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Gambling Code of Conduct

Part 1 – Preliminary 

  1. Scope

 This code of practice is prescribed under PBCF Policies & Procedures 

  1. Commencement

This code of practice will apply from 1st November 2023. 

  1. Purpose of the code

(1) The purpose of this Gambling Code of Practice is to ensure PBCF compliance with legislation & regulations in and around the promotion and conduct of gambling. in particular—

(a) to reduce the prevalence and severity of harm associated with the misuse and abuse of gambling activities; and

(b) to foster responsible conduct in relation to gambling and in particular, to ensure that gambling is conducted responsibly, fairly and honestly, with regard to minimising the harm associated with gambling; and

(c) to facilitate the balanced development and maintenance, in the public interest, of socially responsible gambling, recognising the positive and negative impacts of gambling on communities; and

(d) to ensure that gambling is conducted honestly and free from interference, criminal influence and exploitation; and

(e) to ensure, as far as practicable, that the conduct of gambling is consistent with the expectations and aspirations of the public.

(2) For the purposes of clause 3(1)(a) harm associated with the misuse and abuse of gambling activities includes—

(a) the risk of harm to children, vulnerable people and communities (whether to a community as a whole or a group within a community); and

(b) the adverse economic, social and cultural effects on communities (whether on a community as a whole or a group within a community); and

(c) the adverse effects on a person’s health or welfare; and

(d) the adverse effects on a person’s family, friends and work colleagues.      

 (3) The intention of this code of practice is to commit gambling providers to:

(a) ensure that gambling practices are consistent with the community’s expectations that gambling businesses will be conducted in a responsible manner so as to minimise the harm caused by gambling;

(b) ensure that gambling advertising is consistent with the community’s expectations that gambling businesses will be conducted in a responsible manner so as to minimise the harm caused by gambling and is socially responsible;

(c) consider and implement measures to minimise harm associated with gambling activities;

(d) maintain standards of operational practice that, as a matter of course, address harm minimisation;

 (e) not undertake operational practices involving unacceptable risk of harm. 

  1. Interpretation

(1) Unless the contrary intention appears, expressions defined in legislation will have the same meanings in this code of practice. These include:

Condensed warning message means the following message – “Gamble responsibly”

Gambling advertising means any advertising by a gambling provider of a particular gambling product, products or gambling activity (including to open a gambling account), whether in print or electronic form,  including media (internet and all electronic and social media), radio, television, print media, signs and billboards, and any advertising on radio or television in the nature of a plug or endorsement, celebrity commentary, or program content which is in exchange for payment, or some other form of valuable consideration.

Gambling area means the immediate environs of the point of sale for a product

Inducement means any credit, voucher or reward offered to a person as an inducement to participate, or to participate frequently, in any gambling activity (including as an inducement to open a gambling account, or as an inducement to not close a gambling account).

Permitted external sign means a sign affixed to the outside of a building containing a gambling area or affixed to the outside of a permanent structure within the immediate environs of a building containing a gambling area, which is under the control of PBCF that –

(a) displays PBCF’s logo or name or indicates the availability of a gambling activity inside the building.

(b) provides a virtual gambling area, being a webpage, application or a display on an internet-enabled device, which provides for a person to gamble with PBCF.

    

Part 2 – Required advertising practices

PBCF is to ensure that gambling advertising is conducted in a responsible manner that takes into account the potential adverse impact it may have on the community, particularly minors or people experiencing gambling-related harm or at risk of developing negative consequences associated with their gambling. Gambling advertising must be compliant with applicable State and Federal laws and any relevant industry codes of practice. 

  1. Responsible gambling advertising

(1) PBCF must ensure that gambling advertising—

(a) does not encourage a breach of law;

(b) does not depict children gambling;

(c) is not false, misleading or deceptive; 

(d) does not suggest that winning will be a definite outcome of participating in gambling activities;

(e) does not promote the consumption of alcohol while engaging in gambling activities;

 (f) must be published in accordance with decency, dignity and good taste;

(g) does not offer any credit, voucher or reward, as an inducement to participate, or to participate frequently, in any gambling activity.

