The Club Gaming Code of Practice Involuntary Exclusion Process

ADVERTISING

The introduction of the Club Gaming Code of Practice (the Code) has seen numerous involuntary exclusion applications received from member clubs and directly from family members. The ClubsNSW ClubSAFE team has been supporting members, family members, and even the patron subject to an assessment to navigate the process, access relevant support services, and providing recommendations for assessment outcomes.

Key Points

A robust process has been developed for family- and venue-initiated exclusions.
Numerous involuntary exclusions have already been assessed and enforced.
Templates, application forms, and ongoing support and guidance are available for member clubs.
ClubSAFE can assist your preferred counselling/exclusion service providers in establishing their process.
The process supports and includes other responsible gambling service providers.

The Involuntary Exclusion Process

Member clubs and family members can initiate an involuntary exclusion assessment via the online form. For club-initiated exclusions:

ClubSAFE counsellors will contact the club to obtain any information and provide template letters for the club to notify the patron they are being considered for an involuntary exclusion.
The patron is provided the notice along with the relevant privacy information documents and given the opportunity to enter a self-exclusion.
The patron is given two weeks to provide information to demonstrate why an exclusion is not necessary.
ClubSAFE will complete its assessment, utilising an assessment criterion consistent across all applications.
The club will be provided a recommendation as to whether an exclusion should be enforced, as well as an assessment outcome template to provide the patron.
If the club decides to exclude the patron, their information will be entered into the multi-venue self-exclusion (MVSE) system so the club can manage it similarly to a self-exclusion.

For family-initiated exclusions, the process is largely similar, with a few key differences to enhance protections for the applying family members, as well as maintain the privacy of the patron:

A family member will apply for an involuntary exclusion via the online form.
ClubSAFE will review the application and contact the family member to ensure, firstly they qualify as a family member under the Code; and can demonstrate the gambling harm they are experiencing.
If the family member does not qualify, or cannot demonstrate gambling-related harm being experienced, the assessment will be closed, and the associated venue notified for them to complete a report in their gaming incident register.
The family member in any case will be provided information to access support services relevant to their needs.

If the assessment is to proceed, steps 1 through 6 of the above process will occur.

Throughout the family-initiated exclusion assessment, the patron subject to the assessment will always be advised that the assessment has been initiated by the club. This is to ensure the greatest possible protections for the family members.

Further, no information will be provided back to the family applicant about the patron, their attendance at the club, gambling behaviour, or otherwise. The applicant will only be made aware of whether the exclusion will be enforced or whether it was assessed that an exclusion is not appropriate. Members in this situation will still be advised to monitor the patron moving forward to determine whether a future need for exclusion arises.

The Approach

The process has been designed to allow members to utilise ClubSAFE’s team of expert responsible gambling counsellors and clinicians, or another responsible gambling service provider (e.g. BetSafe), instead of having to resource and train internally for such a complex matter.

Providing a recommendation back to the club as opposed to a directive to enforce an exclusion allows each club to consider the powers to exclude members under their constitution to ensure their members' rights are being maintained.

It is important clubs consider whether constitutional changes are required to be able to restrict their members' access to the venue based on an involuntary exclusion.

ClubsNSW can provide recommendations for additional clauses to a club’s constitution that will support its ability to enforce involuntary exclusions and minimise the risk of breaching the Registered Clubs Act. ClubsNSW is exploring opportunities to recommend legislative changes to include involuntary gaming exclusions in the Act to further protect its members.

Appeals

Should a patron with an involuntary exclusion, or a family member disappointed with the assessment outcomes wish to appeal the process, they can do so by application to the Code Administrator via the Complaints Form. This includes complaints about the outcomes of other responsible gambling service providers.

Should members have any questions they can contact ClubASSIST on 1300 730 001, or the ClubSAFE Team via email at [email protected].