ACAT Ruling Clears Hellenic Club of Problem Gambling Breaches
The ACT Civil and Administrative Tribunal (ACAT) has cleared the Hellenic Club of Canberra of failing to record problem gambling incidents involving a local couple, despite the pair losing at least $345,000 on the club’s poker machines. While the tribunal dismissed the failure-to-record allegations, it found the club breached gaming regulations by allowing a patron to withdraw more than $200 in cash via EFTPOS at once. The ruling follows a $1.2 million fine originally imposed by the Racing and Gaming Commission in December 2024.
Tribunal Findings on Responsible Gambling Oversight
The ACAT decision hinged on the legal definition of “becoming aware” of problem gambling. Under the ACT’s gambling code of practice, clubs are required to record certain matters in a register within three days of “becoming aware of” a problem gambling incident.
According to the tribunal report, no current or former staff members testified that they were aware of any signs of problem gambling in regards to the Kasurinens. The tribunal noted that while employees were “genuine” in their efforts, they were “misdirected.” Two factors contributed to this: staff were largely ignorant of most of the behaviours they were supposed to be looking for, and the couple’s own comments led employees to believe the pair was financially well off and could afford the gambling. Furthermore, the tribunal found that staff possessed only “the vaguest of recollections” regarding the 32-item gambling behaviour checklist that was used in their training program for the Responsible Conduct of Gambling (RCG) certificates.
EFTPOS Breach and Regulatory Enforcement
While the club avoided penalties for failing to report gambling behavior, ACAT upheld findings that the Hellenic Club breached regulations regarding cash withdrawal limits. Gaming regulations prohibit EFTPOS “cash withdrawals” totalling more than $200.
The tribunal identified 45 instances where Mrs. Kasurinen exceeded this limit. In one case in December 2017, she withdrew $1,400 in less than two hours through a series of smaller transactions. The club argued that as long as each $200 transaction was completed both physically and electronically before the next was commenced, then each transaction was a separate withdrawal. ACAT rejected this defense. David Chambers, the son-in-law of the late Ray Kasurinen, stated that the ruling would “stop this from happening” and potentially save lives.
Did you know?
The Kasurinens were frequent visitors to the Hellenic Club, with Mrs. Kasurinen attending on 150 days in 2017 alone. The tribunal noted that the $345,000 loss figure only recorded when they used their membership cards in the machine, suggesting the actual total may be higher.
Future Implications for ACT Gaming Regulations
The Hellenic Club’s CEO, Ian Cameron, stated that the decision supports the club’s “longstanding position” regarding its commitment to providing a safe and supportive environment for its members. However, the legal battle is not over. ACAT is scheduled to resume hearings in November to determine a new fine for the club, specifically addressing the confirmed breaches related to EFTPOS withdrawals.
The case highlights a gap between mandatory RCG training and the practical application of recognizing problem gambling. As the tribunal noted, the “net effect” of existing training programs left staff unable to identify the very behaviors they were expected to monitor.
Frequently Asked Questions
Why was the Hellenic Club cleared of failing to record problem gambling?
ACAT found that no staff members were “aware” of any signs of problem gambling, which is the legal threshold for the requirement to enter incidents into a register.
What regulation did the club breach?
The club was found in breach of regulations preventing gambling machine players from withdrawing more than $200 in cash via EFTPOS at once, specifically regarding the frequency and total amount of transactions allowed for Mrs. Kasurinen.
What is the next step in this legal process?
ACAT will hold further hearings in November to determine the appropriate fine for the club following the confirmed EFTPOS breaches.
Where can I find help for gambling issues?
If you or someone you know needs help, support services are available.
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