Victorian Gambling and Casino Control Commission Act 2011

Mechanically, the Victorian Gambling and Casino Control Commission Act 2011 (the Act) creates a statutory regulator, the Victorian Gambling and Casino Control Commission (the Commission), and sets out its objects, constitution, powers, functions, governance arrangements, investigatory and inquiry powers, staffing, inspectorate and transitional arrangements. The Act defines the Commission as a body corporate (s 6(1)-(2)), establishes the office-holders (Chairperson, Deputy Chairpersons, additional and sessional commissioners) with appointment, term and remuneration rules (ss 11-18), and provides for a chief executive officer responsible for day-to-day management (ss 23A-23B). It gives the Commission broad powers to perform functions under this Act and gambling legislation including the Gambling Regulation Act 2003 and the Casino Control Act 1991 (ss 9, 10).

The Act formalises investigatory mechanisms. The Commission may carry out investigations into regulated persons and matters relevant to gambling legislation (s 32). It may also conduct inquiries, including community interest inquiries that must be conducted in public and for which the Commission must seek submissions and report to the Minister (ss 33-39). The Act establishes an inspectorate: gambling and casino inspectors are appointed by the Chairperson, subject to eligibility checks, criminal-record enquiries and identity-card requirements (ss 40-43). Inspectors have the powers necessary to perform their functions under gambling legislation and, with Commission approval, may bring proceedings (s 42).

The Act sets decision governance and executive oversight arrangements. The Minister may issue decision‑making guidelines (s 5) which must be published in the Government Gazette (s 5(2)) and which the Commission must have regard to when exercising functions under gambling legislation (s 9(4)). The Minister may give written directions to the Commission in relation to performance of functions, but the directions are subject to explicit carve-outs (s 5A): directions cannot be given about the content of Commission advice or reports to the Minister, the granting or cancellation of gambling authorisations, the undertaking of an investigation, or taking disciplinary action (s 5A(2)). Directions must ordinarily be published with reasons, but the Minister may withhold information considered confidential or commercially sensitive (s 5A(3)-(4)).

Version No. 014

Victorian Gambling and Casino Control Commission Act 2011

No. 58 of 2011

Version incorporating amendments as at
1 July 2024

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Words and expressions used in this Act and gambling legislation 4

5 Decision-making guidelines 5

5A Ministerial directions 5

Part 2—The Victorian Gambling and Casino Control Commission 7

Division 1—Establishment, objectives, functions and powers 7

6 Establishment of Commission 7

7 Official seal 7

8 Commission represents the Crown 8

8A Objectives of the Commission 8

9 Functions of the Commission 9

10 Powers of the Commission 11

Division 2—Membership of Commission 11

11 Constitution of Commission 11

12 Eligibility for appointment 12

13 The Chairperson 13

14 Deputy Chairperson 13

15 Additional commissioners 13

15A Sessional commissioners 13

16 Term of appointment 14

17 Remuneration 14

18 Acting appointments 15

19 Vacancies and resignation 16

20 Validity of decisions 17

21 Disclosure of interests 17

22 Protection from liability 17

Division 2A—Chief executive officer 18

23A Chief executive officer 18

23B Terms of appointment of the chief executive officer 19

Division 3—Performance and exercise of the Commission's functions, powers and duties 19

24 Basic requirement 19

25 How may Commission's functions, duties and powers be performed or exercised? 20

26 Meetings and inquiries generally 21

27 Meetings 21

28 Are Commission meetings and inquiries open to the public? 22

Division 4—Staffing and delegation 25

29 Staff 25

30 Delegation 26

31 Conflict of interest and duty 28

Part 3—Investigations and inquiries of Commission 30

Division 1—Investigations 30

32 General power of investigation 30

Division 2—Inquiries 31

Subdivision 1—Inquiries generally 31

33 Inquiries by Commission 31

34 Conduct of inquiry 32

35 Community interest inquiries 32

Subdivision 2—Community interest inquiries 32

36 Application 32

37 Procedure for community interest inquiries 33

38 Minister may require interim report 34

39 Final report to be provided to Minister 34

Part 4—Gambling and casino inspectors 35

40 Appointment 35

41 Criminal records check 36

42 Functions of gambling and casino inspectors 37

43 Identity cards 38

44 Former inspectors 39

Part 5—General 40

44A Review of repeal of Victorian Responsible Gambling Foundation Act 2011 40

45 Regulations 41

Part 6—Savings and transitional provisions 42

46 Definitions 42

47 General transitional provisions 42

48 Inspectors 42

49 Criminal records check 43

50 Statements of policy 44

51 Saving provision concerning change of Act and Commission name 44

Part 7—Transitional provisions for Casino and Liquor Legislation Amendment Act 2022 46

52 Definitions 46

53 Commissioners 46

54 Inspectors 47

55 Former inspectors 47

56 Protection from liability 47

═══════════════

Endnotes 49

1 General information 49

2 Table of Amendments 51

3 Explanatory details 53

Version No. 014

Victorian Gambling and Casino Control Commission Act 2011

No. 58 of 2011

Version incorporating amendments as at
1 July 2024

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

S. 1(a) amended by No. 54/2021 s. 35.

(a) to establish the Victorian Gambling and Casino Control Commission; and

S. 1(b) amended by No. 54/2021 s. 35, substituted by No. 26/2022 s. 27.

(b) to provide for the Commission's functions, powers and governance; and

S. 1(c) substituted by No. 26/2022 s. 27.

(c) to provide for the appointment of gambling and casino inspectors and the conduct of investigations and inquiries by the Commission.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision referred to in subsection (1) does not come into operation before 31 December 2012, it comes into operation on that day.

3 Definitions

In this Act—

bookmaker has the same meaning as it has in section 1.3 of the Gambling Regulation Act 2003;

Chairperson means Chairperson of the Commission appointed under section 13;

S. 3 def. of Commission amended by No. 54/2021 s. 36.

Commission means Victorian Gambling and Casino Control Commission established under Part 2;

commissioner means a member of the Commission appointed under Part 2;

community interest inquiry means an inquiry to which Subdivision 2 of Division 2 of Part 3 applies;

Deputy Chairperson means a Deputy Chairperson of the Commission appointed under section 14;

S. 3 def. of gambling and liquor inspector substituted as gambling and casino inspector by No. 26/2022 s. 28(a).

gambling and casino inspector means an inspector appointed under section 40;

gambling authorisation means—

(a) a licence, permit, approval, authorisation or registration granted, issued, given or approved under the Gambling Regulation Act 2003 or the Casino Control Act 1991; or

(b) a gaming machine entitlement; or

gambling legislation means—

(a) the Gambling Regulation Act 2003;

(b) the Casino Control Act 1991;

(d) regulations made under an Act referred to in paragraph (a), (b) or (c);

inquiry means an inquiry conducted under Division 2 of Part 3;

S. 3 def. of liquor authorisation repealed by No. 26/2022 s. 28(b).

S. 3 def. of liquor legislation repealed by No. 26/2022 s. 28(b).

S. 3 def. of regulated person amended by No. 26/2022 s. 28(c).

regulated person means—

(a) the holder of a gambling authorisation; or

(b) an operator or nominee under a gambling authorisation; or

(d) an entitlement holder connected person;

S. 3 def. of restricted person amended by Nos 64/2014 s. 47(b), 26/2022 s. 28(d).

restricted person means—

(a) a commissioner;

(b) a gambling and casino inspector;

(c) a person appointed by the Commission as an authorised person under section 1.3(3) of the Gambling Regulation Act 2003;

S. 3 def. of sessional com-missioner inserted by No. 64/2014 s. 47(a).

sessional commissioner means a commissioner appointed under section 15A.

Note to s. 3 substituted by No. 26/2022 s. 28(e).

Note

This Act uses expressions that are defined in the Gambling Regulation Act 2003. Section 4 provides that they are to have the same meaning in both Acts unless the context otherwise requires.

S. 4 (Heading) amended by No. 26/2022 s. 29(1).

4 Words and expressions used in this Act and gambling legislation

(1) Words and expressions used in gambling legislation and in this Act have the same respective meanings in this Act as they have in that Act.

S. 4(2) repealed by No. 26/2022 s. 29(2)(a).

S. 4(3) amended by No. 26/2022 s. 29(2)(b).

(3) Subsection (1) does not apply to the extent that the context or subject matter otherwise indicates or requires.

5 Decision-making guidelines

S. 5(1) amended by No. 26/2022 s. 30.

(1) The Minister may issue decision-making guidelines in respect of the regulation of gambling.

(2) Decision-making guidelines issued by the Minister under this section must be published in the Government Gazette.

S. 5A inserted by No. 26/2022 s. 31.

5A Ministerial directions

(1) Subject to subsection (2), the Minister may give a written direction to the Commission in relation to the performance of its functions and duties or the exercise of its powers.

(2) A direction cannot be given under this section in relation to—

(a) the content of any advice, report or recommendation given to the Minister by the Commission; or

(b) the granting, issuing, variation, suspension or cancellation of a gambling authorisation; or

(d) the taking of disciplinary action under gambling legislation.

(3) Subject to subsection (4), the Minister must cause to be published in the Government Gazette—

(a) a direction given under this section; and

(b) the reasons for giving the direction.

(4) The Minister is not required to publish any information under subsection (3) that in the Minister's opinion is confidential or commercially sensitive.

(5) To avoid doubt, subsection (2) does not affect a power of the Minister to give directions to the Commission under another Act.

Example

Under section 24 of the Casino Control Act 1991 the Minister may direct the Commission to investigate a casino.

Pt 2 (Heading) amended by No. 54/2021 s. 37(1).

Part 2—The Victorian Gambling and Casino Control Commission

Pt 2 Div. 1 (Heading) amended by No. 26/2022 s. 32.

Division 1—Establishment, objectives, functions and powers

6 Establishment of Commission

S. 6(1) amended by No. 54/2021 s. 37(2).

(1) The Victorian Gambling and Casino Control Commission is established.

(2) The Commission—

(a) is a body corporate with perpetual succession;

(b) has an official seal;

(d) may do and suffer all acts and things that a body corporate may by law do or suffer.

S. 6(3) inserted by No. 54/2021 s. 37(3).

(3) Despite the change in the name of the Commission made by section 37(2) of the Casino and Gambling Legislation Amendment Act 2021, the Commission continues to be the same body after as before that change and that change does not affect any act, matter or thing.

7 Official seal

(1) The official seal of the Commission must—

(a) be kept in such custody as the Commission directs;

(b) not be used except as authorised by the Commission.

(2) All courts must take judicial notice of the seal of the Commission affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

8 Commission represents the Crown

In performing its functions and exercising its powers, the Commission represents the Crown.

