Positive response to strengthened regulations
During routine inspection activities across hotels and clubs to check compliance with gaming harm minimisation requirements, Liquor & Gaming NSW (L&GNSW) inspectors were concerned to identify several instances of non-compliance with the rules about the placement of Automatic Teller Machines (ATMs) within venues with gaming machines.
While inspectors took a strong stance to enforce the legislation, industry was slow to respond, resulting in the issue of 61 penalty notices and the commencement of seven court matters. As those prosecutions played out in court, it became clear that the laws around placement of ATMs and signage were not clear enough to protect patrons.
To address this, strengthened regulations were implemented to provide greater clarity for venues on what is and is not acceptable. The changed requirements result in greater protections for patrons to reduce the negative impacts of gambling by encouraging a clean break in play for those who may be losing track of their spending.
L&GNSW undertook a lengthy education campaign to ensure that venues understood the changes and the timeframe in which compliance was expected. Allowing a longer lead-in to the commencement of the new regulations allowed better support for venues to make the necessary venue upgrades and changes before the strengthened regulations came into effect.
The educative campaign included engaging peak bodies and industry groups, delivering proactive webinars and newsletters, and updating guidance material. Inspectors also worked to educate and inform venues on the changes needed for them to be compliant and support patrons displaying concerning gambling behaviour.
After a six-month transition period, an enforcement campaign saw over 2,000 inspections across the state. While over 90 per cent of venues were compliant, L&GNSW still issued 61 penalty notices and 206 cautions.
This is an overall positive response to the strengthened harm minimisation regulations, and the law is now clear.
ATM requirements compliance program
Since January 2025, ATMs and EFTPOS terminals in hotels and clubs that are used to provide cash withdrawals to patrons must:
- be located outside of a five (5) metre radius of any entrance to, or exit from, a gaming area in the hotel or club, and
- not be visible from a gaming machine or entry to a gaming room or area or room where gaming machines are located.
The distance requirement refers to a ‘radius’ and does not allow for ATMs within that area, even if the walking distance is greater than five metres.
The distance is calculated from the nearest point of the ATM to the nearest point of the gaming room entrance.
A gaming machine or jackpot sign must not be visible from a cash dispensing facility.
Information for Responsible Gambling Officers, Gaming Plans of Management and Gambling Incident Registers can be found on the Responsible gaming web page.
Licensees, managers, and club secretaries should, in the first instance, seek further information about compliance obligations from their peak body.