 2007 and is extremely familiar with the pubs and gaming venues in the Northern Territory.
• 4.3 The Second Respondent saw an opportunity to invest in and update the venues, and planned to increase the number of gaming machines at the venues to help fund improvements.
• 4.4 The 10 additional gaming machines at each venue went live in July 2023, and as part of this the Second Respondent has upgraded its facilities and the gaming room at both venues.
• 4.5 The upgrades and improvements as well as money spent on patron safety and enjoyment at the Todd Tavern between 2022 and 2024, has cost approximately $ . The total amount spent on improvements at the Gap View Hotel between 2022 and 2024 is approx. $ , including gaming room upgrades of around $ .

• 4.6 The witness has observed both venues to become more popular with locals and tourists alike as a result of the improvements. In relation to their economic contribution, the venues have hired some more staff 18, which is at least partly attributable to the additional gaming machines, and the Second Respondent sponsors community organisations and events 19.
• 4.7 The witness has observed that the patrons of both venues and their gaming rooms are reflective of the 'pub going population' of the area generally, including indigenous people, office workers and tourists 20.
• 4.8 The witness considers that it is incorrect to say that the venues and their gaming rooms are patronised entirely, or almost entirely, by indigenous people 21.
• 4.9 The witness has observed that the patrons of the Gap View Hotel probably have a lower proportion of indigenous people compared to a typical street corner pub in Alice Springs such as the Todd Tavern.
• 4.10 In his Unattested Declaration, the witness describes the Second Respondent's problem gambling management and strategies and describes the Average Daily Revenue (ADR) of the gaming machines in the gaming rooms of each venue.
• 4.11 The ADR of gaming machines in the Todd Tavern is lower than the average ADR of gaming machines across all hotels in Alice Springs in the period 2022-2024. The ADR of gaming machines in the Gap View Resort is higher than that of Todd Tavern, but is consistent with the average.
• 4.12 The witness addresses witness statements provided by the Applicant and gives the following further evidence. He takes issue with Associate Professor Livingston's assessment of the density of gaming machines in Alice Springs 22, and maintains that many tourists enjoy gambling, including on gaming machines, as part of their holiday entertainment.
• 4.13 The witness asserts that patrons who use gaming machines are far less likely to exhibit signs of intoxication, and he states that he has not noticed increased humbugging since the additional gaming machines have been installed. The witness denies that fights outside of the

18 In cross-examination it was clarified that the increase in staff was not 'full time equivalents' (FTE), but 'head counts'. The FTE increase at the Todd Tavern is approx. 1.5 and at the Gap View Hotel is approx. 3 (Transcript page 99)

19 In cross-examination it was clarified that the venues had sponsored some community events since before they were purchased by the Second Respondent, and on an increasing level since the Second Respondent took over 20 In cross-examination the witness accepted that it is difficult to encourage tourists to Alice Springs and difficult to get the ones who do come to stay (Transcript, page 106)

21 The witness did, however, agree in cross-examination that a majority of gaming room patrons are indigenous: transcript, page 106. His evidence was that it would be unusual, at any time of day, for none of the patrons in the Todd Tavern gaming room to be indigenous. Often during the day there are more indigenous patrons, and in the evenings and weekend there is more non-indigenous patrons: Transcript, page 108-109

22 In cross-examination doubt was cast over the Second Respondent's density figures and it was revealed that the witness' density area and calculations were arrived at with the assistance of consultants: Transcript page 100, 102

venues, or queues to get into the venues, are related to the additional gaming machines 23.

• 4.14 In cross-examination, the witness gave evidence that in the last 12 months one problem gambler had been identified at the Todd Tavern, and none had been identified at the Gap View Hotel.
• 4.15 The witness was questioned about breaches and suspensions of the liquor licences of the venues in 2023 and 2024, and an order that the Gap View Hotel bottle shop close for 24 hours due to breaches of the requirement to scan ID for the purpose of the banned drinker register

Witness required for cross examination but unavailable

• 5.1 Dr Ah Chee was required for cross-examination but was unavailable for that purpose. At the hearing, the Applicant's Counsel conceded that, in those circumstances, the weight that could be placed on Dr Ah Chee's evidence was reduced 25.
• 5.2 The parts of the Unattested Declaration of this witness dated 11 December 2023 that were admitted are summarised as follows:
  • 5.2.1 The witness confirmed the proximity of the Todd Tavern and the Gap View Hotel to Congress and other sites.
  • 5.2.2 Although the witness has not been inside the Todd Tavern for many years, she has observed people start lining up outside the Todd Tavern from its opening time or earlier, as early as 10:00am. It is predominantly Aboriginal people lining up out the front of the Todd Tavern and spilling out onto the footpath, and spending time around the street out the front. There are often fights on the footpaths Recently there was a tragic incident where a man was stabbed and killed outside the Todd Tavern in the mid-afternoon.
  • 5.2.3 'Our families' all know people who have trouble with poker machines. Seeing Aboriginal people lining up out the front of the Todd Tavern adds to racism in Alice Springs.

