Casino Control (Burswood Island) (Licensing of Employees) Regulations 1985

Licence classes and who needs one. The regulations distinguish two licence classes: casino key employee licences (senior or specified roles) and casino employee licences (regulation 3(1)). Regulation 3(3) clarifies that some casino staff are not to be treated as casino employees solely because they provide hospitality, entertainment support, maintenance, cleaning, or unrelated installation services. The definitions in regulation 2(1) tie into the Casino (Burswood Island) Agreement Act 1985 for other defined terms.

Person‑based vetting and identity. The scheme requires in‑person application (regulation 4(1)) with identity documents (regulation 4(2)(c)), and empowers the Chief Casino Officer to require fingerprints, palm prints and “such other means of identifying” the person as appropriate both at application and at the Commission’s direction after issue (regulations 4(4)‑(5) and 15(2)). The Commissioner of Police is empowered to investigate character and financial standing and to report on convictions, suspected associates and antecedents (regulation 5(1)‑(3)). The regulations prescribe the destruction and return of fingerprint records to the Chief Casino Officer after the police investigation (regulation 5(4)‑(5)).

Gatekeeper roles and decision points. The Chief Casino Officer has investigative and administrative functions: receiving applications, requiring biometrics, conducting investigations and recommending to the Commission (regulations 4 and 7). The Commission makes the final decision, with express statutory language giving it “absolute discretion” to grant or refuse a licence and to impose terms, conditions or restrictions (regulation 8(1)‑(2)). The Commission also retains power to vary licence terms on receipt of fresh information (regulation 9(4)). Provisional licences may be issued by the Chief Casino Officer to bridge anticipated delays, subject to integrity considerations and police certificate requirements (regulation 19).

Conditions and continuing suitability. Licences are conditional on continuing fitness to hold them, and the Commission or Chief Casino Officer may require licence holders to furnish further information after issue to determine continued fitness (regulation 15(2)). The regulations make compliance with the authorised games rules and Commission directions a condition of licence (regulation 15(2a)). Holders must notify convictions within 7 days (regulation 15(3)). The Commission may cancel or suspend licences for conviction of an imprisonable offence, for non‑fitness, for non‑compliance with requirements or terms, or where a licence was granted on false or erroneous information (regulation 15(1)).

Operator obligations. The Operator is explicitly charged with employment decisions and must not employ unlicensed persons (regulation 3(1)). It must submit information on demand about current and recent licence holders (regulation 13(1)‑(3)), notify commencement and termination within 7 days (regulations 12 and 18), ensure display of Commission‑approved identification (regulation 11), and inform the Chief Casino Officer of convictions of employees (regulation 15(4)). The Operator may face fines for non‑compliance.

Enforcement and sanctions. The regulations provide a mix of maximum penalties (fines for offences in the body of the regulations), modified penalties for certain contraventions via infringement notices (Schedule 2), and administrative sanctions by the Commission (censure, fines up to $5 000, suspension, cancellation) (regulations 15, 16, 16A, 16B; Schedule 2). The infringement notice mechanism operates under Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 s 36 (regulation 20).

Record keeping and custody. Originals of licences are retained by the Chief Casino Officer, with duplicates forwarded to a casino key employee approved by the Commission, who must keep duplicates in custody (regulation 10). The Chief Casino Officer keeps a register of licences, decisions, letters of censure and other matters affecting licences (regulation 13(4)). Forms for notification of commencement and termination are prescribed (Schedule 1 Forms 4 and 5).

Fees and cost rules. Fees for application and renewal are prescribed (regulation 6(1) and (1a)). Specific lower fees apply in some circumstances (regulation 6(2)), including a fee for fingerprinted applicants. The Commission has discretion to reduce, waive or refund fees (regulation 6(3)).

Provisional licences. The Chief Casino Officer can issue provisional licences under specified conditions intended to protect the integrity of the Casino, including a police certificate requirement where no report under regulation 5(3) has been received, and a general prohibition where the applicant is known to have been convicted of an imprisonable offence unless the Commission approves (regulation 19(1)‑(1a)). Provisional licences are time‑limited, typically 3 months unless extended (regulation 19(4)).

Infringement notices and forms. The regulations prescribe the form of infringement notices and withdrawal notices (Schedule 1 Forms 8 and 9) and map certain contraventions to modified penalties in Schedule 2 (regulations 20‑21). The prescribed modified penalties are substantially lower than the maximum fines that attach to the primary offences in some cases, creating two enforcement pathways.

