Terms of reference related to the Independent Panel on Gaming Reform.
The Independent Panel on Gaming Reform held its final meeting on 25 November 2024.
1. Purpose
The Independent Panel on Gaming Reform (the Panel), will provide advice on the mandatory cashless gaming trial, the use of the $100 million fund for harm minimisation programs and a roadmap for implementation of further gaming reform across New South Wales out to 31 December 2024.
The Chair and two independent members of the Panel will form an Executive Committee responsible for providing advice to Government on the above issues in consultation with the Panel.
2. Responsibilities
The Executive Committee will be responsible for the following, in consultation with the Panel:
a) Providing advice on the 12-month cashless gaming trials in NSW hotels and clubs, including:
- Finalising a framework for the trial covering processes and assessment criteria
- Recommending venues to participate in the trial, with a mix of hotels and clubs across metro areas of highest use, other metro areas, and regional areas
- Approving updates as requested to the Minister for Gaming and Racing on progress and early findings
- Reviewing research findings of the trial
- Developing recommendations for Government, taking into consideration infrastructure investments required, impact on employment and industry, impact on gambling harm, options to further reduce gambling harm, and impact on reducing money laundering.
b) Providing advice to inform a gaming reform implementation roadmap by November 2024 detailing:
- Principles governing the development and implementation of further gaming reform in NSW, and the critical considerations for communities, law enforcement, harm minimisation, anti-money laundering and the industry
- Milestones for the possible delivery of mandatory gaming reform in all NSW hotels and clubs, provided the research findings of the trial support this objective
- The recommended technical and system standards and privacy and data protections that should be adopted by Government
- Further measures arising from the trial of cashless gaming that should be taken in consideration to stop money laundering, minimise the harm caused by EGM gaming to individuals and community, and support the ongoing economic sustainability of the sector and the maintenance of jobs, with a particular focus on smaller venues, regional venues, and border town venues.
c) Making recommendations on the use of the $100 million harm minimisation fund, which will help:
- facilitate the 12-month cashless trial
- implement recommendations from the trial
- reduce gaming machine entitlements; and
- fund harm minimisation programs.
d) Consulting with additional industry representatives, harm minimisation experts, academics and relevant experts and other relevant representatives as the Panel determines.
e) Consulting with Liquor & Gaming NSW, the Cabinet Office and NSW Treasury as required on a proposed review of the ClubGRANTS Scheme which will be undertaken separately to, but concurrently with, the work of the Panel.
While the Executive Committee will be responsible for the provision of advice to Government, this advice will be prepared in consultation with the broader Panel.
3. Panel arrangements
3.1 Composition and Size
a) The Panel will consist of the Chair, members, and standing guests to provide representation from industry, gambling harm minimisation and health experts, law enforcement, academia and government agencies.
b) The Chair and two independent members of the Panel will form an Executive Committee responsible for providing advice to Government in consultation with the Panel.
c) Members will have a mix of skills, experience and qualities required to support effective input.
d) The Minister for Gaming and Racing will recommend Panel members in consultation with the Premier. The Secretary, Department of Creative Industries, Tourism, Hospitality and Sport (DCITHS) will engage members on the basis of recommendations from the Premier, Minister for Gaming and Racing and DCITHS.
e) The Secretary, DCITHS, in consultation with the Minister for Gaming and Racing, may vary membership of the Panel at any time without notice.
3.2 Role of the Chair and the independent members (Executive Committee)
a) The Chair is responsible for leading the activities of the Panel, including:
- facilitating the conduct of meetings;
- ensuring individual members make an effective contribution; and
- facilitating the flow of information to members and stakeholders by ensuring that appropriate secretariat support is provided.
b) The Chair is responsible for reporting the activities of the Panel to the Secretary, DCITHS and Minister for Gaming and Racing.
c) The Chair and the independent members will form the Executive Committee of the Panel.
3.3 Role of Panel Members
a) Members are required to attend, participate and raise any issues of concern at meetings.
b) Members unable to attend a meeting must advise the Panel secretariat ahead of the meeting and advise if a representative will attend on their behalf.