S. 8A inserted by No. 26/2022 s. 33.

8A Objectives of the Commission

The objectives of the Commission are—

(a) to maintain and administer systems for the licensing, supervision and control of gambling businesses and casinos, for the purpose of—

(i) ensuring that the management and operation of gambling businesses and casinos remain free from criminal influence and exploitation through oversight of those gambling businesses and casinos and liaison with other regulatory agencies; and

(ii) ensuring that gambling conducted or operated by a gambling business and gaming and betting in a casino are conducted or operated honestly; and

S. 8A(a)(iii) substituted by No. 25/2024 s. 16(1).

(iii) reducing gambling harm experienced by patrons of gambling businesses and casinos; and

S. 8A(b) amended by No. 25/2024 s. 16(2).

(b) to minimise gambling harm.

9 Functions of the Commission

(1) The functions of the Commission are—

S. 9(1)(a) amended by No. 26/2022 s. 34(1)(a)(i).

(a) to perform the regulatory, investigative and disciplinary functions conferred on the Commission by or under this Act, the Gambling Regulation Act 2003, the Casino Control Act 1991, the Racing Act 1958 or any other Act;

S. 9(1)(b) amended by No. 26/2022 s. 34(1)(a)(ii).

(b) to undertake licensing, approval, authorisation and registration activities under gambling legislation or any other Act;

S. 9(1)(c) amended by No. 26/2022 s. 34(1)(a)(iii).

S. 9(1)(d) amended by No. 26/2022 s. 34(1)(a)(iii).

(d) to detect and respond to contraventions of gambling legislation;

S. 9(1)(e) amended by No. 26/2022 s. 34(1)(a)(ii).

(e) to advise the Minister in relation to the Commission's functions under gambling legislation and the Racing Act 1958;

S. 9(1)(f) amended by No. 26/2022 s. 34(1)(a)(iii).

(f) to advise the Minister on the operation of gambling legislation;

S. 9(1)(g) amended by No. 26/2022 s. 34(1)(a)(iv).

(g) to ensure Government policy in relation to gambling is implemented;

S. 9(1)(h) substituted by No. 26/2022 s. 34(1)(b).

(h) to inform and educate the public about—

(i) the Commission's regulatory practices and requirements; and

(ii) Government policy in relation to gambling;

S. 9(1)(i) inserted by No. 26/2022 s. 34(1)(b), amended by No. 25/2024 s. 17(1).

(i) to undertake activities to minimise gambling harm;

S. 9(1)(j) inserted by No. 25/2024 s. 17(2).

(j) to conduct and facilitate education and information programs—

(i) to promote behaviours that reduce gambling harm; and

(ii) to increase community awareness of the risks associated with gambling; and

(iii) to encourage people to seek help in relation to gambling harm;

S. 9(1)(k) inserted by No. 25/2024 s. 17(2).

(k) to advise the Minister, at the Minister's request, on any matter related to the Commission's functions under paragraph (j).

S. 9(2) amended by No. 26/2022 s. 34(1)(c).

(2) The Commission also has the function of informing itself, in the manner it sees fit, as to its functions and the operation of the Gambling Regulation Act 2003, the Casino Control Act 1991 and the Racing Act 1958.

S. 9(3) substituted by No. 26/2022 s. 34(2).

(3) When performing functions or duties or exercising powers under this Act, the Gambling Regulation Act 2003, the Casino Control Act 1991, the Racing Act 1958 or any other Act, the Commission must have regard to—

(a) the objects of the Act conferring functions, duties or powers on the Commission; and

(b) the objectives of the Commission set out in section 8A.

S. 9(4) substituted by No. 26/2022 s. 34(3).

(4) When performing functions or duties or exercising powers under gambling legislation, the Commission must have regard to any decision-making guidelines issued by the Minister under section 5.

S. 9(5) inserted by No. 26/2022 s. 34(4).

(5) When performing functions or duties or exercising powers, the Commission must comply with any directions of the Minister under section 5A.

10 Powers of the Commission

(1) Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its duties and functions under—

(a) this Act;

(b) gambling legislation;

S. 10(1)(c) repealed by No. 26/2022 s. 35.

(d) the Racing Act 1958;

(e) any other Act;

(f) regulations made under any Act referred to in paragraph (a), (d) or (e).

(2) Without limiting subsection (1), the Commission may engage consultants, contractors or agents for or in connection with the performance of its functions and duties.

Division 2—Membership of Commission

11 Constitution of Commission

(1) The Commission consists of—

(a) a commissioner appointed as Chairperson;

(b) one or more commissioners (other than the Chairperson) appointed as Deputy Chairpersons;

S. 11(1)(c) amended by No. 64/2014 s. 48.

(c) as many additional and sessional commissioners as the Minister considers necessary to enable the Commission to perform its functions.

(2) Commissioners are appointed by the Governor in Council on the recommendation of the Minister.

(3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a commissioner in respect of the office of commissioner.

S. 11(4) inserted by No. 9/2018 s. 24.

(4) For the purposes of the Public Administration Act 2004, the Commission is the Commission as constituted under subsection (1), other than sessional commissioners.

S. 12 substituted by No. 26/2022 s. 36.

12 Eligibility for appointment

(1) When recommending persons for appointment as commissioners, the Minister must ensure as far as is practicable that collectively the commissioners have the following—

(a) regulatory experience;

(b) financial or commercial qualifications or experience;

(d) any other qualifications, experience or expertise that the Minister considers relevant.

(2) Despite subsection (1), a person is not eligible for appointment as a commissioner if the person has, at any time in the previous 2 years, been employed by, or significantly associated with—

(a) a key operative; or

(b) a bookmaker; or

13 The Chairperson

S. 13(1) amended by No. 26/2022 s. 37(a).

(1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person as Chairperson.

(2) The Chairperson is to be appointed on a full-time or part-time basis, on the terms and conditions determined by the Governor in Council.

14 Deputy Chairperson

S. 14(1) amended by No. 26/2022 s. 37(b).

(1) The Governor in Council, on the recommendation of the Minister, may appoint one or more eligible persons as Deputy Chairpersons.

(2) The appointment may be on a full-time or part-time basis, on the terms and conditions determined by the Governor in Council.

15 Additional commissioners

S. 15(1) amended by No. 26/2022 s. 37(b).

(1) The Governor in Council, on the recommendation of the Minister, may appoint eligible persons as additional commissioners.

(2) The appointment may be on a full-time or part-time basis, on the terms and conditions determined by the Governor in Council.

S. 15A inserted by No. 64/2014 s. 49.

15A Sessional commissioners

S. 15A(1) amended by No. 26/2022 s. 37(c).

(1) The Governor in Council, on the recommendation of the Minister, may appoint eligible persons as sessional commissioners.

(2) The appointment of a sessional commissioner is to be on a part-time or daily basis, on the terms and conditions determined by the Governor in Council.

(3) A sessional commissioner may be appointed—

(a) for a specific period; or

(b) for a specific matter.

(4) If the instrument of appointment of a sessional commissioner specifies that the commissioner is appointed for the purposes of a specific matter, the commissioner—

(a) must be allocated to that matter; and

(b) may perform the functions of a commissioner only in relation to that matter.

S. 15A(5) inserted by No. 9/2018 s. 25.

(5) If a sessional commissioner is appointed for a specified period without a specified purpose as set out in subsection (3)—

(a) the Chairperson may allocate the sessional commissioner to a matter as the Chairperson sees fit; and

(b) the sessional commissioner may perform the functions of a commissioner in relation to that matter.

16 Term of appointment

A commissioner—

(a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment;

(b) is eligible for re-appointment for a further term or terms.

17 Remuneration

A commissioner is entitled to the remuneration specified in his or her instrument of appointment.

18 Acting appointments

S. 18(1) amended by No. 64/2014 s. 50.

(1) The Minister may appoint a person to act in the office of commissioner (other than as a sessional commissioner), for a period not exceeding 6 months—

(a) if a commissioner is absent or, for any other reason, is unable to perform the duties of office; or

(b) during a vacancy in the office of commissioner; or

(c) if the Minister considers that an appointment under this section is necessary to assist the Commission in the performance of its functions.

(2) An acting commissioner is eligible for re‑appointment for a further term or terms.

(3) The Minister may—

(a) determine the terms and conditions of appointment of an acting commissioner; and

(b) terminate the appointment at any time.

(4) While acting in a commissioner's place, the acting commissioner—

(a) has and may perform all the functions of the commissioner; and

(b) is entitled to be paid the remuneration to which the commissioner would have been entitled.

(5) The Minister may appoint a commissioner to act in the office of Chairperson if the Chairperson is absent or, for any other reason, is unable to perform the duties of office.

(6) While acting in the Chairperson's place, the acting Chairperson—

(a) has and may perform all the functions of the Chairperson; and

(b) is entitled to be paid the remuneration to which the Chairperson would have been entitled.

(7) A person appointed under this section may resign from that acting appointment by notice in writing delivered to the Minister.

19 Vacancies and resignation

(1) A commissioner's office becomes vacant if he or she—

(a) becomes bankrupt; or

(b) is convicted in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or

(d) resigns by notice in writing delivered to the Governor in Council.

(2) The Governor in Council, on the recommendation of the Minister, may remove a commissioner from office if the commissioner—

(a) has refused, neglected, or failed to carry out the functions or duties of office;

(b) has engaged in misconduct in carrying out the functions, powers or duties of office.

(3) If a commissioner is removed from office under subsection (2), the Minister must cause to be laid before each House of the Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal.

20 Validity of decisions

A decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of a commissioner or acting commissioner.

21 Disclosure of interests

(1) If a commissioner has an interest in a matter being considered, or about to be considered, by the Commission, he or she must, as soon as practicable after the relevant facts come to his or her knowledge, disclose the nature of the interest to the Chairperson.

(2) If the Chairperson has an interest in a matter being considered, or about to be considered, by the Commission, he or she must, as soon as practicable after the relevant facts come to his or her knowledge, disclose the nature of the interest to the Minister.

(3) The Commission must make guidelines specifying the types of interests that a commissioner must disclose for the purposes of this section.

(4) The Commission must cause guidelines made under this section to be published on the Internet site of the Commission.

22 Protection from liability

(1) A commissioner, a delegate of the Commission, or a delegate of a commissioner is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function under—

(i) this Act; or

(ii) gambling legislation; or

S. 22(1)(a)(iii) repealed by No. 26/2022 s. 38(a).

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under—

(i) this Act; or

S. 22(1)(b)(ii) substituted by No. 26/2022 s. 38(b).

(ii) gambling legislation.

S. 22(1)(b)(iii) repealed by No. 26/2022 s. 38(b).

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a commissioner or delegate attaches instead to the Commission.

S. 23 repealed by No. 26/2022 s. 39.

Pt 2 Div. 2A (Heading and ss 23A, 23B) inserted by No. 9/2018 s. 26.

Division 2A—Chief executive officer

S. 23A inserted by No. 9/2018 s. 26.

23A Chief executive officer

(1) There is to be a chief executive officer of the Commission, appointed by the Commission in consultation with the Minister.

(2) The chief executive officer is responsible to the Commission for the day-to-day management and administration of the affairs of the Commission.

