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VCAT upholds VGCCC ruling against OkeBet over unlawful marketing breaches

Tribunal affirms AU$100,000 (US$66,000) penalty for breaches involving self-excluded customers and community clubs.

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VCAT
Key Points
VCAT dismisses OkeBet’s appeal and confirms VGCCC’s findings
Operator sent gambling promotions to self-excluded individuals
Prohibited inducements were offered to community sporting clubs

The Victorian Civil and Administrative Tribunal has upheld the Victorian Gambling and Casino Control Commission’s decision that online bookmaker partnership OkeBet breached the Gambling Regulation Act 2003. The breaches involved marketing to self-excluded individuals and offering unlawful inducements to community sporting clubs.

The VGCCC issued a AU$100,000 (US$66,000) fine and a formal censure in September 2024 after determining that OkeBet had taken advantage of community clubs and exposed their members to gambling harm. VCAT dismissed OkeBet’s appeal in full, affirming the Commission’s findings and the seriousness of the conduct.

VGCCC Chief Executive Suzy Neilan said the outcome reinforces the need to protect vulnerable people and community institutions from practices that heighten gambling risks. She stressed that local sports clubs serve as social anchors and must not be used as channels to promote gambling, especially when the promotions involve inducements prohibited under Victorian law. 

Under the regulatory framework, wagering providers are barred from offering credit, rewards or other benefits as incentives to open an account. They are also required to ensure that promotional material is not sent to self-excluded persons.

Neilan highlighted that self-exclusion is a critical harm-minimisation measure. It indicates an individual’s explicit desire not to engage with gambling services or marketing, a signal that operators are legally bound to respect.

VCAT’s written reasons underscored this obligation, with the Deputy President noting that self-exclusion clearly communicates a lack of consent to receive any direct marketing. The Tribunal also found evidence that some self-excluded individuals experienced harm after receiving OkeBet’s promotions, including one complainant who reported significant distress.

Neilan said the decision serves as a reminder that operators must comply with the law and prioritise harm minimisation. VCAT will consider submissions on penalty later this year. 

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Wagering providers in Victoria are banned from offering any inducement to open a betting account

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