(h) does not make claims related to winning or the prizes that can be won that are not based on fact, are unable to be proven or that are exaggerated;

(i) does not suggest that a player’s skill can influence the outcome of gambling activity in relation to gambling where a player’s skill cannot influence the outcome of the gambling activity;

(j) does not exaggerate the extent to which skill can influence the outcome of gambling activity in relation to gambling where the outcome does not involve an element of lottery;

(k) does not include the expressions “Win” or “$”, unless these expressions specifically relate to a prize that has been determined or is payable, or to an estimate of a prize which can be won.

(l) are not directed or likely to appeal (whether in terms of style, tone, content, medium, location or any other factors) primarily to persons under 18 years of age. No suggestion should be made in any advertising that anyone under the age of 18 can participate in lotteries;

 (m) all terms and conditions associated with promotions, bonus offers or competitions are clearly defined and accessible;

 (n) does not give the impression that buying lottery tickets is a reasonable strategy for financial attainment or will definitely improve a person’s financial prospects;

 (o) does not offend prevailing community standards and are in accordance with the Commercial Television Industry Code of Practice as in force at the time the lottery advertising is published;

(2) For the purposes of this clause, PBCF will not be regarded as advertising when—

(a) PBCF sends communication direct to a customer;

(b) PBCF draws attention on its website to its gambling products or gambling activities;

(c) PBCF draws attention, in printed point of sale material, to its gambling products or gambling activities;

(d) a person, by use of an internet search engine, an automated indexing system or any like facility, views or retrieves a link or reference to PBCF (whether or not PBCF has paid for the link to appear or to have greater prominence that it would otherwise).   

(e) PBCF draws attention to the community benefits of lotteries, rather than to its gambling products or gambling activities.

(3) PBCF must keep a copy (in print or electronic form) of any gambling advertising, including advertising of acceptable trade promotion lotteries, available for inspection for a period of 12 months following the conclusion of the advertising campaign. 

  1. Prize promotions and advertising

(1) Gambling advertising that refers to, or relies on prizes which are available to be won, or the frequency the prize may be won (whether or not the prize is a prize of money)—

(a) must include sufficient information for a reasonable person to understand the overall return to player or odds of winning; and

(b) if intended to encourage a person to gamble during a particular period, include sufficient information for a reasonable person to appreciate how likely it is that the prize will be won by someone during that period.

(2) If, in seeking to comply with this clause, PBCF—

 (a) calculates the theoretical number, value and frequency of prizes to be won;

(b) in the advertising suggests an outcome no less favourable to PBCF than that theoretical outcome; and

(c) obtains an actual outcome more favourable than that which was advertised,  PBCF will still be regarded as complying with this clause.

(3) Sub-clause (1)(a) does not apply to advertising of a trade promotion lottery offered in conjunction with the purchase of a gambling product if the odds or chance of winning the lottery are affected by the number of entrants, or dependent on similar factors beyond the control of PBCF. 

  1. Permissible advertising of inducements and complimentary gambling products

 (1) Despite clause 9(1)(g), PBCF may advertise an inducement for participation in an acceptable loyalty program – here called ‘Crusaders’, by drawing attention to the name of the loyalty program, its availability to customers and the benefits to members of the program.

 (2) Despite clause 9(1)(g), PBCF may advertise an inducement in the form of participation in an acceptable lottery promotion by drawing attention to the prizes, or of the offering of a complimentary gambling product. 

  1. Mandatory warning messages

 (1) Expanded warning messages, as set out in Schedule 1 for the periods stated, must be included in gambling advertising, unless the inclusion of the expanded warning message in that particular advertising would be unreasonable or impracticable.

(2) If gambling advertising does not include an expanded warning message, the gambling advertising must include the condensed warning message. 