(3) The chief executive officer must not be a commissioner.

S. 23B inserted by No. 9/2018 s. 26.

23B Terms of appointment of the chief executive officer

(1) The chief executive officer is appointed subject to the terms and conditions (including remuneration and allowances) set out in the instrument of appointment.

(2) The Commission, in consultation with the Minister, may remove the chief executive officer from office.

(3) The chief executive officer may resign office by writing signed by the chief executive officer and delivered to the Commission.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the chief executive officer in respect of the chief executive officer's appointment.

Division 3—Performance and exercise of the Commission's functions, powers and duties

24 Basic requirement

(1) The Commission must endeavour to perform its functions and duties and exercise its powers without undue formality, and as expeditiously as practicable, as the requirements of this or any other Act and the proper consideration of the subject matter permit.

(2) Without limiting subsection (1), the Commission is required to inform an applicant of the Commission's decision in respect of the applicant's matter, and any other party to that matter, as soon as practicable after making the decision.

S. 24(3) amended by No. 26/2022 s. 40.

(3) For the purposes of subsection (2), an applicant is a person who has applied for a gambling authorisation that the Commission may grant, issue or give.

25 How may Commission's functions, duties and powers be performed or exercised?

(1) A function, duty or power of the Commission is to be performed or exercised by the Commission at a meeting, or an inquiry, in accordance with this Division and Division 2 of Part 3.

S. 25(1A) inserted by No. 49/2021 s. 61.

(1A) Subsection (1) does not apply to a function, duty or power performed or exercised by the Commission in conducting a compulsory conference under Division 2A of Part 9 of the Liquor Control Reform Act 1998.

(2) A function of the Commission that an Act or subordinate instrument provides may be performed by any commissioner may also be performed by the Commission at a meeting convened or inquiry arranged in accordance with this Division and Division 2 of Part 3.

(3) In performing a function or duty the Commission—

(a) except when exercising a power under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958, is not bound by the rules of evidence but may inform itself in any way it thinks fit;

Note

See section 33(3).

(b) is bound by the rules of natural justice.

S. 25(4) inserted by No. 9/2018 s. 27.

(4) An appeal against a decision of the Commission under section 3.3.17, 3.5.33M, 8.3.4, 8.3.18, 8.4.20, 8.5A.4 or 9A.1.7 of the Gambling Regulation Act 2003 must be heard by at least 3 commissioners one of whom must be the Chairperson or a Deputy Chairperson.

26 Meetings and inquiries generally

(1) The Chairperson—

(a) must convene as many meetings of the Commission as he or she considers necessary for the efficient conduct of its affairs;

(b) may arrange for the Commission to conduct an inquiry.

(2) A meeting convened, or inquiry arranged, in accordance with this section, may be conducted at a place determined by the Chairperson.

S. 26(3) amended by No. 9/2018 s. 28(1).

(3) The Chairperson, or in his or her absence and if there is no acting Chairperson, a Deputy Chairperson, is to preside at a meeting of the Commission.

S. 26(4) amended by No. 26/2022 s. 41.

(4) Subject to this Act or gambling legislation, the Commission may regulate its own procedure.

S. 26(5) inserted by No. 9/2018 s. 28(2).

(5) If the Chairperson arranges an inquiry to be conducted by 3 or more commissioners, the Chairperson may be the presiding commissioner, or must appoint one of the commissioners to be the presiding commissioner.

27 Meetings

(1) A meeting of the Commission may be conducted by telephone, closed circuit television or other means of communication that does not require the physical presence of each commissioner in the same room.

(2) The quorum for a meeting of the Commission is 3 commissioners, at least one of whom must be the Chairperson or a Deputy Chairperson.

S. 27(2A) inserted by No. 64/2014 s. 51.

(2A) If a sessional commissioner has been appointed for a specific matter, the quorum for a meeting of the Commission that is to perform any function in relation to that matter must include that sessional commissioner.

(3) A matter arising at a meeting is determined by a majority of votes of the commissioners present and voting on the question and the person presiding has a deliberative vote and, if voting is equal, a second or casting vote.

28 Are Commission meetings and inquiries open to the public?

(1) The Commission may conduct meetings and inquiries in public or private.

(2) However, an inquiry conducted for the purposes of making a finding or a determination relating to any of the following matters must be conducted in public unless the Commission determines, under subsection (3), that there are special circumstances requiring that the inquiry or part of it should be conducted in private—

S. 28(2)(a)–(d) repealed by No. 26/2022 s. 42.

(e) an application for approval of premises for gaming under Part 3 of Chapter 3 of the Gambling Regulation Act 2003;

(f) an application for a venue operator's licence under Division 2 of Part 4 of Chapter 3 of the Gambling Regulation Act 2003;

(g) a proposed amendment to a venue operator's licence to—

(i) vary the days or dates on which 24 hour gaming is permitted;

(ii) add a new condition to specify days or dates on which 24 hour gaming is permitted;

(iii) increase the number of gaming machines permitted in an approved venue so that the approved venue will have more than 10% more than the number of gaming machines permitted in the venue at the time of the proposed amendment;

(iv) increase the number of gaming machines permitted in an approved venue within 2 years after the Commission has approved an increase of not more than 10% in the number of gaming machines permitted in the venue;

S. 28(2)(g)(v) repealed by No. 62/2017 s. 66.

S. 28(2)(g)(vi) repealed by No. 62/2017 s. 59.

(h) approval of gaming machine types and games under section 3.5.4 of the Gambling Regulation Act 2003;

(i) variation of gaming machine types and games under section 3.5.5 of the Gambling Regulation Act 2003;

(j) withdrawal of gaming machine types and games under section 3.5.6 of the Gambling Regulation Act 2003;

(k) approval to install a linked jackpot arrangement referred to in section 3.5.7 of the Gambling Regulation Act 2003;

(l) the making of rules under section 3.5.23 of the Gambling Regulation Act 2003;

(m) any matters in relation to an application under Chapter 4 of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act);

(n) any matters in relation to an application under Chapter 6A of the Gambling Regulation Act 2003 (other than an application under Part 3 of that Chapter of that Act);

(o) any of the following under the Casino Control Act 1991—

(i) the granting of a casino licence under section 13 of that Act;

(ii) the amendment of the conditions of a casino licence under section 16 of that Act;

(iii) the definition or redefinition of boundaries of a casino under section 17 of that Act;

(iv) the giving or varying of a direction about the days and times of operation of a casino under section 65 of that Act.

(3) The Commission may direct that an inquiry or part of it be conducted in private if the Commission considers that special circumstances of a kind specified in paragraph (a) or (b) exist—

(a) to prevent the unreasonable divulgence of information relating to the personal affairs of any person (including a deceased person); or

(b) it is otherwise in the interests of justice or the public interest to do so.

(4) The Commission must advise that the Commission is conducting an inquiry in public by notice published on the Internet site of the Commission.

(5) In the notice published under subsection (4), the Commission must—

(a) specify the type of inquiry being conducted; and

(b) specify the date of, time of and place of the inquiry.

Division 4—Staffing and delegation

29 Staff

S. 29(1) amended by No. 26/2022 s. 43.

(1) Any employees that are necessary for the purposes of performing the functions of the Commission under this Act, gambling legislation or any other Act may be employed under Part 3 of the Public Administration Act 2004.

(2) The Commission may enter into agreements or arrangements for the use of the services of any staff of a government department, statutory authority or other public body.

S. 29(3) amended by No. 26/2022 s. 43.

(3) The Commission may, by instrument, nominate a person by name to assist or advise the Commission in the performance of functions under this Act, gambling legislation or any other Act.

(4) A nomination under subsection (3) must specify the functions in relation to which the nominated person is to assist or advise the Commission.

(5) A nomination under subsection (3) remains in force for the period determined by the Commission and may be extended from time to time by the Commission.

30 Delegation

S. 30(1) amended by No. 26/2022 s. 44(1).

(1) The Commission may, by instrument, delegate any power, function or duty of the Commission under any Act or subordinate instrument to a commissioner (other than a function under section 10.1.32(3) of the Gambling Regulation Act 2003).

(2) The Commission may, by instrument, delegate any power, function or duty of the Commission under any Act or subordinate instrument (other than a function specified in subsection (3)) to—

S. 30(2)(aa) inserted by No. 26/2022 s. 44(2).

(aa) the chief executive officer;

(a) a member of staff employed under section 29;

(b) a person employed under Part 3 of the Public Administration Act 2004.

S. 30(3) amended by Nos 64/2014 s. 52(1), 26/2022 s. 44(3)(a).

(3) The following functions of the Commission are not delegable under subsection (2)—

(a) a function under section 10.1.32(3) of the Gambling Regulation Act 2003;

S. 30(3)(b) substituted by No. 26/2022 s. 44(3)(b).

(b) a decision to take disciplinary action under section 20 of the Casino Control Act 1991;

S. 30(3)(c) substituted by No. 26/2022 s. 44(3)(b).

S. 30(3)(d) substituted by No. 26/2022 s. 44(3)(b).

(d) the approval of a major change under section 28 of the Casino Control Act 1991.

S. 30(3A) inserted by No. 64/2014 s. 52(2), repealed by No. 26/2022 s. 44(4).

(4) A single commissioner may, by instrument, delegate to an employee or member of staff referred to in section 29 any function that may be performed by a commissioner under—

(a) section 3.3.16 of the Gambling Regulation Act 2003;

(b) section 4.5A.5 of the Gambling Regulation Act 2003;

(d) section 5.7.9 of the Gambling Regulation Act 2003;

(e) section 8.3.3 of the Gambling Regulation Act 2003;

(f) section 8.3.13 of the Gambling Regulation Act 2003;

(g) section 8.5A.3 of the Gambling Regulation Act 2003;

(h) sections 9A.1.5 and 9A.1.6 of the Gambling Regulation Act 2003;

(i) sections 44, 45 and 45A of the Casino Control Act 1991.

S. 30(5) repealed by No. 26/2022 s. 44(4).

S. 30(6) inserted by No. 9/2018 s. 29, repealed by No. 26/2022 s. 44(4).

31 Conflict of interest and duty

(1) A restricted person must not be an employee of—

(a) a key operative; or

(b) a bookmaker; or

Penalty: 60 penalty units.

(2) A person who ceases to be a commissioner must not, at any time during the next 2 years, be employed by, or significantly associated with—

(a) a key operative; or

(b) a bookmaker; or

Penalty: 60 penalty units.

(3) Unless the Commission otherwise approves, a person who ceases to be a restricted person must not, at any time during the next 2 years, be employed or significantly associated with—

(a) a key operative; or

(b) a bookmaker; or

Penalty: 60 penalty units.

(4) A key operative, bookmaker or commercial raffle organiser must not employ, or be significantly associated with, a person prohibited by subsection (2) or (3) or by section 44 from being so employed or associated.

Penalty: 60 penalty units.