Directly affected persons and entities. The regulations target four groups primarily:

• Prospective and current casino key employees and casino employees who must apply for, hold and comply with licences and conditions (regulations 3, 4, 9, 14, 15).
• The holder of the Casino Gaming Licence and the Operator (defined in regulation 2(1) to include Genting W.A., the Manager, or any person acting for the Licence holder), because the Operator is the entity responsible for employing, permitting work, notifying commencements and terminations, and supplying information to the Chief Casino Officer (regulations 2(1), 3(1), 11, 12, 13, 18).
• The Gaming and Wagering Commission and the Chief Casino Officer who perform licensing, decision‑making, register maintenance, and enforcement functions (regulations 2(1), 4, 7, 8, 9, 10, 13(4)).
• The Commissioner of Police and Police Force personnel who may be directed to take fingerprints and to investigate applicant/holder character and financial standing and report to the Chief Casino Officer (regulation 5).

Secondary and peripheral stakeholders. The regulations also affect:

• Recruitment and training providers. Applicants must demonstrate relevant experience or successful completion of a Commission‑approved training course in many cases (regulation 4(2)(f)‑(3)). This creates demand for approved training and associated documentation.
• Human resources, compliance and payroll teams within the Operator. They must manage evidence, lodgements, notifications, and liaison with the Chief Casino Officer and Commission, and ensure staff wear Commission‑approved identification (regulations 4, 11, 12, 13, 18).
• Contractors and service providers to the Casino. Regulation 3(3) excludes from the definition of “casino employee” certain categories such as entertainers and maintenance staff , but only where their work is not directly related to gaming. The boundary between excluded and included work may be a compliance and legal risk for purchasing and engagement decisions.
• The workforce under 18. The scheme protects the minimum age of 18 for casino employees and imposes criminal penalties for employing underage persons (regulation 3(1)).

Who pays. Direct monetary burdens fall on applicants and the Operator:

• Applicants pay application and renewal fees prescribed in regulation 6. The fees vary by licence type and circumstances (regulation 6(1), (1a), (2)).
• Operators may face substantial fines for employing unlicensed persons ($50 000) and for failures to notify commencements or to provide information on demand ($10 000 and $10 000 respectively), and for failure to comply with identification display requirements (regulations 3(1), 12, 13(1), 11(1)).
• Licence holders face fines and administrative sanctions from the Commission, including suspension, cancellation, letters of censure, and fines up to $5 000 (regulations 15, 16, 16A, 16B).

Who decides. Decision‑making authority is split:

• The Chief Casino Officer receives applications, conducts investigations, may require biometrics, can issue provisional licences and forwards recommendations to the Commission (regulations 4, 5, 7, 19).
• The Commission has the final decision‑making power on grant or refusal of licences, may impose terms and conditions and suspend or cancel licences, and may impose administrative sanctions (regulations 8, 9, 15, 16, 16A, 16B).
• The Commissioner of Police implements investigations and reports to the Chief Casino Officer (regulation 5).

Who monitors compliance. The Commission and Chief Casino Officer monitor compliance via reporting obligations on the Operator and licence holders, police investigations, register maintenance and infringement notice issuance (regulations 5, 10, 12, 13, 20, 21). The Fines, Penalties and Infringement Notices Enforcement Act 1994 is referenced in Form 8 as the enforcement path should modified penalties remain unpaid.

Duties imposed on Operators

• Prohibition on employing unlicensed persons. The Operator must not employ or permit a person to work as a casino key employee or casino employee unless that person is a current licence holder and aged 18 or over (regulation 3(1)). Penalty for the Operator is $50 000.
• Notification obligations. Operators must notify the Chief Casino Officer within 7 days of an employee commencing work, using a form substantially in compliance with Form 4 (regulation 12). Operators must notify the Chief Casino Officer within 7 days of termination or cessation of employment using Form 5 (regulation 18). Failure to notify commencement carries a $10 000 fine; failure to notify termination carries a $20 000 fine (regulations 12 and 18).
• Information and register cooperation. On written demand from the Chief Casino Officer, the Operator must provide particulars about each current holder (regulation 13(1)‑(2)). Penalty for failure to supply the demanded information is $10 000. Operators must also report particulars of an employee conviction within 7 days where the conviction is one that should be notified (regulation 15(4)).
• Identification display. Operators must ensure each licensed employee wears Commission approved individual identification in a readily visible manner, unless the Chief Casino Officer provides exemptions (regulation 11(1)‑(2)). Penalties attach to failure.