(3) When a mandatory warning message is included in gambling advertising, the manner of its inclusion must be consistent with the message being a warning message.

(4) Gambling advertising which is a text message, tweet, email or social media posting of less than 160 characters must be concluded with the condensed warning message.  If the text message is more than 160 characters it must be concluded with the condensed warning message and the national gambling helpline number 1800 858 858. 

  1. Advertising on Radio and Television

(1) Gambling advertising must not be placed on radio between 6.00am and 8.30am, Monday to Friday (both days inclusive). 

 (2) Gambling advertising must not be placed on television between 4.00pm and 7.30pm, Monday to Friday (both days inclusive).

 (3) Despite clause 12, gambling advertising on radio may be accompanied by the condensed warning message and in the case of a plug or commentary, must end with the condensed warning message. 

(4) Despite clause 12, gambling advertising on television that is longer than 15 seconds, must be accompanied by the expanded warning message and in the case of a plug or commentary, must end with the condensed warning message and the national gambling helpline number 1800 858 858.

 (5) A mandatory warning message announced on radio or television must be spoken in a neutral tone, at a speed that is clear and easily understood and otherwise presented in a way which reflects the importance of a warning message.

 (6) PBCF must ensure, through instructions about their obligations under this code, that a mandatory warning message is appropriately respected for gambling advertising in live announcements and when mentioned by announcers before or after the broadcast of its gambling advertising.

  1. Additional requirements for print media, outdoor and other forms of advertising

(1) If the condensed warning message is used in advertising to which this clause applies, it must be accompanied by the national gambling helpline number 1800 858 858.

(2) In printed gambling advertising, the mandatory warning message must be presented in a font and colour with sufficient contrast as to make it distinct

(3) In outdoor gambling advertising (other than a permitted external sign) the mandatory warning message must be presented in a font and colour with sufficient contrast as to make it distinct

(4) Gambling advertising in the form of a permitted external sign need not be accompanied by a mandatory warning message.    

(5) An outdoor or indoor display or sign at a venue for any sort of event which is broadcast on television; or for an event on which betting takes place, the mandatory warning message must be presented in a font and colour with sufficient contrast as to make it distinct

(6) Gambling advertising in the form of a small logo (no more than 5400mm² with no linear dimension longer than 180mm) need not be accompanied by a mandatory warning message.

 

Part 3 – Responsible gambling practices 

PBCF must ensure that their general gambling practices are consistent with community expectations that gambling operations will be conducted responsibly and in a manner that minimises the harm caused by gambling, and is socially responsible. PBCF must conduct their business in accordance with all applicable State and Federal laws and legal requirements, and co-operate with regulatory bodies and government agencies in all matters, including compliance with legal obligations.  

  1. Responsible gambling operations

(1) PBCF must, for all gambling areas, virtual gambling areas, gambling telephone lines and internet sites, through which it provides its gambling products, ensure the existence of a document or documents (whether hard copy or otherwise) detailing— (a) the manner in which staff training and measures for interventions with problems gamblers are implemented; (b) the roles of staff (by job title) in the implementation of this code. 

(2) A document required by sub-clause (1) may be incorporated with any other operational document maintained by PBCF, but must be made known to and readily available to staff

(3) PBCF must develop and implement effective policies and procedures that enable staff to—

(a) identify people displaying signs of gambling harm by, but not limited to, reviewing player accounts for changes in patterns of play (e.g. increase in frequency of gambling, increase in spend), and reviewing customer communication (written and verbal) that may indicate the person may be experiencing harm; and

(b) respond to people displaying signs of gambling harm by engaging in a conversation about their gambling behaviour, offering pre-commitment and barring options, and referring them to a gambling help service; and

(c) ensure staff are trained in and carry out their functions in accordance with such policies and procedures.

(4) PBCF must establish a reporting process for the identification of suspected problem gamblers by staff and the recording of their details.