Part 3—Investigations and inquiries of Commission

Division 1—Investigations

32 General power of investigation

S. 32(1) amended by No. 26/2022 s. 45(1).

(1) For the purposes of performing its functions or duties, or exercising its powers under this Act or gambling legislation, the Commission may carry out investigations.

(2) An investigation under this Division may include (but is not limited to) an investigation of any or all of the following—

(a) a person who, in the opinion of the Commission, is a regulated person;

(b) the conduct and practices of a person referred to in paragraph (a);

S. 32(2)(d) substituted by No. 26/2022 s. 45(2)(a).

(d) a person who, in the opinion of the Commission, could affect the performance of functions in or in relation to the conduct of the operations of a regulated person under a gambling authorisation;

S. 32(2)(e) substituted by No. 26/2022 s. 45(2)(a).

(e) a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a regulated person in relation to functions in or in relation to the conduct of operations under a gambling authorisation;

S. 32(2)(f) repealed by No. 26/2022 s. 45(2)(b).

(g) an investigation under section 91A or 94A(5D) of the Racing Act 1958;

S. 32(2)(h) amended by No. 26/2022 s. 45(2)(c).

(h) matters relevant to the functions, powers or duties of the Commission or the operation of gambling legislation.

(3) An investigation under this Division may include making an enquiry of a preliminary nature.

Division 2—Inquiries

Subdivision 1—Inquiries generally

33 Inquiries by Commission

S. 33(1) amended by No. 26/2022 s. 46.

(1) The Commission may conduct an inquiry for the purposes of performing its functions or duties, or exercising its powers under this Act or gambling legislation.

(2) At least one commissioner must preside at an inquiry.

S. 33(3) amended by No. 67/2014 s. 147(Sch. 2 item 43).

(3) When conducting an inquiry for the purposes of performing its functions under section 9(1)(a), (b), (c) or (d) the Commission is taken to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before the repeal of that Division, applies accordingly.

S. 33(4) inserted by No. 64/2014 s. 53.

(4) If a sessional commissioner has been appointed for a specific matter, that sessional commissioner must sit on any inquiry in relation to that matter.

S. 33(5) inserted by No. 9/2018 s. 30.

(5) When the Commission is conducting an inquiry for the purposes of a function referred to in section 30(3)(c), the commissioner who initiated the inquiry may sit on the inquiry.

34 Conduct of inquiry

S. 34 amended by No. 26/2022 s. 47.

Subject to this Act and gambling legislation, the Commission may conduct any inquiry in any manner the Commission considers appropriate.

Note

As to which provisions of this Act the section is subject to, see, for example, sections 25(3) and 33(3).

35 Community interest inquiries

(1) The Commission may determine that an inquiry it is proposing to, or must, conduct is a community interest inquiry.

(2) In making a determination under subsection (1), the Commission must have regard to the subject matter of the proposed inquiry and the functions, powers and duties it will perform or exercise for the purposes of that inquiry.

S. 35(3) amended by No. 26/2022 s. 48.

(3) If directed to do so by the Minister, the Commission must conduct a community interest inquiry into any matter specified by the Minister that is relevant to the administration of this Act or gambling legislation.

(4) A direction made by the Minister under subsection (3) must be in writing.

(5) The Commission must make a report to the Minister on the results of a community interest inquiry conducted at the direction of the Minister under subsection (3).

Subdivision 2—Community interest inquiries

36 Application

This Subdivision applies to an inquiry—

(a) that the Commission has determined is a community interest inquiry;

(b) that the Minister has directed the Commission to conduct under section 35(3).

37 Procedure for community interest inquiries

(1) The Commission must conduct a community interest inquiry in public.

(2) In conducting a community interest inquiry, the Commission may—

(a) determine the area or locality in the State to which the inquiry relates;

(b) call for submissions from interested organisations and members of the public;

(c) consult with persons or bodies the Commission considers appropriate and seek submissions from those persons and bodies.

(3) The Commission must advise that a community interest inquiry is being conducted by the Commission—

(a) by notice published in the Government Gazette; and

(b) by notice published on the Internet site of the Commission; and

(c) if the inquiry relates to a particular area or locality—by notice published in a newspaper circulating in the area or locality to which the inquiry relates.

(4) The Commission must—

(a) in the notices required to be published under subsection (3), invite the public to make submissions to the Commission in relation to the community interest inquiry within the time specified in those notices;

(b) set out the manner and form in which submissions may be made.

(5) All submissions made to the Commission that—

(a) relate to the subject matter of the community interest inquiry; and

(b) are made within the time, manner and form specified by the Commission in the notices required to be published under subsection (3)—

must be considered by the Commission before the community interest inquiry is concluded.

38 Minister may require interim report

(1) The Minister may, in writing, request the Commission to provide an interim report, within a time specified by the Minister, on any community interest inquiry being conducted by the Commission before the inquiry is concluded.

(2) An interim report made by the Commission and given to the Minister under subsection (1) may be made orally or may be in writing.

39 Final report to be provided to Minister

(1) At the conclusion of a community interest inquiry, the Commission must give the Minister a report on the outcomes of the inquiry.

(2) A report made by the Commission and given to the Minister under subsection (1) must be in writing.

Pt 4 (Heading) amended by No. 26/2022 s. 49.

Part 4—Gambling and casino inspectors

40 Appointment

S. 40(1) amended by No. 26/2022 s. 50(a).

(1) The Chairperson may, by instrument, appoint as a gambling and casino inspector for the purposes of this Act, gambling legislation or the Racing Act 1958 a person employed under Part 3 of the Public Administration Act 2004 who, in the Chairperson's opinion—

(a) is competent to perform the functions of an inspector; and

(b) is of good reputation, having regard to character, honesty and integrity.

S. 40(2) amended by No. 26/2022 s. 50(b)(i).

(2) Unless the Chairperson considers that there are special circumstances, the Chairperson cannot appoint as a gambling and casino inspector a person who is, or at any time in the previous 2 years has been—

S. 40(2)(a) repealed by No. 26/2022 s. 50(b)(ii).

(b) employed by, or significantly associated with—

(i) a key operative; or

(ii) a bookmaker; or

(iii) a commercial raffle organiser; or

(iv) the holder of an on-course wagering permit.

S. 40(3) amended by No. 26/2022 s. 50(c).

(3) Unless the Chairperson considers that there are special circumstances, the Chairperson cannot appoint as a gambling and casino inspector a person who is, or at any time during the previous 2 years has been, entitled to 2% or more of the voting shares in the wagering and betting licensee or a venue operator or a former wagering and betting licensee or venue operator.

41 Criminal records check

S. 41(1) amended by No. 26/2022 s. 51.

(1) The Commission may require a person under consideration for appointment as a gambling and casino inspector to consent to having his or her photograph, finger prints and palm prints taken.

(2) The Commission must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police.

(3) The Chief Commissioner of Police must inquire into and report to the Commission on matters relating to whether the person under consideration is of good repute, having regard to character, honesty and integrity.

(4) The Chief Commissioner of Police must ensure that—

(a) any copies of photographs, finger prints and palm prints and any supporting documentation received under subsection (2) are destroyed—

(i) within 28 days after they are no longer required in connection with the Chief Commissioner's inquiry and report under subsection (3); or

(ii) no later than 6 months from the date they were received—

whichever is the earlier; and

(b) the person to whom they relate is notified of the destruction as soon as practicable.

(5) The Chairperson must ensure that—

(a) any photographs, finger prints or palm prints taken under subsection (1) are destroyed—

S. 41(5)(a)(i) amended by No. 26/2022 s. 51.

(i) within 28 days after they are no longer required in connection with the consideration of the person's appointment as a gambling and casino inspector; or

(ii) no later than 6 months from the date they were taken—

whichever is the earlier; and

(b) the person to whom they relate is notified of the destruction as soon as practicable.

S. 42 (Heading) amended by No. 26/2022 s. 52(1).

42 Functions of gambling and casino inspectors

S. 42(1) amended by No. 26/2022 s. 52(2)(a).

(1) A gambling and casino inspector has the following functions—

S. 42(1)(a) amended by No. 26/2022 s. 52(2).

(a) any functions conferred on a gambling and casino inspector under gambling legislation;

S. 42(1)(b) amended by No. 26/2022 s. 52(2)(a).

(b) any functions conferred on a gambling and casino inspector under the Racing Act 1958 and any regulations made under that Act;

S. 42(1)(c) amended by No. 26/2022 s. 52(2)(a).

(c) any other functions conferred on a gambling and casino inspector under this Act, any other Act or regulations made under this Act or any other Act.

S. 42(2) substituted by No. 26/2022 s. 52(3).

(2) A gambling and casino inspector has all the powers necessary to perform the inspector's functions under gambling legislation.

S. 42(3) amended by No. 26/2022 s. 52(4)(a).

(3) Without limiting subsection (2), a gambling and casino inspector may—

S. 42(3)(a) amended by No. 26/2022 s. 52(4)(b).

(a) with the approval of the Commission, bring proceedings for offences against this Act or gambling legislation;

S. 42(3)(b) substituted by No. 26/2022 s. 52(4)(c).

(b) appear personally or be represented by an Australian lawyer in any proceeding the inspector becomes involved in as a consequence of performing functions as a gambling and casino inspector.

43 Identity cards

S. 43(1) amended by No. 26/2022 s. 53.

(1) A gambling and casino inspector is not authorised to perform the functions of a gambling and casino inspector unless he or she is in possession of an identity card in the form approved by the Chairperson.

S. 43(2) amended by No. 26/2022 s. 53.

(2) The identity card must bear a photograph and the name and signature of the gambling and casino inspector.

S. 43(3) amended by No. 26/2022 s. 53.

(3) Subject to this Act and any other Act conferring a function on a gambling and casino inspector, in the course of performing a function as a gambling and casino inspector, a gambling and casino inspector must, if requested to do so by a person affected by the performance of that function, produce the gambling and casino inspector's identity card for inspection by the person unless to do so would defeat the purpose for which the function is to be exercised.

S. 44 amended by No. 26/2022 s. 54.

44 Former inspectors

Unless the Chairperson otherwise approves, a person who ceases to be a gambling and casino inspector must not, at any time during the next 2 years, be employed by or significantly associated with a key operative.

Penalty: 60 penalty units.

Part 5—General

S. 44A inserted by No. 25/2024 s. 17A.

44A Review of repeal of Victorian Responsible Gambling Foundation Act 2011

(1) The Minister must cause a review of the repeal of the Victorian Responsible Gambling Foundation Act 2011 to be commenced within one year after the second anniversary of the repeal of that Act.

(2) The review must consider and report on—

(a) the efficiency, effectiveness, appropriateness and co-ordination of functions related to gambling harm across the Commission, the Department of Justice and Community Safety and the Department of Health; and

(b) the methods used to identify gambling‑related matters to research, the independence of that research and the value of any gambling-related research that is conducted or commissioned by the Commission, the Department of Justice and Community Safety or the Department of Health; and

(c) whether the Auditor-General's recommendations to prevent and protect the community from gambling harm have been fully implemented; and

(d) the availability, delivery and quality of gambling harm treatment services and gambling harm public education programs.

