Australian court upholds regulator’s ruling against OkeBet
The Victorian Civil and Administrative Tribunal (VCAT) has upheld the Victorian Gambling and Casino Control Commission’s (VGCCC) decision against OkeBet, confirming breaches of the Gambling Regulation Act 2003 (Vic). It was found that OkeBet encouraged new betting accounts by offering inducements to local sports groups and sent gambling promotions to people who had self‑excluded. The decision, which carries a AU$100,000 (approx. US$70,844), highlights the importance of protecting local clubs from unlawful activities and safeguarding individuals who have chosen to abstain from gambling.
Overview of OkeBet investigation
In September 2024, the VGCCC took disciplinary action against OkeBet after identifying compliance failures. The company appealed the decision, but the regulator’s findings showed that OkeBet had disregarded key safeguards, particularly those relating to self‑exclusion and inducement rules.
The VGCCC is Victoria’s independent regulator responsible for overseeing gambling activities. VCAT reviews decisions made by government bodies, providing a forum where appeals are assessed against evidence and the law. In gambling cases, when VCAT supports the VGCCC, it confirms that the regulator’s decision was legally valid and properly justified. The VGCCC imposed an AU$100,000 (approx. US$70,844) fine on OkeBet and issued a formal censure.
Breach of Gambling Regulation Act 2003 (Vic)
OkeBet was found to have breached the Gambling Regulation Act 2003 (Vic) by offering inducements to local sporting groups to promote new betting accounts and by sending gambling promotions to those who had formally self‑excluded. Ignoring self‑exclusion undermines the legal safeguard designed to protect people who decide to stop gambling. Similarly, providing rewards or benefits to clubs to influence members into opening accounts is prohibited under the law.
OkeBet appealed the VGCCC’s findings, disputing the conclusions reached. However, VCAT rejected the appeal, noting that the evidence clearly showed self‑excluded individuals had not consented to receiving gambling promotions and that this caused harm.
VCAT’s key findings
VCAT confirmed that self‑exclusion is clear evidence of unwillingness to receive gambling promotions. Testimony from a person who had self‑excluded months earlier but still received OkeBet’s promotions, causing significant mental distress, was among the evidence demonstrating the real and documented harm.
VGCCC CEO Suzy Neilan emphasised the importance of respecting self‑exclusion as a key safeguard for vulnerable individuals. She also noted that community sporting clubs, such as local football and netball teams, should not be drawn into gambling activities through inducements or promotions.
Neilan stated, “Self-exclusion is a critical harm-minimisation safeguard. It is a clear signal from an individual that they do not wish to gamble or to be exposed to further gambling marketing. That signal must be respected.”
Importance of self‑exclusion programmes
Self‑exclusion programmes provide a clear safeguard for individuals who wish to withdraw from gambling environments and marketing. Respecting this decision is essential, as disregarding self‑exclusion undermines personal autonomy, which is why breaches are treated seriously under the law. Community sporting clubs are central to local life, bringing people together and fostering a sense of belonging. When gambling becomes linked to these spaces, it can erode trust, create financial strain, and place vulnerable members of the community at risk.
The VCAT ruling against OkeBet highlights the broader implications for the gambling sector, demonstrating that compliance with the law is a fundamental requirement and that violations carry serious consequences. Later this year, VCAT will review further submissions regarding OkeBet’s penalties, which may lead to additional outcomes. Beyond financial penalties, reputational damage is likely to persist for much longer.
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