Duties imposed on applicants and licence holders

• Application in person with documentation. Applicants must lodge in person, in an approved form, and provide required identification and documents, including Operator letters and training evidence (regulation 4(1)‑(3)).
• Biometric compliance. Applicants and licence holders may be required to permit fingerprints, palm prints and other identifying measures for police investigation purposes (regulation 4(4)‑(5)). The Chief Casino Officer may require these as a prerequisite to granting a key employee licence (regulation 4(5)).
• Ongoing disclosure. Licence holders must notify the Chief Casino Officer within 7 days of being convicted of any offence (subject to exceptions for modified penalties or other non‑standard dispositions) (regulation 15(3)). Failure to notify is a specific offence attracting a $5 000 penalty. Licence holders are also bound to comply with rules for authorised games and procedures specified in Commission directions (regulation 15(2a)).
• Surrender and renewal. Licence holders may surrender licences by written notice (regulation 17). Renewal must be applied for before expiry and follow the prescribed application process and fee payment (regulation 14A).

Powers and discretionary rights of the Commission and Chief Casino Officer

• Absolute discretion on grant or refusal. The Commission may grant or refuse applications in its absolute discretion and impose terms, conditions or restrictions (regulation 8(1)‑(2)). The Chief Casino Officer makes recommendations based on investigations and may issue provisional licences where appropriate (regulations 7 and 19).
• Ongoing fitness requirements. The Commission may require further information from a licence holder at any time to determine continued fitness (regulation 15(2)). It may also cancel or suspend licences for conviction of an imprisonable offence, non‑fitness, non‑compliance, or material misrepresentation (regulation 15(1)).
• Administrative sanctions short of cancellation. The Commission may serve letters of censure (regulation 16), impose fines up to $5 000 on licence holders (regulation 16A), or combine these measures with suspension or cancellation (regulation 16B).
• Variation on fresh information. The Commission may vary licence terms or approve replacement licences subject to conditions if fresh information relevant to the licence comes to light (regulation 9(4)).

Enforcement mechanisms and remedy paths

• Criminal offence prosecution. Certain failures (for instance, unlicensed employment or failure of a licence holder to notify convictions) are offences with maximum fines set out in the regulations (regulations 3(1)‑(2), 15(3)).
• Administrative sanctions. The Commission may suspend, cancel, censure or fine licence holders (regulations 15, 16, 16A, 16B).
• Infringement notice regime. Schedule 2 lists specified contraventions and modified penalties that can be enforced by infringement notice under the Criminal Procedure Act 2004 as modified by the Gaming and Wagering Commission Act 1987 s 36 (regulations 20‑21 and Schedule 2). Forms for infringement notices and their withdrawal are provided in Schedule 1 Forms 8 and 9.

Rights available to applicants and holders

• Right to hold provisional licences pending decision. Applicants may obtain provisional licences where the Chief Casino Officer determines the issue will not prejudice Casino integrity and police clearances or Commission approval where convictions exist (regulation 19(1)‑(6)).
• Notification and receipt of reasons is provided in writing. The Chief Casino Officer is required to notify applicants in writing of Commission decisions (regulation 8(3)). Conditions, terms or restrictions must be made known in writing when imposed on a licence (regulation 9(3)).
• Fee relief discretion. The Commission can reduce, waive or refund fees prescribed in regulation 6(3).

Limitations and qualifications

• The Commission’s absolute discretion is explicit; the regulations do not prescribe internal appeal mechanisms or a review timetable for decisions (regulation 8(1), 9(3)). The Chief Casino Officer’s discretion to issue provisional licences is subject to integrity considerations but the text gives the Office broad latitude, including the ability to cancel provisional licences at any time (regulation 19(5)).

Penalty architecture in the regulations is layered: statutory maximum fines for offences, modified penalties for selected contraventions enforceable by infringement notice, administrative sanctions by the Commission, and enforcement of unpaid modified penalties under other Acts (as referenced in Form 8).

Statutory maximum fines and criminal offences

• Employer prohibition. The Operator who employs or permits an unlicensed person to work as a casino key employee or casino employee commits an offence carrying a maximum fine of $50 000 (regulation 3(1)).
• Employee offence. A person employed or working in the Casino as a key employee or employee without the relevant current licence, or a person under 18, commits an offence carrying a maximum fine of $10 000 (regulation 3(2)).
• Other contraventions. Failure by licence holders to notify convictions within 7 days is itself an offence with a fine of $5 000 (regulation 15(3)). Failure by the Operator to notify termination or cessation under regulation 18 attracts a fine of $20 000.