(3) The Minister must cause a copy of the report of the review to be laid before each House of the Parliament not later than 2 years after the second anniversary of the repeal of the Victorian Responsible Gambling Foundation Act 2011.

45 Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

Part 6—Savings and transitional provisions

46 Definitions

In this Part—

commencement day means the day on which section 3 comes into operation;

new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2.

47 General transitional provisions

(1) This Part does not affect or take away from the Interpretation of Legislation Act 1984.

(2) This Part applies despite anything to the contrary in any other provision in this Act.

48 Inspectors

(1) Subject to subsection (2), a person who is, immediately before the commencement day—

(a) an inspector appointed under section 10.5.1 of the Gambling Regulation Act 2003; or

(b) a compliance inspector appointed under section 172A of the Liquor Control Reform Act 1998—

is, on that day, taken to be a gambling and liquor inspector appointed under section 40.

(2) If a person specified in subsection (1)(b) does not, on the commencement day, meet the eligibility criteria specified in section 40(2) and (3) for a gambling and liquor inspector, the person must, within 6 months after that day apply for an exemption from the Chairperson to continue to be a gambling and liquor inspector.

(3) If a person specified in subsection (1)(b) does not apply for an exemption under subsection (2) within the period specified, the person ceases to be a gambling and liquor inspector at the end of that period.

(4) The Chairperson must grant or refuse an exemption under this section as soon as practicable after application for the exemption has been made.

(5) The Chairperson must notify, in writing, the person of his or her decision whether to grant or refuse to grant an exemption.

(6) A person who has applied for an exemption under subsection (2) may, if granted an exemption by the Chairperson, continue to be a gambling and liquor inspector appointed under this Act.

(7) If the Chairperson refuses to grant an exemption the person ceases to be a gambling and liquor inspector on the date the person is notified of that refusal.

49 Criminal records check

(1) Photographs, finger prints and palm prints taken under section 10.5.2 of the Gambling Regulation Act 2003 and photographs and finger prints taken under section 172B of the Liquor Control Reform Act 1998 that are in existence immediately before the commencement day are, on that day, taken to be photographs, finger prints and palm prints taken under section 41.

(2) Despite section 41(4), the Chief Commissioner of Police has a period of 6 months from the commencement day to comply with section 41(4) in respect of photographs, finger prints and palm prints taken under section 10.5.2 of the Gambling Regulation Act 2003 to which subsection (1) applies.

(3) Despite section 41(5), the Chairperson has a period of 6 months from the commencement day to comply with section 41(5) in respect of photographs, finger prints and palm prints taken under section 10.5.2 of the Gambling Regulation Act 2003 to which subsection (1) applies.

50 Statements of policy

(1) On the commencement day, a statement of policy made and in force immediately before that day is taken to be decision-making guidelines made under section 5.

(2) In this section, statement of policy means—

(a) the Statement of Policy made by the Minister for Consumer Affairs on 25 October 2006 and published in the Government Gazette No. S 294 on 27 October 2006;

(b) the Statement of Policy made by the Minister for Consumer Affairs on 18 March 2011 and published in the Government Gazette No. S 88 on 18 March 2011;

(c) the Statement of Policy made by the Minister for Consumer Affairs on 4 August 2011 and published in the Government Gazette No. G 31 on 4 August 2011.

New s. 51 inserted by No. 54/2021 s. 38.

51 Saving provision concerning change of Act and Commission name

Unless the contrary intention appears—

(a) any reference to the Victorian Commission for Gambling and Liquor Regulation Act 2011 in any enactment, agreement or other document as far as it relates to any period after the commencement of Part 5 of the Casino and Gambling Legislation Amendment Act 2021 is to be treated as a reference to the Victorian Gambling and Casino Control Commission Act 2011; and

(b) any reference to the Victorian Commission for Gambling and Liquor Regulation in any enactment, agreement or other document as far as it relates to any period after the commencement of Part 5 of the Casino and Gambling Legislation Amendment Act 2021 is to be treated as a reference to the Victorian Gambling and Casino Control Commission.

Pt 7 (Heading andss 51–68) repealed by No. 70/2013 s. 3(Sch. 1 item 57.1), new Pt 7 (Heading and new ss 52–57) inserted by No. 26/2022 s. 55.

Part 7—Transitional provisions for Casino and Liquor Legislation Amendment Act 2022

New s. 52 inserted by No. 26/2022 s. 55.

52 Definitions

In this Part—

amending Act means the Casino and Liquor Legislation Amendment Act 2022;

gambling and liquor inspector means a gambling and liquor inspector within the meaning of section 3 as in force immediately before the commencement of section 28 of the amending Act;

Liquor Commission means the Victorian Liquor Commission established by section 172B of the Liquor Control Reform Act 1998 (as inserted by section 22 of the amending Act).

New s. 53 inserted by No. 26/2022 s. 55.

53 Commissioners

(1) Subject to subsection (2), a person who was a commissioner immediately before the commencement of section 36 of the amending Act continues in office as a commissioner on and after that commencement in accordance with the person's instrument of appointment.

(2) Subsection (1) does not apply to a person who has been appointed as a member of the Liquor Commission before the commencement of section 36 of the amending Act.

New s. 54 inserted by No. 26/2022 s. 55.

54 Inspectors

(1) Subject to subsection (2), a person who was a gambling and liquor inspector immediately before the commencement of section 50 of the amending Act is taken, on and after that commencement, to be a gambling and casino inspector appointed under section 40.

(2) Subsection (1) does not apply to a person who has been appointed as a liquor inspector under section 172ZA of the Liquor Control Reform Act 1998 (as inserted by section 22 of the amending Act) before the commencement of section 50 of the amending Act.

New s. 55 inserted by No. 26/2022 s. 55.

55 Former inspectors

Section 44, as in force immediately before the commencement of section 54 of the amending Act, continues to apply on and after that commencement to a person who ceased to be a gambling and liquor inspector before that commencement.

New s. 56 inserted by No. 26/2022 s. 55.

56 Protection from liability

Section 22, as in force immediately before the commencement of section 38 of the amending Act, continues to apply on and after that commencement in relation to any liability of a commissioner, or a delegate of a commissioner, under liquor legislation before that commencement.

New s. 57 inserted by No. 26/2022 s. 55, repealed by No. 58/2011 s. 57(6).

Pt 8 (Heading andss 69–92) repealed by No. 70/2013 s. 3(Sch. 1 item 57.1).

Pt 9 (Heading andss 93–103) repealed by No. 70/2013 s. 3(Sch. 1 item 57.1).

Pt 10 (Heading and s. 104) repealed by No. 21/2015 s. 3(Sch. 1 item 64).

Sch. amended by No. 70/2013 s. 3(Sch. 1 item 57.2), repealed by No. 21/2015 s. 3(Sch. 1 item 64).

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 September 2011

Legislative Council: 13 October 2011

The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Commission for Gambling and Liquor Regulation, to amend the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998 and other Acts and for other purposes."

The Victorian Commission for Gambling and Liquor Regulation Act 2011 was assented to on 2 November 2011 and came into operation on 6 February 2012: Special Gazette (No. 423) 21 December 2011 page 4.

The title of this Act was changed from the Victorian Commission for Gambling and Liquor Regulation Act 2011 to the Victorian Gambling and Casino Control Commission Act 2011 by section 34 of the Casino and Gambling Legislation Amendment Act 2021, No. 54/2021.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Victorian Gambling and Casino Control Commission Act 2011 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victorian Gambling and Casino Control Commission Act 2011 , No. 58/2011

Assent Date:	2.11.11
Commencement Date:	S. 57(6) inserted on 1.7.22 by No. 26/2022 s. 55: Special Gazette (No. 336) 30.6.22 p. 1
Note:	S. 57(6) repealed s. 57 on 1.7.24
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 57.2) on 5.2.12: s. 2(2)(f); s. 3(Sch. 1 item 57.1) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Gambling and Liquor Legislation Further Amendment Act 2014, No. 64/2014

Assent Date:	9.9.14
Commencement Date:	Ss 47–53 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 43) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 64) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Gambling Regulation Amendment (Gaming Machine Arrangements) Act 2017, No. 62/2017

Assent Date:	12.12.17
Commencement Date:	Ss 59, 66 on 19.9.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Gambling Legislation Amendment Act 2018, No. 9/2018

Assent Date:	14.3.18
Commencement Date:	Ss 24, 25, 27–30 on 15.3.18: s. 2(1); s. 26 on 1.9.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Liquor Control Reform Amendment Act 2021, No. 49/2021

Assent Date:	9.11.21
Commencement Date:	S. 61 on 31.12.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Casino and Gambling Legislation Amendment Act 2021, No. 54/2021

Assent Date:	14.12.21
Commencement Date:	Ss 34–38 on 1.1.22: Special Gazette (No. 733) 21.12.21 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Casino and Liquor Legislation Amendment Act 2022, No. 26/2022

Assent Date:	28.6.22
Commencement Date:	Ss 27–55 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024, No. 25/2024

Assent Date:	25.6.24
Commencement Date:	Ss 16, 17, 17A on 1.7.24: Special Gazette (No. 345) 25.6.24 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Gambling and Casino Control Commission Act 2011

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3 Explanatory details

No entries at date of publication.

1 Victorian Gambling and Casino Control Commission Act 2011

Version No. 014

Victorian Gambling and Casino Control Commission Act 2011

No. 58 of 2011

Version incorporating amendments as at
1 July 2024

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Words and expressions used in this Act and gambling legislation 4

5 Decision-making guidelines 5

5A Ministerial directions 5

Part 2—The Victorian Gambling and Casino Control Commission 7

Division 1—Establishment, objectives, functions and powers 7

6 Establishment of Commission 7

7 Official seal 7

8 Commission represents the Crown 8

8A Objectives of the Commission 8

9 Functions of the Commission 9

10 Powers of the Commission 11

Division 2—Membership of Commission 11

11 Constitution of Commission 11

12 Eligibility for appointment 12

13 The Chairperson 13

14 Deputy Chairperson 13

15 Additional commissioners 13

15A Sessional commissioners 13

16 Term of appointment 14

17 Remuneration 14

18 Acting appointments 15

19 Vacancies and resignation 16

20 Validity of decisions 17

21 Disclosure of interests 17

22 Protection from liability 17

Division 2A—Chief executive officer 18

23A Chief executive officer 18

23B Terms of appointment of the chief executive officer 19

Division 3—Performance and exercise of the Commission's functions, powers and duties 19

24 Basic requirement 19

25 How may Commission's functions, duties and powers be performed or exercised? 20

26 Meetings and inquiries generally 21

27 Meetings 21

28 Are Commission meetings and inquiries open to the public? 22

Division 4—Staffing and delegation 25

29 Staff 25

30 Delegation 26

31 Conflict of interest and duty 28

The Act is organised around a compact set of legal concepts that structure regulatory authority and processes.