The further witness evidence filed by the Applicant is as follows. These witnesses were not required for cross-examination.

23 In cross-examination the witness agreed that the people who queue up to enter the Todd Tavern go to play gaming machines sometimes: Transcript, page 107

• 6.1 The parts of an Unattested Declaration of this witness dated 13 December 202426 that were admitted are summarised as follows.
• 6.2 This witness is a senior financial counsellor at Lutheran Care and has lived in Alice Springs since 2021. Lutheran Care is a not-for profit community service organisation, whose services include providing financial well-being services, emergency relief, financial counselling and community education. The organisation provides remote services to outlying communities
• 6.3 Approximately 90% of the clients of Lutheran Care's various financial services are Aboriginal people, and over 20 clients can be seen in a single week. Despite that many clients do not admit they have issues with gambling, bank statements often disclose trends that indicate that someone is gambling. This ability to review bank statement is only available for clients who have pre-booked appointments or are engaged in long-term financial capability work. Some clients only provide bank statements they want to be seen.
• 6.4 An estimated 40% of the witness' clients have gambling related issues. The majority of clients are struggling to pay for food, or unable to pay their rent or other bills. Many accrue debt and some are borrowing to gamble. If complex gambling issues are apparent, the witness will refer clients to a gambling counsellor at Anglicare, who is the only such counsellor in Alice Springs.
• 6.5 In relation to the Gap View Hotel, the witness states that for over two years she has gone there on Wednesdays for dinner and a meeting. At about 6:15pm the witness walks past the poker machine room to get to the meeting room. Until recently the witness could see into the room when she walked past. The witness observed that there were never less than 4 machines in use, on most occasions all 10 were being used. Sometimes up to 20 people would be waiting to use 10 machines. The vast majority of people using the poker machines appear to be Aboriginal.
• 6.6 Recently the Gap View Hotel poker machine space had changed, meaning that you could not see through to the space fully and the room was darker. The room appeared busier, with more machines and more people than usual.
• 6.7 The witness also observed that the Gap View continues to serve people who appear to be intoxicated and has witnessed several fights between patrons.
• 6.8 In relation to the Todd Tavern, the witness' main office is situated 'around the corner'. The witness has been to the venue around 6 times for lunch. The witness has noticed when walking past the venue that there are often long line-ups of up to 20 people before midday for the pokies area. The people waiting in the lines appear to be predominantly Aboriginal. Many people also wait in the park opposite the Todd Tavern

26 Noting that this document was provided to the Tribunal on 14 December 2023, the correct year is 2023.

until it opens. The witness suggests that on 'royalty week' the lineup appears longer.

• 6.9 The witness has not seen any material relating to gambling harm and responsible gambling written in Aboriginal languages, although she has seen brochures in English with dot painting artwork and sand colours. It is also observed that it may be a non-Aboriginal person 'on the other end of the phone line or service'.
• 6.10 Many Aboriginal people come into Alice Springs for family reasons, eg medical appointments and funerals, and some residents from dry areas come into pubs and clubs when in Alice Springs to consume alcohol and/or gamble. Clients often run out of money after spending it on gambling or other non essential services. Multiple clients would need to borrow money to get transport home or use the 'bush bus' which allows payment through Centrepay. The witness recalls seeing previous clients from a remote community attend the Gap View hotel. The witness concludes that it is not just 'town people' that come to these venues, but also people from remote communities.

• 7.1 The parts of an Unattested Declaration of this witness dated 8 December 2023 that were admitted are summarised as follows:
• 7.2 The witness was, at the time, the CEO of the Mental Health Association of Central Australia. At the time of the declaration, the witness had been the CEO for over 2 years and had lived in Alice Springs for over 6 years. Previously, the witness was the Regional Operations Manager for Anglicare between 2019-2021, responsible for managing problem gambling, housing and transitional support housing.
• 7.3 The witness is aware that people from remote communities travel to Alice Springs on certain days, and has observed that there are much larger crowds around both the Todd Tavern and Alice Springs more generally on certain days, when people are paid or when funds come in. The witness has seen vulnerable people from remote communities attend these venues, and has noticed that the Todd Tavern is heavily utilised by people from remote communities.
• 7.4 The witness is concerned about the use of alcohol at these venues and the links between domestic violence and the impacts of problem gambling. The witness is also concerned that additional poker machines may increase humbugging, which she describes as common in Aboriginal culture, and says can often lead to verbal aggression and violent consequences. The witness has not seen or read information about responsible gambling translated into relevant languages, or culturally appropriate information about gambling harm, when she is at the venues.