Administrative sanctions by the Commission

• Suspension and cancellation. The Commission may cancel or suspend a licence when the holder is convicted of an offence punishable by imprisonment, the Commission considers the holder not fit and proper, the holder fails to comply with requirements, or the licence was granted on false or erroneous information (regulation 15(1)). The Commission must notify the Operator of a cancellation or suspension (regulation 15(1a)).
• Letters of censure. The Commission may issue a letter of censure to licence holders for matters in regulation 15(1) and must forward a copy to the Operator (regulation 16).
• Monetary administrative fines. The Commission may impose a fine up to $5 000 on licence holders in respect of matters in regulation 15(1) (regulation 16A).
• Combination measures. The Commission may combine suspension/cancellation, censure and monetary fines as deemed appropriate (regulation 16B).

Infringement notice scheme and modified penalties

• Schedule 2 lists prescribed offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2, as modified by the Gaming and Wagering Commission Act 1987 s 36 (regulation 20(1)‑(2)). The list and modified penalties are:

  • Regulation 3(1) (general prohibition): modified penalty $5 000 (Schedule 2 item 1).
  • Regulation 11(1) (Operator ensuring display of ID): $500 (item 2).
  • Regulation 11(1a) (employee wearing ID): $250 for casino key employee, $100 for casino employee (item 3).
  • Regulation 12 (notification of commencement): $1 000 (item 4).
  • Regulation 13(1) (information on demand): $1 000 (item 5).
  • Regulation 15(3) (notification of conviction by licence holder): $200 (item 6).
  • Regulation 15(4) (Operator notification of employee conviction): $2 000 (item 7).
  • Regulation 18 (notification of termination): $2 000 (item 8).

• The infringement notice procedure uses prescribed forms (Schedule 1 Form 8 for the notice and Form 9 for withdrawal) and provides for payment within 28 days or prosecution or enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Form 8 text).

Enforcement interactions and multiplicity of paths

• Some contraventions carry both high maximum statutory fines where prosecuted in court and lower modified penalties for infringement notices (for example, regulation 3(1) has a $50 000 maximum but a $5 000 modified penalty in Schedule 2). The choice between prosecuting in court and issuing an infringement notice appears to be left to enforcement authorities and the Commission, subject to the enabling legislation for infringement notices (regulation 20).
• The regulations do not prescribe an internal appeal or review mechanism for Commission decisions. The Commission’s power to impose administrative sanctions and to exercise absolute discretion in licensing and conditionality (regulations 8, 9, 15, 16A) mean affected parties may face administrative action in addition to or instead of criminal or infringement procedures.

Police involvement and information handling

• The Commissioner of Police conducts investigations into applicants and holders and can investigate financial standing (regulation 5(1)‑(2)). The Commissioner reports convictions, associates and antecedents to the Chief Casino Officer and gives an opinion on suitability (regulation 5(3)).
• Biometric records taken for investigations are to be returned by the Commissioner of Police to the Chief Casino Officer for destruction upon completion or discontinuance of the investigation; the Chief Casino Officer must cause their destruction as soon as practicable (regulation 5(4)‑(5)).

Record keeping and custody as enforcement mechanisms

• The original licence is held by the Chief Casino Officer with duplicates forwarded to a Commission‑approved casino key employee who must retain all duplicates in custody (regulation 10). The Chief Casino Officer must maintain a register of licences, decisions, letters of censure and other matters affecting licences to ensure an accurate record (regulation 13(4)). These record and custody provisions give the regulator practical levers to identify unlicensed workers and to enforce notification obligations.

Practical enforcement implications

• The multiplicity of enforcement tools allows the Commission to match the sanction to the contravention: administrative measures for fitness concerns, infringement notices for routine procedural failures, and court prosecutions for serious breaches. The presence of both high maximum fines and lower modified penalties means Operators and licence holders face a range of financial exposure depending on the enforcement route chosen by authorities.

Cross‑referenced statutes

• Casino Control Act 1984. The regulations operate under the Act and refer to its definitions, including the definition of “casino employee” in section 3 of the Act, which regulation 3(3) clarifies for the Burswood context. The regulations also reference the Act’s provisions on authorised games (section 22(2)) and Commission directions (section 24) by requiring licence holders to comply with rules for authorised games and any relevant Commission directions as a condition of licence (regulation 15(2a)).
• Casino (Burswood Island) Agreement Act 1985. Regulation 2(2) adopts the Agreement’s defined terms, so meanings in that Agreement (set out in its clause 2) feed into the regulations. Regulation 2(1) also ties the Operator definition and other terms to the Agreement.
• Gaming and Wagering Commission Act 1987. The Commission is the Gaming and Wagering Commission established under s 4 of that Act; regulation 2(1) makes that explicit. Regulation 20(1) refers to that Act’s section 36 for the modification of the Criminal Procedure Act in respect of infringement notice issuance.
• Criminal Procedure Act 2004. Part 2 of that Act is the mechanism for issuing infringement notices. Regulation 20(1) makes the specified offences in Schedule 2 available for infringement notices under that Act, as modified.
• Fines, Penalties and Infringement Notices Enforcement Act 1994. Form 8 references that Act as the enforcement pathway for unpaid modified penalties and lists potential enforcement actions under it.
• Police powers and information handling. Regulation 5 empowers the Commissioner of Police to investigate and report on applicants and licence holders. The regulations require the destruction of fingerprint and palm print records returned by Police on completion or discontinuance of an investigation (regulation 5(4)‑(5)). The rules here interact with broader police powers and evidence retention regimes but do not themselves modify police investigatory powers.