Commission as regulator and Crown representation. The Commission is a statutory corporation that "represents the Crown" when performing functions and exercising powers (s 6(2), s 8). That places the regulator within the state's legal persona for official acts and liability allocation (s 22(2)).
Objectives and functions. The Commission's objectives (s 8A) are to maintain licensing, supervision and control systems to ensure gambling businesses and casinos are free from criminal influence, that gambling and casino gaming operate honestly, and to reduce gambling harm (s 8A(a)(i)-(iii), (b)). The functions follow: regulatory, investigative, disciplinary, licensing and monitoring tasks under gambling legislation and related Acts; advising and implementing government policy; informing and educating the public; and explicit harm-minimisation and education programs added by recent amendments (s 9(1)(a)-(k)).
Decision-making and ministerial interface. The Act sets two formal channels for Ministerial influence. First, non-binding decision-making guidelines may be issued by the Minister and must be published (s 5). The Commission must have regard to those guidelines when exercising functions under gambling legislation (s 9(4)). Second, the Minister may give written directions to the Commission about performance of its functions, subject to material exclusions and publication requirements with carve-outs for confidentiality (s 5A(1)-(4); s 9(5)). The statutory mechanics therefore create both a consultative rule-making tool and a limited direction power.
Investigatory and inquiry powers. The Commission may investigate "regulated persons" and matters relevant to gambling legislation (s 32). It may also conduct inquiries, which can be public or private but certain matters must be public unless special circumstances exist (s 28). Community interest inquiries have special procedural requirements: public conduct, calls for submissions, advertising and mandatory reporting to the Minister (ss 35-39).
Inspectorate and enforcement. The Act establishes gambling and casino inspectors appointed by the Chairperson (s 40), subject to eligibility constraints including separation from key industry actors and criminal records checks (s 40(2)-(3), s 41). Inspectors have necessary powers to perform functions under gambling legislation and can, with approval, bring prosecutions (s 42). Commissioners and delegates have protections from personal liability for acts done in good faith (s 22).
Governance constraints and limits on delegation. Commissioners must disclose interests and the Commission must publish guidelines on disclosable interests (s 21). The Act sets non-delegable functions (s 30(3)) and quorum rules for meetings and inquiries, including the role of sessional commissioners (ss 27(2)-(2A), 15A). There are post‑employment prohibitions on becoming associated with key operatives, bookmakers or raffle organisers for two years after ceasing to be a commissioner or inspector (s 31(2)-(3), s 44).
Transitional, saving and review provisions. The Act contains extensive transitional provisions to manage transfer of inspectors, records and statements of policy from predecessor regimes (Part 6). It also requires a review of the repeal of the Victorian Responsible Gambling Foundation Act 2011 to be commenced within one year after the second anniversary of that repeal, with specific matters to be considered and a reporting deadline (s 44A).

These concepts structure who decides (Minister, Commission, Chairperson), who enforces (inspectors, Commission), who is regulated (holders of gambling authorisations, operators, nominees, associates) (s 3 definitions), and the procedural rules that apply to regulatory decision‑making and public-facing inquiries.

The Act designs direct regulatory relationships and ancillary constraints that affect distinct categories of persons and entities.

Regulated persons. The Act defines a regulated person to include holders of gambling authorisations, operators or nominees under a gambling authorisation, associates of such persons, and entitlement-holder connected persons (s 3). These are the primary subjects of licensing, compliance monitoring, investigations (s 32) and disciplinary processes administered under the Commission's functions (s 9(1)(a)-(d)).
Gambling businesses and casinos. The Commission's objectives and functions are expressly directed at gambling businesses and casinos and their management and operation (s 8A, s 9). This includes venue operators, venue licences, approval of gaming machine types and linked jackpots, matters under the Casino Control Act 1991, and other authorisations referenced in gambling legislation (see definition of gambling authorisation in s 3).
Commissioners, Chairperson and staff. The Act affects people appointed as commissioners, Chairperson and Deputy Chairpersons: their eligibility criteria, terms, conditions, disclosure obligations, post-office restrictions, and protection from liability are all regulated (ss 11-22, 31). Commissioners must collectively possess regulatory experience, financial or commercial qualifications, at least five years’ practice as an Australian legal practitioner and other relevant expertise as practicable (s 12(1)). They are subject to removal processes for neglect, refusal or misconduct (s 19).
Gambling and casino inspectors. Persons appointed under s 40 as gambling and casino inspectors are affected by eligibility rules, criminal-record checks (s 41), identity-card obligations (s 43), and post‑employment restrictions (s 44). Inspectors are armed with powers to perform functions under gambling legislation and may bring proceedings with Commission approval (s 42).
Key operatives, bookmakers and raffle organisers. The Act places constraints on persons who are, or become, commissioners or inspectors: they may not have been employed by or significantly associated with a key operative, bookmaker or commercial raffle organiser within the previous two years (s 12(2), s 40(2)); and there are post‑employment restrictions preventing commissioners and restricted persons from being employed by or associated with such industry actors for two years after ceasing office (s 31(2)-(3), penalty 60 penalty units). Those industry actors are therefore indirectly affected because the Act limits recruitment of former regulators and restricts association with restricted persons (s 31(4)).
Ministers and government departments. The Minister is an actor with statutory powers: to issue decision-making guidelines (s 5), to give directions subject to limitations (s 5A), and to request interim reports on community interest inquiries (s 38). The Commission must advise the Minister, implement government policy in relation to gambling, and provide reports of community interest inquiries (s 9(1)(e)-(g), ss 36-39). The new review obligation concerning repeal of the Victorian Responsible Gambling Foundation Act 2011 requires coordination between the Commission and departments including Justice and Health (s 44A).
The public and communities. The Act requires public conduct of certain inquiries and community interest inquiries, with public notice and invitation to submit to the Commission (ss 28(2)-(5); ss 36-37). Public-facing functions such as education and information programs to minimise gambling harm are assigned to the Commission (s 9(1)(i)-(k)).
Parties to licensing and disciplinary proceedings. Applicants for gambling authorisations and other parties to matters before the Commission are affected by procedural obligations: the Commission must endeavour to perform functions without undue formality and to inform applicants and parties of decisions as soon as practicable (s 24). Appeals under specified provisions of the Gambling Regulation Act must be heard by at least three commissioners including the Chairperson or a Deputy Chairperson (s 25(4)).

Who pays and who decides. The Act does not specify budgetary arrangements; however, the Commission performs functions as the Crown (s 8) and can engage consultants and staff (s 10(2), s 29). Decision-making authority lies with the Commission subject to Ministerial guidelines (s 5) and directions (s 5A) within statutory limits; certain decisions must be made at public inquiries (s 28) and some functions are non-delegable (s 30(3)). Parties faced with investigations or disciplinary action will bear compliance costs, disclosure burdens and potential reputational effects arising from public inquiries or enforcement outcomes.

The Act allocates duties and rights across the Commission, the Minister, commissioners, inspectors and regulated persons. Below are concrete obligations, decision powers and procedural guarantees expressly enacted.

Commission duties and obligations. The Commission must perform regulatory, investigative, licensing and disciplinary functions under this Act and gambling legislation (s 9(1)(a)-(d)). It has duties to promote and monitor compliance (s 9(1)(c)), detect and respond to contraventions (s 9(1)(d)), advise and implement government policy (s 9(1)(e)-(g)), and to undertake harm-minimisation, education and information programs (s 9(1)(i)-(k)). The Commission must endeavour to perform its functions without undue formality and expeditiously subject to proper consideration (s 24(1)) and must inform applicants and other parties of decisions as soon as practicable (s 24(2)).
Duty to have regard and comply. When performing functions under gambling legislation, the Commission must have regard to decision-making guidelines issued by the Minister (s 9(4)). The Commission must comply with any directions of the Minister under s 5A (s 9(5)). These provisions create a legal duty to consider and, in specified circumstances, follow ministerial instruments.
Procedural rights: natural justice and evidence. Commission decision-making is bound by natural justice (s 25(3)(b)). The Commission is not bound by the rules of evidence but may inform itself in any way it thinks fit, except when exercising certain powers under the Evidence (Miscellaneous Provisions) Act (s 25(3)(a) and note). Inquiries are chaired by at least one commissioner (s 33(2)), and particular appeal hearings must be constituted by at least three commissioners, one of whom is the Chairperson or Deputy (s 25(4)).
Ministerial powers and constraints. The Minister may issue decision-making guidelines (s 5) and give written directions to the Commission (s 5A(1)). Directions are constrained: they cannot concern the content of advice, report or recommendation given to the Minister by the Commission; the granting, variation, suspension or cancellation of a gambling authorisation; the undertaking of an investigation; or the taking of disciplinary action (s 5A(2)). Directions and reasons must be published in the Government Gazette unless the Minister considers information confidential or commercially sensitive (s 5A(3)-(4)).
Commissioners’ duties and restrictions. Commissioners must disclose interests in matters being considered (s 21(1)-(2)) and the Commission must publish guidelines describing disclosable interests (s 21(3)-(4)). Officers owe duties of office and may be removed for refusal, neglect, failure to carry out functions, or misconduct (s 19(2)). A restricted person must not be an employee of certain industry actors (s 31(1)). Post-office employment restrictions prohibit a former commissioner from being employed by or significantly associated with key operatives, bookmakers or commercial raffle organisers for two years (s 31(2)-(3)); penalties of 60 penalty units apply for breaches (s 31).
Inspectors’ powers and obligations. Inspectors must be appointed by the Chairperson, be competent and of good reputation (s 40(1)). Appointment is restricted where the person has recent employment or associations with key industry actors unless special circumstances apply (s 40(2)-(3)). Criminal-record and biometric checks are permitted in the appointment process and must be handled with specified destruction obligations (s 41(1)-(5)). Inspectors must carry identity cards when performing functions and must produce them on request unless doing so would defeat the purpose (s 43). Inspectors have all powers necessary to perform their functions under gambling legislation and may bring proceedings with Commission approval (s 42(2)-(3)(a)).
Rights to public inquiry and public notice. The Commission may conduct meetings and inquiries in public or private (s 28(1)). Certain matters must be conducted in public unless special circumstances justify a private session (s 28(2)-(3)). For community interest inquiries, the Commission must conduct them in public, call for submissions and publish notices in the Government Gazette, on its website, and in local newspapers where relevant (ss 36-37).
Liability protections. Commissioners and delegates acting in good faith in exercising powers or performing functions under this Act or gambling legislation are not personally liable; any liability attaches to the Commission (s 22(1)-(2)). This shifts financial risk from individuals to the statutory body for acts done in good faith.

These statutory duties and rights create a framework where the Commission exercises broad regulatory functions subject to judicial principles of natural justice, ministerial instruments with statutory limits, procedural transparency for public inquiries, and employment and conflict‑of‑interest restrictions designed to separate the regulator from industry.

