Policy making, social responsibility and the gambling industry Professor Jan Mc. Millen Director Australian Institute for Gambling Research University of Western Sydney
Background themes n Canada & Australia: common principles – Federal systems, state/provincial authority over gambling, varied approaches – Historical nexus between gambling legalisation & charitable/welfare funding – Strong emphasis on regulation, social issues n Differences – Australian gambling legalised since 19 th century – Primarily government-run, prohibition on private ownership until 1970 -80 s – Privatisation, commercialisation introduced market imperatives, problem gambling (machines, casinos) – 2000 -1 per capital loss $942, almost 4% HDI – 80 -85% gamble regularly, 2. 1% have problems
Regulatory rationale n The traditional role of government to regulate – Commercial gambling as a privilege, not a right – Control over market entry, probity of operators – Crime prevention, consumer protection n To generate revenue – – n replacing illegal activities that incur policing costs revenue for welfare, public infrastructure increasing leisure and recreation facilities job creation (= ‘illusory” – PC 1999) To mediate social costs – perception that gambling is a questionable activity – problem gambling, social harm n Emerging challenges to national sovereignty – Global telecommunications technology as the
Factors that influence gambling policy n The economic power of industry – Revenue imperative, ‘invisible’ form of taxation – Inter-regional rivalry • leakage of gambling expenditure • investment opportunities – Special treatment for some industries – Growth is supply driven (not consumer demand) n Policy learning – learning from other jurisdictions – from past policy failures – from research, community backlash n Relevant policy instruments, mechanisms – choice of policy options/design, convenient policy process
The Gambling Regulatory Cycle 1. Regulatory liberalisation 3. Community concern, industry pressure, information can lead to regulatory reform 2. Proliferation of gambling & impacts
What works: lessons from Oz n Casinos: – – – n Control over market entry, regional monopolies Licensing & regulation of gaming staff On-site 24 hr government inspectorate Parallel surveillance systems, override on CCTV Police squads, undercover, ban on criminals Auditing of cash transactions Gaming machines (clubs, hotels): – Venue licences, restricted to certain venue types – Licensing of key staff – Centralised monitoring systems, auditing n What doesn’t: – Proliferation of gaming machines – Wagering & sportsbetting: • inferior regulatory standards, fragmented, inconsistent
Lessons from Australia (cont’d) n Crime prevention – Deterrence, detection, sanctions – Proactive policing at minimal public cost • Internal casino/venue crime – hidden ownership – theft, counterfeiting – cheating (card counting) • Community crime – Crime displacement – Problem gambling related crimes = inadequate data • Money laundering – Star City scandal, regulatory reforms n Prosecution, enforcement – Patrons, staff • Criminal prosecution, licence withdrawal
Crime prevention (cont’d) n Licence withdrawal rarely used against venues – but publication of breaches, sanctions n Problem gambling crimes – tendency of the courts is to impose jail sentence – problem gambling is accepted in rare cases as ‘mitigating circumstances’, leniency in sentencing – mandatory counselling not successful n Liability for problem gambling – Tendency has been to find individual liability eg • the Katoomba-Reynolds, Lane Cove cases • the O’Malley’s case • the Star City case n Self-regulation, commercial approach is deficient – evidence of social costs/problems from PC’s national inquiry, state research
n Problem gambling – regulatory reforms – Gaming machines = major source of problems • 10 -14% of regular machine gamblers have problems • 2. 1% gamblers generate 33% of total gambling revenue • NSW: 104, 000 machines in clubs & hotels – 2. 55% = highest national prevalence of problem gambling • Western Australia: no machines outside Perth casino – 0. 70% = lowest national prevalence of problem gambling – – – Restrictions on consumer access Away from shopping centres ‘Cap’ number of machines (venue, region, state) CIS requirements – demonstrate community benefit Consumer information, signage, brochures Controls over advertising and promotion • No external advertising, not to focus on ‘winning’, etc – Controlling the gaming environment • Lighting, ATMs, gaming not to dominate venue, multiple facilities
Internet gambling - regulatory issues n Legislative and regulatory inconsistencies between states/territories – inadequacies of regulation, loopholes – detection, control of illegal activities n Integrity of the games & consumer protection – who sets the standards? are they enforceable? n Social impacts (eg underage gambling, problem gambling) n Is prohibition a viable option? – Commonwealth response: prohibition of gaming, proliferation of wagering/sportsbetting – who will enforce a ban? – limitations of national sovereignty, state laws n Disputes with USA & other nations are likely over sportsbetting/wagering
Developments in the UK n Principle of ‘non-stimulation’, restricted markets until 1990 s – Privately owned National Lottery introduced commercial industry practices, uneven playing field – Internet bookmakers moved offshore to tax havens n Gaming Review 2001 (Budd Report) – proposes major liberalisation of gambling • introduction of gaming machines – in theory, growth is to be balanced by responsible gambling policies – Regulatory regimes not defined – Currently subject to industry lobbying
The way forward n Avoid policy lag - policy learning - be proactive, not reactive - avoid trend to devolve initiative to industry n A coordinated policy using all regulatory resources – review of legislation, range of regulatory options Needs a ‘whole of industry’ approach, consistency (not ad hoc, incrementalism) n Collaboration, policy input by community groups , local authorities n – consultation re licensing criteria – more specific regulations, application of appropriate sanctions – clarify offences & liability
Blueprint for gambling regulation Separate structure of institutions involved n Allocation of roles and functions: who should do it? How should it be done? n – – – policy development by parliament control of all gambling by independent regulator enforcement separate from policy & control adjudication shared by control authority & courts fund administration by independent trust, board Defined, accountable processes for implementation and enforcement n Avoid conflicting principles & objectives n Open, consultative & informed processes n The guiding principle = the broader public interest n
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