• 8.1 The parts of an Unattested Declaration of this witness dated 11 December 2023 that were admitted are summarised as follows.
• 8.2 The witness has been the CEO of Anglicare NT since December 2022. As at the date of his declaration he had lived in the Northern Territory for approximately 8 years, including 4 years in Tennant Creek.
• 8.3 The witness is informed by his staff that approximately 70% of the clients who attend the Alice Springs office for financial services, and approximately 95% of the clients that attend the 'No Interest Loan Scheme', are Aboriginal and Torres Strait Islander. Anglicare has a staff member with the title 'Financial Counselling (Problem Gambling)'.
• 8.4 People attend Anglicare's Alice Springs office and disclose that they have lost money gambling. Shame can be a barrier to people disclosing problem gambling, which makes it difficult to assess exact numbers of problem gamblers in their client base. Issues with problem gambling often emerge as part of an ongoing process over the course of a number of appointments.
• 8.5 For many clients English is not a first language. It may take time for information to be relayed clearly and understood, and for clients to get the information they need. Engagement regarding problem gambling is strengthened through cultural training and culturally sensitive tools and interpreters.
• 8.6 The Gap View Hotel and Todd Tavern are well known to the witness, although he has not been a patron of either venue. The Anglicare office is less than 100m from the Todd Tavern. There are always people gathering outside or near the Todd Tavern and the witness has observed fights outside the venue. It is not unusual to see unrest or hear yelling during business hours from the Anglicare office. On 1 June 2023 the witness heard commotion and saw police attend outside the Todd Tavern. A staff member told him that someone with an axe had run at someone and he later became aware that this was a fatal incident.
• 8.7 Alice Springs is a service hub for a number of remote Aboriginal communities. Residents from Aboriginal communities travel for cultural and community reasons, eg funerals, as well as for accessing health and other services that are not available in remote communities. People from remote communities are highly mobile and also come to Alice Springs for community events and gatherings as well as the collection of financial royalties.

1. The Applicant's Ordinary Application filed 11 December 2023 in proceeding Jonathan Pilbrow, Vicki-Maree Gillick v Director of Gaming Machines, Iris Gap View Operations Pty Ltd 2023-02493-CT is allowed in part.
2. The Applicant's Ordinary Application filed 11 December 2023 in proceeding Jonathan Pilbrow, Vicki-Maree Gillick v Director of Gaming Machines, Iris Todd Operations Pty Ltd 2023-02492-CT is allowed in part.
3. Parties have liberty to apply to make submissions on necessary consequential orders by written submissions to be filed by 4pm on 18 April 2024.

Paragraph 52 of the Tribunals reasons for decision 28 Mar 2024

52. Allowing some of the Additional Material may assist the Tribunal in its task of reviewing and assessing the decision of the Director relating to the Todd Tavern and Gap View. In evaluating each item of the Additional Material and taking into account the parties' submissions, the Tribunal has decided to admit the Additional Material in part, in the manner set out in the table below.

Expert Report of Associate Professor Charles Livingstone

Admit sections relevant to Todd Tavern in the Todd Tavern proceeding.

Admit sections relevant to Gap View in the Gap View proceeding.

Lay Witness Statement of Jennifer Anne Standish-White

Order in relation to Second Respondent's evidence

1. The Tribunal considers that the unattested declaration of Craig Jervis dated 12 July 2024 is relevant in the context of these proceedings. It provides evidence specific to the Todd Tavern and Gap View premises and is from the operator, specifically from a person with oversight of the management of both premises.
2. The Tribunal has determined to admit all of the unattested declaration of Mr Jervis, as follows:

Paragraphs [1] - [17], [33] - [37], [49] - [61], [65] - [72], [75], [78] and [83] are

Paragraphs [18] - [21], [26] - [29], [38] - [44], [73] - [74], [76] and [82] are

Paragraphs [22] - [25], [30] - [32], [45] - [48], [62] - [64], [77] and [79] - [81]

1. No determination has been made as to the weight that should be given to the evidence contained in the unattested declaration of Mr Jervis. That will be determined after the Gap View Proceeding and the Todd Tavern Proceeding are heard.