The Act establishes enforcement instruments, inspection and investigatory powers, and specific criminal/administrative penalties. Enforcement mixes administrative decision-making, inspectorate powers, investigatory inquiries and monetary penalties for particular breaches.

Inspectorate enforcement powers. Gambling and casino inspectors "have all the powers necessary to perform the inspector's functions under gambling legislation" (s 42(2)). This gives inspectors broad enforcement capacity as conferred by the complementary gambling statutes. Inspectors may bring proceedings for offences against this Act or gambling legislation with Commission approval (s 42(3)(a)). Inspectors must carry identity cards to exercise their functions and may be required to produce them on request (s 43).
Investigations and inquiries. The Commission may carry out investigations into regulated persons, their conduct and practices, contraventions, persons who could affect regulated persons, and matters relevant to the Commission's functions (s 32(1)-(3)). Investigations may be preliminary enquiries (s 32(3)). The Commission may conduct inquiries for its functions under this Act and gambling legislation (s 33). Where inquiries are conducted under specified functions, procedural provisions in the Evidence (Miscellaneous Provisions) Act are applied (s 33(3), note).
Prosecution and disciplinary functions. The Commission has regulatory, investigative and disciplinary functions conferred by this Act and gambling legislation (s 9(1)(a)). Disciplinary decision powers under the Casino Control Act 1991 are non-delegable (s 30(3)(b)). The Act authorises the Commission to bring prosecutions through inspectors with Commission approval and to take disciplinary action under gambling legislation.
Specific monetary penalties. The Act prescribes a penalty of 60 penalty units for certain breaches relating to conflicts and post‑employment restrictions. A restricted person must not be employed by a key operative, bookmaker or commercial raffle organiser (s 31(1)), with a penalty of 60 penalty units. A person who ceases to be a commissioner must not be employed by or associated with such industry actors during the next two years (s 31(2)), penalty 60 units. Post‑inspection restrictions similarly carry a 60‑unit penalty for employment contrary to s 44 (former inspectors) (s 44). The Monetary value of a "penalty unit" is set elsewhere in Victorian legislation; the Act uses the standard penalty unit measure rather than specifying an amount.
Liability allocation and indemnity. Commissioners and delegates acting in good faith are not personally liable for acts or omissions in exercising powers or performing functions under this Act or gambling legislation (s 22(1)). Liability instead attaches to the Commission (s 22(2)). This affects enforcement exposure for individuals and shifts the financial risk to the statutory body.
Non-compliance with procedural requirements. The Act requires publication of decision‑making guidelines and of ministerial directions and reasons (s 5(2), s 5A(3)). There is no criminal penalty in the Act for failure to publish a direction, but the statutory requirement creates administrative obligations for the Minister, with confidentiality exceptions (s 5A(4)). The Commission must give a written final report for community interest inquiries to the Minister (s 39(1)-(2)); failure to comply would be an administrative shortfall subject to ministerial oversight.
Enforcement limits and delegation restrictions. Certain functions cannot be delegated by the Commission (s 30(3)), including disciplinary action under the Casino Control Act and particular gambling regulation functions, ensuring accountability for key enforcement decisions. The Minister cannot direct the Commission on undertaking an investigation or taking disciplinary action (s 5A(2)(c)-(d)), which creates statutory limits on executive influence over enforcement.

Together, these provisions create a layered enforcement regime: inquiries and investigations generate factual bases for regulatory action; inspectors execute enforcement in the field and, with approval, prosecute offences; the Commission makes licensing, disciplinary and other regulatory decisions with non-delegable elements and with statutory protections for decision-makers. Monetary penalties in the Act are focused on conflicts of interest and post‑office employment rather than directly on regulated industrial actors, whose enforcement exposure will be principally determined by the complementary gambling legislation the Commission administers.

The Act is expressly designed to operate alongside and within the broader statutory framework for gambling, casinos and racing in Victoria. The text sets detailed cross-references and transfer mechanisms.

Primary gambling and casino statutes. The Commission's functions and powers are conferred largely under this Act and gambling legislation, defined to include the Gambling Regulation Act 2003 and the Casino Control Act 1991 (s 3). The Commission is tasked to exercise regulatory, investigative, disciplinary and licensing functions under those Acts (s 9(1)(a)-(b)). Specific decision-making and non-delegable functions reference particular provisions of the Gambling Regulation Act, for example section 10.1.32(3) (s 30(1), s 30(3)(a)) and various sections enumerated in s 30(4).
Racing Act 1958. The Commission also has functions under the Racing Act 1958 (s 9(1)(a), s 10(1)(d)). Investigations may include inquiries under provisions of the Racing Act (s 32(2)(g) refers to investigations under sections 91A or 94A(5D) of the Racing Act).
Public Administration Act 2004. Commissioners and the chief executive officer are subject, in specified respects, to the Public Administration Act 2004 (s 11(3), s 23B(4)). The Act permits the Commission to employ staff under Part 3 of the Public Administration Act (s 29(1)).
Evidence (Miscellaneous Provisions) Act 1958. When conducting inquiries for particular functions, the Commission is taken to be a board appointed by Governor in Council and Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 applies accordingly (s 33(3)). Section 25(3)(a) notes that except when exercising a power under Division 5 of that Act, the Commission is not bound by rules of evidence.
Liquor Control Reform Act 1998 and separated liquor regulator. The Act historically contained liquor-related provisions that were amended or repealed. The Casino and Liquor Legislation Amendment Act 2022 made structural changes; Part 7 transitional provisions manage the transfer and reclassification of "gambling and liquor inspectors" to gambling and casino inspectors and treat persons and records as taken to be appointed under the new provisions (Part 7, ss 52-56). The Act also preserves saving provisions for name changes and references to previous commissions (s 51).
Statutory review and repeal interactions. Section 44A requires a review of the repeal of the Victorian Responsible Gambling Foundation Act 2011, to examine co-ordination of functions across the Commission and relevant departments and the availability of gambling harm services, among other matters. That review interacts directly with policy choices made in repealing other legislation and with the Commission's newly assigned harm-minimisation and education functions (s 9(1)(i)-(k)).
Regulations and subordinate instruments. The Governor in Council may make regulations to give effect to the Act (s 45). The Act also requires decision-making guidelines to be published in the Government Gazette (s 5(2)). Delegation instruments, appointment instruments and publishing obligations create interaction points with administrative law and procedural rules.
Transitional application and saving words. Part 6 contains detailed savings and transitional provisions covering converters of inspectors, biometric records, statements of policy immediately treated as decision-making guidelines, and saving references following the Act’s renaming (ss 46-51). Part 7 contains additional transitional provisions for the Casino and Liquor Legislation Amendment Act 2022, ensuring continuity for commissioners and inspectors (ss 52-56).

Operationally, the Act does not function in isolation. The Commission’s enforcement reach and specific powers are derived from the gambling legislation it administers; the Act provides the institutional, governance and procedure architecture. Delegation, liability, evidence and public‑administration matters are shaped by explicit cross-references to the Evidence (Miscellaneous Provisions) Act 1958 and the Public Administration Act 2004. The Act’s transitional provisions are detailed to ensure continuity when other Acts are amended or repealed.

The Act as published incorporates multiple amending Acts and revisions. The endnotes and table of amendments within the text provide a precise statutory amendment trail up to 1 July 2024.

Key amendments and their mechanical effects include:

2013 Statute Law Revision Act (No. 70/2013). Technical changes affecting commencement sequencing and schedule alterations were made; commencement items are recorded in the table of amendments (Endnotes, Table of Amendments).
2014 Gambling and Liquor Legislation Further Amendment Act (No. 64/2014). Inserted the office of sessional commissioner (s 15A) and made consequential changes to meetings and delegations. Also inserted provisions affecting inquiries (s 33(4)).
2014 Inquiries Act (No. 67/2014). Commenced application of certain procedural inquiry provisions to the Commission by reference to Division 5 Part I of the Evidence (Miscellaneous Provisions) Act (s 33(3), as amended).
2015 Statute Law Revision Act (No. 21/2015). Additional stylistic and structural amendments.
2017 Gambling Regulation Amendment (Gaming Machine Arrangements) Act (No. 62/2017). Amended provisions relating to gaming machine approvals and the matters that are to be dealt with in public inquiries (see s 28(2)(g) amendments and repeals reflected in the text).
2018 Gambling Legislation Amendment Act (No. 9/2018). Added the chief executive officer role (Div. 2A: ss 23A-23B), modified meeting and delegation provisions, and inserted s 25(4) requiring at least three commissioners, including the Chairperson or Deputy, to hear specified appeals under the Gambling Regulation Act.
2021 Casino and Gambling Legislation Amendment Act (No. 54/2021). Changed the title of the Act and the Commission’s name (s 51), and made other amendments that are noted in the text (commencement of ss 34-38 on 1 Jan 2022).
2021 Liquor Control Reform Amendment Act (No. 49/2021). Some provisions commenced later and affected references and interactions with liquor legislation.
2022 Casino and Liquor Legislation Amendment Act (No. 26/2022). Significant structural changes, including renaming and re-defining inspector roles (gambling and liquor inspector to gambling and casino inspector), many amendments across appointment, delegation and inquiry provisions (commenced 1 July 2022 for ss 27-55). Part 7 in the Act provides detailed transitional provisions to give effect to those amendments.
2024 Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act (No. 25/2024). Commenced 1 July 2024 for certain sections. This amending Act modified the Commission's objectives, adding an explicit harm minimisation objective (s 8A) and inserted or expanded functions for the Commission relating to minimising gambling harm and conducting public education and information programs (s 9(1)(i)-(k)). It also added s 44A requiring a review of the repeal of the Responsible Gambling Foundation Act.

The Act’s endnotes include a detailed table of amendments listing the amending Acts, assent dates and commencement dates and identify which provisions were affected or repealed. The text shows where particular subsections were substituted, inserted or repealed by named amending Acts, with cross-references for each change (for example, s 8A inserted by No. 26/2022 s. 33 and s 9(1)(i) inserted by No. 26/2022 s. 34(1)(b) etc.). The multiple amendment rounds indicate iterative policy adjustments on governance, delegation, inspector roles, inquiry procedure and the Commission’s harm‑minimisation responsibilities.

For practitioners, the amendment history points to areas where policy emphasis shifted (for example, the 2024 insertion of harm minimisation tasks) and where transitional and saving provisions preserve continuity as institutional arrangements were restructured. The Act’s endnotes provide precise references to the instrument and section that effected each change, which should be checked for sourcing and timing when advising clients on current obligations.

The legislative text itself does not record judicial decisions. The Act names no cases and contains no schedule of litigation. Therefore, based on the source provided, there are no cases or judicial interpretations cited or embedded in the statutory text to report.

What the Act does provide are procedural hooks that invite or channel judicial review and litigation: decisions of the Commission will be made in accordance with natural justice (s 25(3)(b)); appeals against specified Gambling Regulation Act decisions are to be heard by at least three commissioners (s 25(4)); and the Commission is not bound by rules of evidence subject to particular exceptions (s 25(3)(a)). Non-delegable functions and the Ministerial direction carve-outs (s 5A(2)) create identifiable legal loci where disputes about jurisdiction or statutory limits could arise.