Administrative law and oversight. The regulations vest decision‑making authority in the Commission with explicit “absolute discretion” language for grants or refusals (regulation 8(1)). The regulations do not provide an internal merits appeal or review mechanism; they do require written notification of decisions and of terms, conditions or restrictions when imposed (regulation 8(3), 9(3)). The text does not specify external review or appeal routes; any judicial review or merits review must be inferred from general administrative law not articulated in the regulations themselves.

Interaction with training and industry regulation. The regulations create demand for Commission‑approved training by requiring evidence of relevant experience or successful completion of an approved course for applicants (regulation 4(2)(f)). The Commission’s power to define types of work and to restrict licences to specified types of work (regulation 3(4) and 8(2)) interacts with industrial arrangements and occupational qualifications.

Data privacy and record destruction. The regulations mandate the destruction of biometric records taken for investigations once investigations are complete or discontinued (regulation 5(4)‑(5)). This creates an explicit procedural obligation for the Commissioner of Police and the Chief Casino Officer to limit retention of biometric data taken for licensing investigations, interacting with broader privacy law and police record retention practices.

Fee regimes and other fee‑setting regulations. Regulation 6 prescribes specific fees and grants the Commission discretion to reduce, waive or refund fees. The compilation table shows frequent amendments and fee adjustments over time, indicating interaction with wider regulations that adjust fees and charges, such as Racing and Gaming Regulations Amendment regulations and the Government’s fees instruments.

Infringement notice regime and criminal procedure. The mapping in Schedule 2 aligns specific regulatory contraventions with modified penalties and prescribes forms under Schedule 1 (regulation 21). The regulations rely on the Criminal Procedure Act 2004 scheme for issuing infringement notices and the Fines, Penalties and Infringement Notices Enforcement Act 1994 for enforcement of unpaid penalties; enforcement includes statutory mechanisms such as garnishment, suspension of licences and other enforcement actions set out in that Act (Form 8 text).

Limits on interplay. The regulations do not on their face change the scope of criminal offences outside the specified contraventions, nor do they provide a statutory right of appeal from Commission decisions. They are implemented and administered within the wider statutory framework discussed above, but many interplays, such as how and when the Commission will choose between infringement notices and court prosecution, are not prescribed in these regulations and will be determined by the Commission’s enforcement practice and the laws they invoke.

The compilation table at the end of the instrument provides a detailed chronological list of amendment instruments and reprints. The regulations were originally made on 16 August 1985. Significant points from the compilation include:

• Multiple amendments in the late 1980s and early 1990s, including amendments in 1987, 1990 and 1991 (see entries for 29 May 1987; 13 Nov 1987; 4 May 1990; 8 Feb 1991). The 1990 amendment also carried an erratum (compilation notes).
• Amendments across the late 1990s and early 2000s, including 1997, 1998 and 1999 instruments; in 1999 new provisions such as regulation 16 and 16A appear to have been introduced in 1999 amendments (see Gazette 5 Feb 1999 p. 406‑7 for insertion of regs 16, 16A, 16B).
• In 1999 regulation 14A on renewal was added (Gazette 2 Jul 1999 p. 2924).
• The compilation documents recurring fee and procedural updates through the 2000s and 2010s, with numerous amendments that adjust fees and timing, including instruments in 2004, 2005, 2006, 2007, 2008, 2009, 2010 and onward, often recorded as “Racing and Gaming Regulations Amendment (Fees and Charges)” instruments (see compilation entries for years 2004-2019).
• Reprints have been produced at intervals: Reprint as at 2 Jan 2001; Reprint 2 as at 23 Jun 2006; Reprint 3 as at 20 Aug 2010; Reprint 4 as at 6 Jun 2014. These reprints consolidate amendments up to the reprint date.
• Recent updates recorded in the compilation include instruments titled Gambling Regulations Amendment Regulations 2025 (SL 2025/35) with commencement on 6 Feb 2025 and Racing and Gaming Regulations Amendment (Fees and Charges) Regulations 2025 (SL 2025/187) with commencement 1 Jan 2026, indicating that fee and regulatory updates continued through 2025 (compilation table entries at the end).
• Individual regulations have specific amendment notes in the body indicating the Gazette dates where textual changes were made (for example, regulation 4 amended 29 May 1987; 4 May 1990; 8 Feb 1991; 7 Sep 2004; 14 Oct 2005; 4 Oct 2016).