Gaming Machine Act 1995

Section 2

(a) to promote probity and integrity in gaming;

(b) to maintain the probity and integrity of persons engaged in gaming in the Territory;

(c) to promote fairness, integrity and efficiency in the operations of persons engaged in gaming in the Territory;

(d) to reduce any adverse social impact of gaming; and

(e) to promote a balanced contribution by the gaming industry to general community benefit and amenity.

Section 17

(1) In addition to the functions conferred on the Director under this Act, the Director has those functions conferred on the Director by the Minister.

(2) The Director has power to do all things necessary or convenient to be done for or in connection with or incidental to the performance of the Director's functions.

(3) The following principles are to be considered when the Director is performing the Director's functions:

(a) minimum regulatory intervention by government;

(b) maximum cooperation between industry and government;

(c) performance-based risk management controls;

(d) proactive and competitive industry positioning;

(e) long term viability of the gaming industry;

(f) a balanced approach to problem gambling.

Section 22B

22B Power to restrict gaming machine numbers

(1) Restrictions may be imposed by regulation on gaming machine numbers.

(a) restrict the aggregate number of gaming machines authorised for use under gaming machine licences in the Territory to a maximum number fixed in, or determined in accordance with, the regulations; or

(b) restrict the aggregate number of gaming machines authorised for use under gaming machine licences in a particular part of the Territory to a maximum number fixed in, or determined in accordance with, the regulations; or

(c) impose a restriction of any other kind on gaming machine numbers; or

(d) impose any combination of restrictions on gaming machine numbers.

(3) The first regulations to be made under this section may operate retrospectively from the date this section is taken to have commenced.

Section 23

23 Gaming lawful and does not constitute nuisance

(1) Notwithstanding any other Act or law, gaming and the conduct of gaming on licensed premises under this Act is lawful.

(2) Gaming and the conduct of gaming on licensed premises under this Act or any other Act does not in itself constitute a public or private nuisance.

Section 41

(1) A licensee may apply to have the number of gaming machines authorised for use under the licence increased.

(a) shall be made in the form determined by the Director and signed or executed in the same way as is specified in section 24(3)(b);

(b) must specify the number of additional gaming machines that the applicant seeks to have authorised for use under the licence and the total number of gaming machines that would then be on the licensee's licensed premises should the application be granted;

(c) where appropriate, shall be accompanied by an application under section 43;

(ca) if the applicant is a club - must contain details of the extent to which the club's profits that have been allocated or distributed:

(i) toward development of the club's neighbourhood; and

(ii) as donations to or funding for community, recreation or service organisations operating in the club's neighbourhood,

and details of the extent to which the allocation or distribution would be increased or otherwise varied if the Director were to grant the application;

(cb) if section 41A applies - must be accompanied by a community impact analysis;

(d) shall contain or be accompanied by such other information, records, reports, documents and writings relating to the application or the licensee as are determined by the Director;

(e) shall be forwarded to or lodged with the Director; and

(f) must be accompanied by:

(i) the prescribed fee; and

(ii) the prescribed levy for each additional gaming machine that the applicant seeks to have authorised for use under the licence.

(3) The Director shall determine whether to grant or refuse to grant the application and, if granted, the increased number of gaming machines authorised for use under the licence.

(4) In determining an application under section (1) the Director shall have regard to:

(a) the increased number of gaming machines that the applicant seeks to have authorised for use under the gaming machine licence;

(b) if section 41A applies - the community impact analysis;

(ba) if section 41B applies - any submissions received under the section;

(c) the gross monthly profit of existing gaming machines operated on the premises;

(d) the hours and days when the premises are open for the sale of liquor;

(e) the size, layout and facilities of the premises together with any proposed modification or relocation of the gaming machine areas of the premises; and

(f) such other matters as the Director considers are relevant.

(5) If the Director increases the number of gaming machines authorised for use under a licence, the number of additional gaming machines authorised must not be greater than the number sought in the application and the total number of gaming machines that would then be on the licensed premises shall not be greater than the maximum

number prescribed for the category of licensed premises to which the licensed premises the subject of the application belongs.

(6) The Director may require the licensee to submit such additional information or material as the Director considers is necessary in order to make a determination under this section.