Because the Act cross-references other statutory regimes where offences, licensing decisions and disciplinary actions are defined (notably the Gambling Regulation Act 2003 and the Casino Control Act 1991), much of the likely litigation that touches the Commission will arise under those Acts or in respect of specific Commission decisions implementing them. Potential litigation vectors include judicial review of administrative decisions, appeals under the gambling laws listed, disputes about statutory interpretation of delegation and non-delegation clauses, and challenges under natural justice or procedural fairness grounds.

Practitioners should therefore treat the Act as the institutional and procedural foundation that shapes how and where litigation under the complementary gambling statutes will be contested. To assemble an actual litigation history, one must consult case law databases and decisions of Victorian courts and tribunals addressing actions by or against the Commission or its delegates, and decisions interpreting specific provisions of the Gambling Regulation Act 2003 and Casino Control Act 1991. The Act’s text provides the statutory points of legal friction likely to be litigated: natural justice obligations (s 25(3)(b)), limits on ministerial directions (s 5A(2)), delegation and non-delegable powers (s 30(3)), and post-employment and conflict restrictions with express penalties (s 31, s 44).

The Act contains several technical and procedural traps for the unwary. These are practical compliance, governance and operational issues grounded in the text.

Ministerial directions and publication exceptions. The Minister may give written directions to the Commission and must publish the direction and reasons in the Government Gazette (s 5A(3)). However, publication is not required where the Minister considers information confidential or commercially sensitive (s 5A(4)). That statutory carve-out permits withheld reasoning and reduces public transparency in some cases. Practitioners advising clients on public accountability or on the grounds for a Commission action should be aware that ministerial directions may exist and not be fully public.
Statutory limits on ministerial influence. Section 5A(2) prohibits directions about certain matters (the content of advice or reports, the granting, issuing, variation, suspension or cancellation of a gambling authorisation, undertaking an investigation, or taking disciplinary action). Parties should note these textual exclusions as potential grounds for challenge if they suspect improper ministerial intervention, but any litigation or review will turn on statutory interpretation of s 5A and the facts.
Delegation limitations and non‑delegable functions. The Commission may delegate many powers (s 30(1)-(2)) but certain functions are non-delegable (s 30(3)), including functions under section 10.1.32(3) of the Gambling Regulation Act and disciplinary decisions under the Casino Control Act (s 30(3)(a)-(d)). Where an administrative officer purports to exercise a non-delegable power, affected parties have a potential basis for challenging the decision’s validity.
Appointment and conflict restrictions. The Act sets tight eligibility and post‑office rules. Commissioners must collectively include a person with at least five years’ legal practice (s 12(1)(c)) and must not have been employed by or significantly associated with a key operative, bookmaker or commercial raffle organiser in the previous two years (s 12(2)). There are 2‑year post‑office prohibitions for commissioners and inspectors (ss 31(2)-(3), 44). These constraints can complicate recruitment, create resourcing gaps, and trigger penalties of 60 penalty units for breaches (s 31). Employers in the gambling industries must be careful recruiting former commissioners or inspectors.
Inspector appointment biometric handling and retention rules. The Commission may require biometric material and must forward copies to the Chief Commissioner of Police (s 41(1)-(2)). Both the Chief Commissioner and the Chairperson must ensure destruction of biometric copies within 28 days after they are no longer required or within six months (s 41(4)-(5)), and the individual must be notified. Failure to follow these timeframes could result in privacy or lawful‑process complications.
Public inquiry compulsory list. Certain licence and gaming matters must be conducted in public (s 28(2)(e)-(o)). If a party expects privacy or commercial confidentiality, the Commission can only order private sessions if "special circumstances" are found (s 28(3)); the Act defines examples of such circumstances (s 28(3)(a)-(b)). Parties should therefore plan for likely public exposure during specific licence applications or gaming approvals.
Evidence rules and informal procedure. The Commission is not bound by rules of evidence (s 25(3)(a)) and may inform itself in any way it thinks fit, subject to natural justice (s 25(3)(b)). This hybrid evidentiary regime may disadvantage parties used to adversarial court procedures. Practitioners should prepare submissions and evidence mindful that the Commission can consider non-standard material.
Non-publication of Ministerial directions and Commission reports. While s 5A generally requires publication of directions and reasons, the exception for confidentiality can limit visibility into the political and policy context of Commission actions. Similarly, the Commission may conduct meetings in private (s 28(1)). These mechanics can create informational asymmetries.
Protection from liability shifts risk. Commissioners and delegates acting in good faith are personally protected from liability and financial burden transfers to the Commission (s 22(1)-(2)). Individuals must still guard against bad‑faith or unlawful acts which fall outside the statutory protection.
Transitional quirks. The Act includes a number of saving and transitional provisions (Part 6 and Part 7). For practitioners dealing with historical licences, inspector records or statements of policy, the automatic conversion of prior instruments into decision‑making guidelines or the treatment of prior inspectors as appointed under this Act may introduce complexity. The Act preserves and converts prior statements of policy to decision-making guidelines on commencement day (s 50(1)-(2)), which can be material for existing authorisations.
Penalty quantum for conflict breaches. The Act prescribes 60 penalty units for particular employment and association breaches (s 31, s 44). Clients and officers must take the two-year post-office restrictions seriously, since the legislative penalty is non-trivial.

In sum, the main practical "gotchas" are related to transparency exceptions for ministerial directions, non‑delegable enforcement powers, tight eligibility and post-office restrictions for commissioners and inspectors, public inquiry obligations, evidentiary flexibility, and the data-retention rules for biometric checks. Each of these creates a procedural risk or compliance cost that should be parsed against the facts of any particular matter.

Compliance under the Act requires operational, governance and procedural steps by regulated persons, Commission appointees and associated employers. Below are concrete compliance actions tied to statutory obligations.

For the Commission, Chairperson and commissioners

Adopt, publish and maintain conflict-of-interest guidelines. The Act mandates that the Commission make and publish guidelines specifying the types of interests that commissioners must disclose (s 21(3)-(4)). Implement a formal disclosure register and immediate disclosure processes so commissioners comply with s 21(1)-(2).
Observe natural justice and prompt communication obligations. The Commission must endeavour to perform functions without undue formality and inform applicants and other parties of decisions as soon as practicable (s 24). Build internal decision timelines and notification templates to fulfil s 24(2).
Manage delegations carefully. Non-delegable functions are listed in s 30(3). Produce delegation instruments that explicitly exclude those functions and ensure that staff and delegates understand the delegation boundaries (s 30(1)-(3)). Keep records of delegation instruments for audit and potential review.
Publish decision-making guidelines and handle ministerial directions. Ensure processes to receive, publish and implement decision-making guidelines issued by the Minister (s 5, s 9(4)). If a Ministerial direction under s 5A is issued, prepare the government gazette notice unless the Minister has invoked the confidentiality exception (s 5A(3)-(4)). Keep written records of any directions and the Commission’s compliance steps (s 9(5)).
Biometric and record handling protocols. For any biometric material collected under appointment checks, comply with s 41 retention and destruction timelines and notification requirements. Maintain secure storage and a deletion log to prove compliance with the 28‑day/6‑month windows.
Ensure public notice and submission processes for community interest inquiries. For community interest inquiries ensure publication in the Government Gazette, on the Commission’s website and in local newspapers where relevant (s 37(3)), specify submission formats and timeframes (s 37(4)), and consider resources to handle submissions and provide a final written report to the Minister (s 39).

For commissioners, inspectors and staff

Follow eligibility and post‑employment prohibitions. Persons seeking appointment must ensure they meet s 12 eligibility, including the "no employment or significant association with key operatives, bookmakers or commercial raffle organisers in the previous two years". Commissioners and inspectors must plan post-office employment to comply with the two-year restrictions (ss 12(2), 40(2)-(3), 31(2)-(3), 44), and employers must avoid hiring former commissioners or inspectors within that window (s 31(4), penalty 60 units).
Identity card procedure. Inspectors must possess an identity card in the approved form and carry it when performing functions; produce it on request unless doing so would defeat the purpose (s 43(1)-(3)). Maintain procedures for issuance, control and replacement of identity cards.
Record criminal checks and confidentiality. When criminal records checks are required, collect consent, forward documents to the Chief Commissioner of Police, and comply with destruction and notification timelines (s 41). Ensure privacy compliance and robust consent forms.

For regulated persons and industry actors

Anticipate investigations and inquiries. The Commission may investigate regulated persons and related actors (s 32). Maintain transparent records of compliance with gambling legislation, be prepared to respond to information requests and to make submissions in community interest inquiries (s 37(2)(b)).
Prepare for public hearings. Certain licence applications and approvals require public inquiries unless special circumstances justify privacy (s 28(2)-(3)). Prepare public-facing materials, confidentiality strategies and communications plans accordingly.
Engage with decision-making guidelines and ministerial instruments. Decision‑making guidelines issued by the Minister must be published and the Commission must have regard to them (s 5, s 9(4)). Track any guidelines relevant to your authorisation and calibrate compliance and applications accordingly.
Compliance with inspector interactions. Ensure staff are trained to deal with inspectors who have statutory powers under gambling legislation (s 42). Request proof of identity (s 43) and cooperate with lawful inspection activities; challenge any inspection outside statutory powers through administrative avenues.

Governance and audit

Keep accurate records of decisions, delegations, disclosures and compliance steps. Because the Commission may inform itself in any way it thinks fit (s 25(3)(a)) and natural justice matters can be procedural, accurate process records are essential for defending decisions or responding to review.
Monitor amendment and transitional obligations. Pay attention to the Act’s transitional provisions (Parts 6 and 7) and to the 2024 review obligation concerning the repeal of the Responsible Gambling Foundation (s 44A). Organisations involved in harm minimisation, research or service delivery should be ready to participate in the statutory review and to adapt to new Commission programs under s 9(1)(i)-(k).
Legal and compliance checks before hiring former Commission personnel. Employers in gambling sectors must ensure not to employ or become significantly associated with persons barred under s 31(2)-(3) or in breach of s 44; the Act imposes a 60 penalty unit sanction for contraventions.

In sum, compliance is a mix of procedural record-keeping, clear delegation instruments, transparent conflict-of-interest regimes, prompt publication practices where required, careful handling of biometric and criminal record material, and strategic preparation for public inquiries and investigations. Entities should map their processes to the specific sections cited above to demonstrate statutory compliance.

Victorian Gambling and Casino Control Commission Act 2011

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Deep Dive

What it does

Current sections

Victorian Gambling and Casino Control Commission Act 2011

Source text: opening excerpt

1 Victorian Gambling and Casino Control Commission Act 2011

Main concepts

Who it affects

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Penalties and enforcement

How it interacts with other laws

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How to comply