What the compilation shows about legislative dynamics

• Frequent fee and administrative adjustments. Many amendments relate to fees and charges, reflected both in regulation 6 and in the compilation table entries referencing Racing and Gambling or Racing and Gaming fee instruments. The Commission’s fee structure has been updated repeatedly, consistent with regulation 6(3) which allows the Commission discretion to manage fees.
• Introduction of administrative sanctions. In 1999 regulations introducing letters of censure and monetary fines for licence holders (regs 16, 16A, 16B) were added (Gazette 5 Feb 1999 p. 406‑7). Prior to these, the sanctions architecture was more limited to suspension, cancellation and criminal fines.
• Incremental refinement rather than wholesale rewrite. The instrument has mostly been subject to incremental amendments rather than a single comprehensive replacement. The presence of multiple reprints indicates periodic consolidation of changes.
• Recent instruments through 2024 and 2025. The compilation records continuing updating into 2025, including SL 2025/35 and SL 2025/187, reflecting ongoing adjustments, notably to fees and certain procedural details.

Limitations of the compilation table for practice

• The compilation lists instruments and commencement dates but does not provide legislative history explaining policy rationales for each amendment. It also does not identify any judicial interpretations or challenges. Practitioners should cross‑check current text against the latest reprint and the Gazette notices for amendment details and commencement dates, and confirm the forms and fee amounts applicable at a given point in time.

The text supplied is a statutory compilation and does not include any reported litigation or judicial decisions concerning these specific regulations. No cases are named in the regulations themselves. The instrument contains no list of judicial determinations, appeals or tribunal decisions that have interpreted these specific regulations.

What the absence of litigation entries means for a reader

• The regulations themselves do not record or annotate case law. The absence of litigation in the text supplied does not mean there has been no litigation; it only means the compilation does not contain such information. Practitioners looking for judicial interpretation of the Commission’s exercise of discretion, the scope of “fit and proper” assessment, or the interaction between infringement notices and court prosecutions will need to search case law databases and tribunal records beyond this instrument.
• Administrative decisions of the Commission about licences, suspensions, cancellations, or the imposition of administrative fines or letters of censure may be subject to review or appeal under administrative law pathways. The regulations do not set out internal merits appeal procedures or a statutory appeal route to a tribunal. Any challenges to Commission decisions would, in practice, be litigated in relevant courts or tribunals and would rely on general administrative law principles. The statutory language in regulation 8(1) giving the Commission “absolute discretion” and the requirement for written notification of decisions (regulation 8(3)) may be relevant factual predicates in any judicial review or other proceedings, but the regulations do not themselves state the availability or limits of judicial review or appeal.
• For practitioners advising clients, the absence of cited cases in the instrument underscores the need to search external sources for precedents on points such as: the limits of the Commission’s discretion; natural justice in licence decision‑making; scope of biometrics and police investigations; and remedies for administrative sanctions. Those searches are outside the scope of this document.

High employer liability and dual pathways to sanction. Regulation 3(1) imposes a maximum $50 000 fine on the Operator for employing or permitting an unlicensed person to work as a casino key employee or casino employee. Schedule 2 item 1, however, lists regulation 3(1) as a prescribed offence for which an infringement notice may be issued with a modified penalty of $5 000. The coexistence of a high maximum statutory fine and a much lower modified penalty means enforcement authorities can choose an infringement notice route for a lower penalty or pursue prosecution for the higher penalty. Operators must treat the $5 000 modified penalty as a routine enforcement risk but be aware that more serious enforcement (and higher fines) remains open.

Reporting timing traps. Multiple notifications must be made within seven days, including commencement notifications (regulation 12), termination notifications (regulation 18), and licence holder notifications of convictions (regulation 15(3)). Failure to comply attracts significant penalties: $10 000 for failure to notify commencement, $20 000 for failure to notify termination, and $5 000 for failure by the licence holder to notify conviction. The short 7‑day window and different monetary exposures create operational risk for HR and payroll functions.

Biometric and policing requirements. The Chief Casino Officer can require fingerprints, palm prints and other means of identification as prerequisites to considering an application or issuing a key employee licence (regulations 4(4)‑(5)). Police investigate applicants and may investigate financial standing (regulation 5(1)‑(2)). While regulation 5(4)‑(5) requires biometric records to be returned and destroyed after the investigation, applicants should expect intrusive checks and plan for potential delays, particularly where police reports are requested. There is also a $59 fee in some circumstances related to fingerprinting (regulation 6(2)(c)). Do not assume biometrics will only be requested in rare cases.

