The Victorian Civil and Administrative Tribunal (VCAT) has upheld the Victorian Gambling and Casino Control Commission’s (VGCCC) finding that online wagering partnership OkeBet breached the Gambling Regulation Act 2003 by sending promotional gambling material to self‑excluded individuals and offering prohibited inducements to community sporting clubs. The Commission’s original penalty—a $100,000 fine and a formal censure—remains in place.
“We took disciplinary action in September 2024 because we were concerned that OkeBet was exploiting community sporting clubs and exposing their supporters to gambling harm. We were also concerned that self‑excluded people continued to receive promotional offers,” VGCCC CEO Suzy Neilan said.
VCAT dismissed OkeBet’s appeal, affirming both the Commission’s findings and its enforcement approach.
Neilan emphasized that the ruling reinforces the need to protect vulnerable individuals and community institutions from harmful gambling practices.
“Local footy and netball clubs are the heart of their communities. They should not be used as channels to promote gambling—especially when those promotions involve inducements that are prohibited by law,” she said.
Under Victorian law, wagering service providers are prohibited from offering any credit, voucher, reward, or benefit as an inducement to open a betting account. Operators must also ensure that self‑excluded individuals do not receive marketing communications.
“Self‑exclusion is a critical harm‑minimisation tool. When someone self‑excludes, they are clearly signalling that they do not wish to gamble or be exposed to gambling marketing. That signal must be respected,” Neilan added.
In its written reasons, VCAT found that a customer’s self‑exclusion is “clear evidence that the customer does not consent to receiving direct marketing from OkeBet.” The Tribunal also noted that some self‑excluded individuals who received OkeBet’s marketing suffered harm, including one complainant who experienced significant mental distress after receiving promotional material months after self‑excluding.
“This decision is an important reminder that wagering providers must comply with the law and take all reasonable steps to minimise gambling harm,” Neilan said.
VCAT will consider submissions on penalties later this year.