4. Meetings
a) The Panel will meet monthly and/or at such other times as the Chair may advise to undertake its role effectively (e.g. to stand-up trials and prepare the implementation roadmap)
b) Out of session papers will be considered as needed between meetings and/or at such other times as the Chair may advise to undertake its role effectively.
c) The Panel’s preference will be to conduct meetings in person, but it may also conduct meetings by video conference or out of session arrangements, provided all members have a reasonable opportunity to participate in the meeting.
d) To facilitate an even workflow throughout the year, an annual meeting calendar is to be adopted, which includes all scheduled meetings. Other persons may be invited to attend the Panel meetings from time to time by Panel members pending approval of the Chair.
e) The Executive Committee will meet as necessary.
5. Secretariat
a) Liquor & Gaming NSW, supported by the Cabinet Office will provide secretariat support to the Panel including:
- Managing meeting invitations, attendance, agendas, minutes and record of action items
- Collation of papers, which may be authored by organisations represented on the Panel, relevant government agencies or by expert advisors as requested.
- Circulation of draft minutes and actions arising for endorsement by the Panel within five (5) business days of the meeting.
6. Quorum
a) The Chair and 6 members including at least one representative each from industry and the responsible gaming sector.
b) The Chair and both independent members are required for a quorum of a meeting of the Executive Committee.
7. Conflicts of interest, confidentiality, and other matters
a) Members or attendees will be required to complete a Conflict of Interest Declaration listing any conflict of interest (actual, perceived or potential), so that appropriate steps may be taken to address the matter.
b) Members will be required to sign an appropriate deed in order to be appointed to the Panel, containing provisions relating to conflicts of interest, confidentiality, intellectual property, liability and indemnity.
c) Members or attendees will be required to keep their Conflict of Interest Declaration up to date at all times and otherwise formally advise the Chair of any change in circumstances that affects the accuracy of this declaration.
d) Members or attendees will, upon receiving papers and/or at the start of each meeting before discussion of the relevant agenda item or topic, notify the Chair if they have a conflict of interest (actual, perceived or potential) in relation to any proposed agenda items or topics.
e) Details of interests declared by members will be recorded in the Conflict of Interest register.
f) Details of interests declared by members and actions taken may be recorded in the minutes.
8. Consultation and disclosure
Release of public papers or public consultation/briefing will be on approval of the Chair, who will seek Secretary, DCITHS or Minister for Gaming and Racing approval.
Members may not disclose any information acquired as a result of their involvement in the Panel or discussed or shared at/through Panel meetings (including out-of-session) to media directly or indirectly in any form without approval of the Minister for Gaming and Racing.
9. Working Parties and Committees
Where the Panel identifies the need for the creation of additional Working Party or Committee, it may recommend the creation of these for the purposes of addressing specific areas of focus for the Panel. On the recommendation of the Panel, Working Parties and Committees can include individuals who are not members.
10. Access to information and advisors
The Panel may, from time to time, invite standing guests, advisors, subject matter experts, or Government representatives to attend meetings or otherwise provide information or advice that the Panel requires.
11. Panel papers
a) Papers requested, including those requested of standing guests, advisors, subject matter experts, or Government representatives, are to be provided to the secretariat at least five (5) business days prior to the scheduled meeting or out of session date for decision.
b) The meeting agenda and papers will be provided by the secretariat to members at least three (3) business days prior to the scheduled meeting or out of session date for decision.
c) Meeting papers should include either recommendations for the Panel to action or updates for information.
d) The Secretariat will provide:
- a summary of key activities undertaken during the period;
- outcomes achieved and key results for the period; and
- matters for endorsement by the Panel and/or resolution.
12. Decision-making
Decisions by the Executive Committee will be decided by majority.
13. Remuneration
a) The Chair, the two independent members, and the Panel member with lived experience, will be remunerated for their expertise, skills, knowledge and time.
b) Other Panel members and standing members are ex officio appointments and as such, will not receive remuneration.
c) Those being remunerated will be engaged directly by DCITHS in line with the requirements of relevant policies, plans and procedures, including, but not limited to, the Performance and Management Services Scheme, with a monthly invoicing arrangement.
14. The Panel Terms of Reference
These Terms of Reference take effect on approval of the Minister for Gaming and Racing in consultation with the Premier.
The Terms of Reference may be amended by the Panel, or the Secretary, DCITHS who may seek advice from the Panel. Any changes to the Terms of Reference must be approved by the Minister for Gaming and Racing in consultation with the Premier.