(5) PBCF must ensure they have a system in place to identify and monitor problem gambling indicators, and review the record of suspected problem gamblers at least weekly, including the details of the review and any steps taken to intervene.  Data captured by this system may only be used for the purpose of harm minimisation and no other purpose.

(6) The record of suspected problem gamblers must include sufficient detailed information to enable staff to identify the patron, and must be readily available upon request.

(7) If any loyalty program data or account data indicate that a person may be at risk of harm from gambling, PBCF must  limit the person’s gambling activities (eg. by suspending the account) until the customer is able to verify that they are able to sustain an increased level of gambling;

(8) If a person requests voluntary exclusion, PBCF must bar the person forthwith

(9) If a person requests third party involuntary barring of a gambler, PBCF must promptly make a considered decision.

(10) PBCF must document and implement procedures to ensure that enquiries about barring (regardless of who initiates them) and approaches for the making of barring orders, are responded to in a manner that is informative, timely and culturally appropriate and dealing with telephone enquiries in one call where possible.

(11) PBCF may make flexible informal arrangements with patrons, only if the arrangements limit, manage or control a gamblers access to gambling and PBCF reasonably expects that informal arrangements would be beneficial for the gambler.  This clause does not apply if a person requests a voluntary exclusion.

(12) All staff involved in selling PBCF’s gambling products will maintain a Barring Register by way of a ‘flag’ on the PBCF supporter database, and may be accessed to review any new or updated barring information.

(13) PBCF must ensure that at least one employee has administrator-level access for the purpose of updating and registering information into the barring register within the prescribed timeframe.

 (14) PBCF must ensure that any list identifies a person who is excluded (whether by formal barring order or otherwise) and ensures that person is not sent any marketing communications.

(15) PBCF must take reasonable steps to ensure that staff with a potential or actual gambling problem (involving any sort of gambling) are identified and referred for counselling, support or psychotherapy.

(16) PBCF must not permit a second-hand dealer, pawnbroker or any person of ill-repute, scallywag, villain or general low-life to conduct business in gambling areas. 

  1. Customer information and signage in gambling areas

(1) PBCF must—

(a) ensure the prominent display of the condensed warning message and the National Gambling Helpline on 1800 858 858 on or near each point of sale of its gambling product and on any electronic display in a gambling area which is used for displaying venue generated messages in the nature of internal advertising;

(b) in each gambling area display prominently a message indicating that gambling operations are governed by a code of practice and ensure that a copy of this code is made available on request;

  1. Customer interaction and help information

(1) PBCF must take all reasonable steps to ensure that a patron who demonstrates difficulty in controlling their personal expenditure on gambling products has their attention drawn to the National Gambling Helpline on 1800 858 858

 (2) PBCF must –

(a) identify a gambling rehabilitation agency that their patrons and families can readily access – this is the National Gambling Helpline on 1800 858 858

(b) ensure that staff are sufficiently informed about the identity National Gambling Helpline on 1800 858 858;

  1. Account holder information and virtual gaming:

(1) PBCF must in each virtual gambling area—

 (a) display prominently a message indicating that its gambling operations are governed by a code of practice; and

 (b) ensure a copy of this code is available from the webpage or screen that constitutes the virtual gambling area.

 (2) PBCF must provide prominent access to its responsible gambling materials on any webpage that includes a virtual gambling area.

(3) PBCF must ensure the prominent display of the condensed warning message at every point of sale in its virtual gambling areas.

(4) PBCF must at the time of establishing a gambling account indicate that its gambling operations are governed by this Gambling Code of Practice; and

(5) For the purposes of sub-clauses (2) and (4), PBCF must publish its responsible gambling materials in a form which includes the contents of a Helpline Card that includes the expanded warning message;

(6) PBCF must take all reasonable steps to ensure that a player who demonstrates difficulty in controlling their expenditure on gambling has their attention drawn to the National Gambling Helpline on 1800 858 858