Provisional licence limits and conditions. Provisional licences are time‑limited (3 months by default under regulation 19(4)) and can be cancelled in the Chief Casino Officer’s absolute discretion (regulation 19(5)). They are only to be issued where the Chief Casino Officer believes the issue will not prejudice Casino integrity and, unless a police report is already available, where the applicant provides a police certificate within 3 months (regulation 19(1)(b) and (ba)). Employers cannot rely indefinitely on provisional licences to fill roles while investigations conclude.

Display of identification and exemptions. Employees must wear Commission‑approved identification in a readily visible manner unless an exemption is granted (regulation 11). The Chief Casino Officer may provide written exemptions for specified roles or duties. Operators should proactively seek exemptions where necessary for legitimate safety or operational reasons; absence of an exemption exposes both Operator and employee to infringement penalties (Schedule 2 items 2 and 3).

Conflicting record custody arrangements. Originals of licences are retained by the Chief Casino Officer with duplicates forwarded to a Commission‑approved casino key employee who must retain them (regulation 10). Practically this central custody structure can complicate operations, including verifying employee licences during recruitment, shift changes or audits. Operators should build processes to access and confirm licence status with the Chief Casino Officer and the register the Chief Casino Officer maintains (regulation 13(4)).

Ongoing fitness and information demands. Licences are conditional on continued fitness, and the Commission may require further information from licence holders at any time to determine fitness (regulation 15(2)). The Commission may then cancel or suspend licences based on fresh information (regulations 15(1) and 9(4)). Licence holders should expect ongoing compliance checks and prepare to supply requested documentation promptly.

Mismatch between infringement amounts and regulatory maximums. Several offences in the text carry high maximum fines but much lower modified penalties in Schedule 2. For example, employing an unlicensed person is punished by a $50 000 maximum fine in the regulation but a $5 000 modified penalty as an infringement (regulation 3(1); Schedule 2 item 1). This mismatch creates uncertainty about the practical financial exposure from any particular enforcement action and gives enforcement authorities flexible options.

Operator information demand risk. Under regulation 13(1) the Operator must provide information on any current holder employed or working, or employed at a time specified by the Chief Casino Officer, on written demand. Failure attracts a $10 000 fine. The breadth of the demand power can create burdens for Operators with complex staffing arrangements, casuals, contractors and contractors who may straddle the boundary from non‑casino to casino work (regulation 3(3)). Operators should keep readily accessible records for at least 4 months, noting regulation 13(3) allows demands about persons who have not worked in the prior 4 months.

Interaction with authorised games and Commission directions. Condition of licence includes compliance with rules for authorised games approved under the Casino Control Act 1984 s 22(2) and procedures specified in Commission directions under s 24 (regulation 15(2a)). Licence holders must therefore track not only these regulations but also the separate rules and directions framework, which can change independently. Non‑compliance with those external rules is a ground for cancellation or suspension even if it is not an offence under these regulations.

Fee and renewal administrative risk. Fees and renewal periods are specified but have been amended repeatedly (regulation 6 and compilation table). Renewal must be applied for before expiry (regulation 14A(1)), and renewal has a five‑year term (regulation 14A(2)). Failing to renew in time or misunderstanding which fee applies in specific circumstances (for instance fee reductions for recent licence holders) can create exposure to the higher application fees, processing delays and potential breaches if employees continue working while a renewal application is incomplete.

Checklist for Operators (practical steps and required processes)

1. Licensing and recruitment controls

   • Ensure recruitment screening includes verification that any role classified as a casino key employee or casino employee is filled only by a current licence holder aged 18 or above (regulation 3(1)).
   • Establish HR procedures to confirm licence status with the Chief Casino Officer and to retrieve duplicate licences held by the Commission‑approved casino key employee if necessary (regulation 10).

2. Application support and documentation

   • When sponsoring or employing a prospective licence applicant, provide the required Operator letter addressed to the Chief Casino Officer confirming the applicant will be considered for employment in the specified capacity (regulation 4(2)(d)).
   • Maintain processes to confirm applicants provide original or certified identity documents (birth certificate, passport or other approved ID) as required in regulation 4(2)(c).

3. Training and qualifications

   • Ensure applicants either hold relevant experience or have completed a Commission‑approved training course, and assist in providing evidence of completion. If training will be completed after application, obtain the Chief Casino Officer’s permission for delayed submission of evidence (regulation 4(2)(f) and (3)).