(7) Where the Director, on consideration of an application under this section, considers that it should not be granted or proposes to increase the number of gaming machines authorised for use under the licence by a number that is less than that requested in the application:

(a) the Director shall defer making a decision in respect of the application or determining the increase in the number of gaming machines; and

(b) the Director shall give written notice to the applicant and invite the applicant to submit, within such time as is specified in the notice, such additional information or material in support of the application as the applicant thinks fit.

(8) Any additional information or material submitted under subsection (6) or (7) shall be considered in making the determination.

(9) If an application under subsection (1) is refused, the Director shall as soon as practicable give the applicant written notice of, and the reasons for, the decision.

Section 41A

(1) An application under section 41 must be accompanied by a community impact analysis if:

(a) the number of additional gaming machines sought to be authorised for use under the licence is 5 machines or more;

(b) the guidelines published by the Director under section 161A require the application to be accompanied by a community impact analysis; or

(c) the Director requires the application to be accompanied by a community impact analysis.

(2) A community impact analysis must be in the form approved by the Director and must provide the following details:

(a) the suitability of the premises to which the application relates having regard to the size, layout and facilities of the premises;

(b) the suitability of the premises to which the application relates having regard to the primary activity conducted at the premises;

(c) the suitability of the location to which the application relates having regard to the population of the local area, the proximity of the premises to other gaming venues and the proximity of the premises to sensitive areas such as schools, shopping centres, other community congregation facilities, welfare agencies,

(d) the appropriateness of problem gambling risk management and responsible gambling strategies;

(e) economic impact of the proposal including contribution to the community, employment creation and significance or reliance of the venue to or on tourism.

Section 41B

(1) If section 41A applies, the licensee must, within 28 days of lodging the application under section 41, publish a notice that the application has been made:

(a) in a newspaper or newspapers nominated by the Director; and

(b) in any other manner the Director considers suitable to publicise the application.

(a) include a description in sufficient detail to identify the location of the premises to which the application relates;

(b) contain details of the increased number of gaming machines sought to be authorised for use under the licence;

(c) contain details of where community impact information may be obtained;

(d) contain a statement that a person may make a written submission to the Director on the application within 30 days of the notice being first published in a newspaper;

(e) contain any other particulars determined by the Director; and

(f) be not less than a size determined by the Director.

Section 161A S

The Director may publish guidelines for the administration of this Act.

Section 166H

166H Application to NTCAT for review of Director's decision

(1) Subject to subsection (2), an affected person for a reviewable decision may apply to NTCAT for review of the decision.

(2) An affected person may only apply to NTCAT once the person has exhausted any other available avenue of review under this Division.

Note for section 166H

A delegate decision must be reviewed by the Director under this Division before an application is made to NTCAT.

Gaming Machine Regulations 1995

For section 22B of the Act, the aggregate number of gaming machines authorised for use under gaming machine licences in the Territory is restricted to a maximum of 1 659

For the purposes of sections 25(14) and 41(5) of the Act, the maximum number prescribed:

(a) for Category 1 licensed premises is 20; and

(b) for Category 2 licensed premises is 55.

Northern Territory Civil and Administrative Tribunal Act 2014

The Tribunal must review a reviewable decision by way of rehearing.

46 Proceeding for review of reviewable decision

(1) The objective of the Tribunal exercising its review jurisdiction is to produce the correct or preferable decision.

(2) A proceeding in the Tribunal's review jurisdiction will include:

(a) an examination of the evidence or the material before the decision maker; and

(b) a consideration of any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit for a rehearing.

(3) The reasons for decision provided by the decision maker, or any grounds for review set out in the application, do not limit the Tribunal in conducting a proceeding in the Tribunal's review jurisdiction.

(1) After reviewing a decision, the Tribunal must, after a proceeding in its review jurisdiction:

(a) confirm the decision; or

(b) vary the decision; or

(c) set aside the decision and:

(i) substitute its own decision; or

(ii) send the matter back to the decision maker for reconsideration in accordance with any recommendations the Tribunal considers appropriate; or

(d) make a different decision if permitted by the relevant Act.

(2) The Tribunal may make any consequential orders the Tribunal considers appropriate.

(3) The fact that a decision is made on reconsideration under subsection (1)(c)(ii) (the reconsidered decision) does not prevent the reconsidered decision from being a reviewable decision.

55 Tribunal to fully inform itself for proceeding

The Tribunal must take all reasonable steps to ensure:

(a) that the parties have had the opportunity in a proceeding to be heard or otherwise have their submissions received; and

(b) that all relevant material is disclosed to the Tribunal so as to enable it to decide all the relevant facts in issue in a proceeding.