  1. Financial Transactions
  • PBCF does not provide credit or lend money for the purchase of lottery products.
  • The purchase of lottery entries can be made via:
    1. Phonecall & ‘pledge’ – where entries are sent by email or post to the customer, and later paid by cheque or creditcard, BPAY or Postpay;
    2. Online, via the PBCF website “Buy Tickets” page with payment by creditcard;
    3. Cash should not be sent in the mail as payment
  • Prize winnings over $1000 are only paid by approved method, including cheque, direct deposit or EFT
  • For prizes under $1,000, payment may include cash, gift-cards, cash, cheque, direct deposit or EFT.
  1. Alcohol and Gambling

 (1) In any gambling areas or interactions, PBCF must take all practical steps—

(a) to prevent a person from being allowed to gamble if their speech, balance, coordination or behaviour is noticeably affected as the result of the consumption of liquor or some other substance;

(b) to prevent a person entering or remaining in a gambling area if their speech, balance, coordination or behaviour is noticeably affected as a result of the consumption of liquor or some other substance;

(c) to ensure that liquor is not supplied to reward, promote or encourage continued gambling.

(2) If PBCF is operating a gambling telephone line, PBCF must take all practicable steps to prevent a person from being allowed to gamble if the person’s speech, coordination or behaviour is noticeably impaired and it is reasonable to believe that the impairment is the result of the consumption of liquor or some other substance.

  1. Inducements

(1) PBCF must not offer or provide any inducement directed at encouraging a person to gamble.

(2) Sub-clause (1) does not apply to—

(a) the offering or provision of participation in an acceptable loyalty program (see clause 22);

(b) the offering or provision of participation in an acceptable trade promotion lottery (see clause 23), by drawing attention to the prizes;

 (c) the offering or provision of a complimentary gambling product;

 (d) the offering or provision in a gambling area of complimentary non-alcoholic beverages and refreshments of nominal value; or  

  1. Acceptable loyalty programs

 (1) A loyalty program is an acceptable loyalty program if it is a structured program which—

(a) is conducted in accordance with published terms and conditions;

(b) is advertised in a manner consistent with the advertising requirements for PBCFs gambling products;

(c) offers rewards proportionate to gambling activity (including non-monetary privileges attached to tiers in a stepped rewards system)

  1. Required training

 (1) PBCF must ensure that all people involved in selling its gambling products, or otherwise dealing with patrons, receive problem gambling training which identifies problem gambling and which explains the role and process of barring and exclusion; and

(a) provide refresher courses for all staff at least each 2 years;

(b) provide responsible gambling materials in the workplace to remind staff of policies and their responsibilities; and  

(c) include information on the recognition and identification of problem gambling traits.

  1. Privacy Policy

PBCF is committed to maintaining the privacy of player information in accordance with its Privacy Policy and ensures stpes to protect the unauthorised or inappropriate disclosure of personal information. Full details of the PBCF Privacy Policy can be found here.

  1. Ongoing Review of Policy

This Code of Practice is a dynamic document and will be reviewed annually to ensure ongoing compliance with banking & payment-card industry standards, and changes in State or Federal legislation and regulations.

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 Schedule 1 – Promotional Messages

 Expanded warning messages:

 Gamble responsibly. Stay in control. Leave before you lose it.

 You know the score. Stay in control. Gamble responsibly.

Know when to stop. Don’t go over the top. Gamble responsibly.

Think of the people who need your support. Gamble responsibly.

Don’t chase your losses. Walk away. Gamble responsibly.

 

  1. Appointed Helpline for Referrals

 National Gambling Helpline on 1800 858 858

 

 Merchant Facility & Banking 

Note: 

  • It is the cardholders responsibility to know the laws concerning online gambling
  • Minors (under 18 years of age) are not permitted to purchase lottery tickets or participate.

  

Sources & Acknowledgements:

The PBCF Gambling Code of Practice was developed & informed by:

Tatts NT Lotteries Pty Ltd

New South Wales Lotteries Corporation Pty Ltd,    

SA Government - State Lotteries Gambling Code of Practice