4. Biometric and police checks

   • Prepare to facilitate fingerprinting, palm printing and any other identifying measures required by the Chief Casino Officer and to accommodate any police investigation requests (regulations 4(4) and 5).
   • Keep applicants informed about the likely timeframes for police checks and the provisional licence option where delays may arise (regulation 19).

5. Notifications and reporting

   • Implement processes to notify the Chief Casino Officer within 7 days of commencement of employment using Form 4 (regulation 12) and within 7 days of termination or cessation using Form 5 (regulation 18).
   • Implement a rapid notification process to the Chief Casino Officer within 7 days where an employee of the Operator is convicted of an offence (regulation 15(4)).

6. Records and compliance register

   • Maintain contemporaneous records of licence numbers, types of work restrictions, names and addresses of licence holders and ensure such records can be produced promptly in response to written demand from the Chief Casino Officer (regulation 13(1)‑(2)).
   • Keep records for at least 4 months to respond to demands concerning persons who have not worked in the preceding 4 months (regulation 13(3)).

7. Identification and exemptions

   • Ensure each licensed employee wears Commission‑approved individual identification in a readily visible manner, unless a written exemption from the Chief Casino Officer has been obtained (regulation 11). Document any such exemptions.

8. Provisional licence management

   • Where applicants need to commence work before police reports or final Commission determinations, seek provisional licences from the Chief Casino Officer. Understand provisional licences are generally valid for 3 months and subject to conditions and potential cancellation (regulation 19).

9. Fee management

   • Budget for application and renewal fees as prescribed in regulation 6 and monitor changes recorded in Gazette notices and reprints. Note the Commission’s discretion to reduce, waive or refund fees (regulation 6(3)) if a fee waiver strategy is needed.

Checklist for applicants and licence holders

1. Application in person and documentation

   • Lodge application in person with the Chief Casino Officer on a Commission‑approved form and provide identification, Operator letter and evidence of qualifications/training (regulation 4(1)‑(3)).

2. Biometrics and police cooperation

   • Cooperate with biometric capture and police investigation where requested, and provide a police certificate where required for provisional licences (regulations 4(4)‑(5), 19(1)(ba)).

3. Timely notification of convictions

   • Notify the Chief Casino Officer within 7 days of any conviction (regulation 15(3)). Failure to do so is an offence with a $5 000 penalty.

4. Display of identification

   • Wear Commission‑approved individual identification in a readily visible manner unless exempted (regulation 11(1a)).

5. Renewal and surrender

   • Apply for renewal before expiry following the process in regulation 14A. Surrender licences only by notice in writing to the Commission via the Chief Casino Officer (regulations 14A, 17).

Organisational and compliance design points

• Central compliance owner. Nominate a single point of contact within the Operator for all communications with the Chief Casino Officer and the Commission, and to manage demands under regulation 13(1).
• Standard operating procedures. Prepare SOPs for recruitment checks, notifications (commencement, termination, convictions), and for handling provisional licences and police inquiries. Time critical steps should be captured with reminders for the 7‑day windows.
• Data retention and privacy. Implement procedures for secure handling of identity documents and any biometric data taken at the Operator’s direction. Note that the Chief Casino Officer and Police have their own obligations under regulation 5(4)‑(5) for destruction, but Operators should still handle any data in line with privacy obligations and avoid unnecessary retention.
• Training. Provide training to HR, security and compliance staff on the categories of regulated roles, the difference between casino employees and excluded roles in regulation 3(3), and the need for Commission‑approved identification.
• Audit trail. Document all communications with the Chief Casino Officer and Commission in writing and retain copies of Forms 4 and 5 submitted, any exemptions, and confirmations of licence renewals or cancellations.
• Legal and administrative review. Before taking disciplinary action against a licence holder, consult the licence document and any conditions to ensure actions do not contravene the Commission’s terms. Remember the Commission may vary terms on fresh information (regulation 9(4)).

Operational readiness for inspections and enforcement

• Keep an up‑to‑date list of all current licence holders with name, licence number, licence type, any restrictions on types of work and dates of issue or expiry to produce on demand under regulation 13.
• Ensure a Commission‑approved casino key employee is nominated and trained to maintain duplicate licences in custody as required by regulation 10.
• Maintain a monitoring log to track expiry dates and ensure renewals are lodged in advance per regulation 14A to avoid inadvertent unlicensed employment.

By following these steps and referencing the specific regulatory provisions cited above, Operators and applicants can design processes that address the discrete duties, limit exposure to both modified penalties and higher statutory fines, and prepare for the Commission’s ongoing fitness and disclosure requirements.