Gaming related compliance programs
The Gaming Machine Act 1991 requires that all gaming machine licence holders have in place a gaming-related compliance program that meets minimum standards. These standards are meant to assist existing and new licensees meet their obligations under the Act.
Gaming related compliance programs minimum standards:
- a statement of commitment to gaming-related compliance
- a standing agenda item dealing with matters of compliance at meetings of the board of directors/management committee/partners (not applicable to natural person licensees)
- documented complaint handling and incident escalation procedures that can deal with gaming-related issues
- documented process for training in gaming-related functions
- adequate system of record keeping.
Additionally, for clubs only:
- key financial, contractual and operational matters remain under the control of the board of directors/ management committee
- documented processes to ensure that:
- the board of directors/management committee familiarise themselves with the club’s constitutional objectives
- the constitutional objectives are always taken into account in relation to business planning, implementation and review
- documented systems to ensure proper accountability.
View further details in the Guideline for gaming-related compliance programs (PDF 150 K)
Download form 76
Form 76 - Statement against minimum requirements for a gaming-related compliance program (PDF 55 K)Frequently asked questions
The licensee is a proprietary company that rarely has meetings or that has only one director and rarely has meetings. Resolutions are generally passed without a directors meeting being held. Will the company need to have more regular meetings in order to satisfy minimum standard two?
The purpose of minimum standard two is to ensure the licensee has a process in place for it to keep fully informed and up to date with matters relating to gaming. The licensee is responsible for ensuring compliance with the gaming legislation and is the entity against which enforcement action is most likely to be taken in the event of non-compliance.
A proprietary company need not have a meeting for this purpose to be satisfied, provided information relating to matters that would otherwise have been included in the gaming compliance standing agenda item are received and considered by directors on a regular basis. For instance, the directors may be provided with this information on a monthly basis.
Where a meeting is not held, the directors' receipt and consideration of the information, as representatives of the licensee, must be adequately documented. It is expected that this would be done by the directors passing a resolution that complies with relevant provisions of the Corporations Act 2001.
Regardless, the compliance program document must describe the process employed by the licensee for the purpose of satisfying minimum standard two.
The licensee is a partnership and the partners rarely have a meeting. Will the partnership need to have more regular meetings in order to satisfy minimum standard two?
The answer to FAQ 1 is also relevant to partnerships. In the case of partnerships, resolutions passed by the partnership need not be in accordance with the Corporations Act, however should comply with any requirements stated in the partnership agreement. Regardless, the consideration of the material by the partners and any resultant resolutions must be adequately documented.
The licensee already has documented systems in place that cover the matters outlined in some of the minimum standards. How should these be referenced in the compliance program document?
It is not intended that the compliance program replace processes and procedures a licensee may already have in place which meet any or all aspects of the minimum standards. The minimum standards provide a means of assisting licensees to document, enhance and/or reference these pre-existing processes and procedures.
Although making references to other documents is an acceptable method for documenting the licensee's compliance program in the compliance program document, it is important for the licensee to ensure that:
- The document/s referenced contain all the information that would otherwise be required to be in the compliance program document for the particular minimum standard.
- Sufficient description of any referenced document is given in the compliance program document to demonstrate that it is relevant to the particular minimum standard.
- Any document that is referenced in the compliance program document is available at the licensed premises for review by relevant staff and is able to be produced/provided to the Office of Liquor and Gaming Regulation (OLGR) upon request.
For further information on OLGR's gaming-related compliance program, phone 13 QGOV (13 74 68) or email info@olgr.qld.gov.au
Last reviewed 4 August 2011