VCAT Confirms VGCCC Findings Against OkeBet for Self-Exclusion and Inducement Breaches
Liability for Harmful Gambling Promotions Upheld by VCAT
The Victorian Civil and Administrative Tribunal has upheld a decision by the Victorian Gambling and Casino Control Commission (VGCCC), confirming that online bookmaker partnership OkeBet contravened the Gambling Regulation Act 2003 (Vic). The ruling reinforces regulatory expectations around harm minimisation and the protection of vulnerable individuals and community organisations from unlawful gambling promotions.
VCAT dismissed OkeBet’s appeal and affirmed the Commission’s findings that the operator sent promotional gambling material to self-excluded individuals and offered prohibited inducements to community sporting clubs to encourage new betting account registrations. As a result, the previously imposed $100,000 fine and formal censure against OkeBet remain in place.
Self-Exclusion and Community Protections at the Centre of the Ruling
The decision highlights the legal and ethical importance of self-exclusion as a core harm-minimisation safeguard. According to the Tribunal, self-excluded individuals clearly communicate that they do not consent to receiving gambling marketing. VCAT found that OkeBet failed to respect this signal, with evidence showing that some affected individuals experienced significant mental distress after receiving promotional materials.
The Tribunal also addressed OkeBet’s engagement with community sporting clubs, determining that inducements offered to clubs to drive betting account sign-ups breached the law. Under Victorian regulations, wagering service providers are prohibited from offering credits, rewards, vouchers, or other benefits as incentives to open betting accounts.
Regulator Emphasises Harm Prevention and Industry Accountability
VGCCC CEO Suzy Neilan stated that the decision reinforces the regulator’s commitment to protecting both vulnerable individuals and community institutions from gambling harm. She noted that local sporting clubs often serve as the social backbone of communities and should not be used as marketing channels for gambling promotions, particularly where prohibited inducements are involved.
VCAT’s Deputy President further clarified that self-exclusion represents a clear withdrawal of consent for direct marketing, leaving no ambiguity for wagering operators about their legal obligations.
Implications for Wagering Service Providers
The ruling sends a clear message to the gambling industry that compliance with harm-minimisation laws is non-negotiable. Operators must ensure that marketing systems are robust enough to prevent communications with self-excluded customers and that partnerships with community organisations do not cross regulatory boundaries.
While VCAT has upheld the findings and disciplinary action, submissions on penalty will be heard later this year. Regulators reiterated that they will continue to take enforcement action where operators fail to meet their responsibilities.
The case underscores the growing regulatory focus on consumer protection, responsible marketing, and the accountability of wagering providers operating in Victoria’s regulated gambling environment.
