Standing Committee on Justice and Community Safety · 2017. 4. 5. · Standing Committee on Justice...

Standing Committee on Justice and Community Safety

Inquiry into referred 2015–16 Annual reports

Responses to questions taken on notice at public hearing of 8 March 2017

STANDING COMMITTEE ON JUSTICE AND COMMUNITY SAFETY Mrs Giulia Jones MLA (Chair), Ms Bec Cody MLA (Deputy Chair), Ms Elizabeth Lee MLA, Mr Chris Steel MLA

L E G I S L A T I V E A S S E M B L Y F O R T H E A U S T R A L I A N C A P I T A L T E R R I T O R Y

No. Agency / Report Minister Question(s) 1. JACSD Attorney-General

OLMCGs

2. JACSD Attorney-General

Anti-consorting laws

3. JACSD Attorney-General Guidelines for the technical amendment program in Parliamentary Counsel’s Office

5. & 6. JACSD Attorney-General

ICMS to capture data on offences while on bail

7. Electoral Commission A/g Electoral Commissioner

Complaints received by the Electoral Commission for the 2016 election


Provisions in the Electoral Act re the 100 metre rule


Fines for over expenditure of election funds by third party campaigners

10. CMTEDD Attorney-General

Canberra greyhound industry







14. CMTEDD Minister for Regulatory Services Where ATMs are allowed to be placed in community clubs.

15. CMTEDD Minister for Regulatory Services Social Impact Assessment undertaken for the application by the Mawson Club for additional EGMs

No. Agency / Report

Minister Question(s)

16. CMTEDD Minister for Regulatory Services

Social Impact Assessments

17. CMTEDD

Attorney-General Government evaluation of the AQUIS proposal

18. CMTEDD

Minister for Regulatory Services Regulations regarding lotteries

19. CMTEDD

Attorney-General Government support to the hotel industry

20. CMTEDD Attorney-General Numbers on existing EGMs that can be retro-fitted for $1 maximum bets and mandatory pre-commitment

21. Consumer Affairs and Road Safety

Minister Justice, Consumer Affairs and Road Safety

Business inspections—random investigations

22. Corrections Sentence Administration Board

Minister for Corrections Upgrade of Corrections IMS and whether this includes the Sentence Administration Board.

23. Corrections Sentence Administration Board

Minister for Corrections Parole participation in the Throughcare Program

24. Coordinator General for Family Safety

Minister for the Prevention of Domestic and Family Violence

Funding for Domestic and Family Violence



Funding for Legal Aid and Community Legal Centres



Alcohol or drug inflicted problems and domestic and family violence

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

STANDING COMMITTEE ON JUSTICE AND COMMUNITY SAFETY GIULIA JONES MLA {CHAIR), BEC CODY MLA {DEPUTY CHAIR), ELIZABETH LEE MLA, CHRIS STEEL MLA

Inquiry into referred 2015-16 Annual and Financial Reports ANSWER TO QUESTION TAKEN ON NOTICE

7 March 2017

Asked by Mrs Giulia Jones MLA:

In relation to: OMCG visits

2 MAR 2017

Mr Pryce: Or the visits. We have had visits over years. So the number of visits, in my understanding, has not really changed. They are worried that it may change, and so that is what we are looking at, at the moment.

THE CHAIR: Yes. Can you provide some substantive evidence to the committee that the numbers of visits of OMCG has not changed, as you have just stated?

Mr Pryce: I would have to get that through policing and take that on notice, Mrs Jones.

THE CHAIR: Yes. Please do.

Minister Gordon Ramsay MLA: The answer to the Members question is as follows:-

. ACT Policing and the media often report information about alleged Outlaw Motorcycle Gang runs.

I am aware that the Chief Police Officer has indicated that she has concerns about the increasing number of OMCGs that will travel to Canberra to undertake preparations and planning for their criminal activity.

I am advised that the Minister for Police and Emergency Services is making arrangements for a further protected briefing with ACT Policing and the Australian Criminal Intelligence Commission, after which the Leader of the Opposition and other relevant Opposition members will be given an opportunity for a briefing on these issues.

Approved for circulation to the Standing Committee on Justice and Community Safety

Signature: ~ .A-t'AI~~'? Date: :i;J,?, F1-

By the Attorney..l=I, Mr Gordon

Civic Square, London Circuit (GPO Box 1020) Canberra ACT 2601 T (02) 6205 0127 F (02) 6205 0432 E [email protected] W www.parliament.act.gov.au

Printed on 100% recycled paper


STANDING COMMITTEE ON JUSTICE AND COMMUNITY SAFETY GIULIA JONES MLA (CHAIR), BEC CODY MLA (DEPUTY CHAIR), ELIZABETH LEE MLA, CHRIS STEEL MLA


8 March 2017

Asked by Mrs Giulia Jones MLA and Mr Jeremy Hanson MLA:

In relation to: Serious and Organised Crime, OMCGs, Anti-consorting laws

2 o MAR 2017

MR HANSON: Can you provide a list to the committee ofthe laws that are in place that do provide for non-association so that we have got a list of what those laws are?

Mr Pryce:Shall we take it on notice?

THE CHAIR: Yes please.

Minister Gordon Ramsay MLA: The answer to the Member's question is as follows:-

A number of laws are available to the courts to restrict the association of two or more people. ACT Policing may make suggestions to the Director of Public Prosecutions (DPP) about a person's associations and the DPP may make submissions to the court about restricting these associations. The court is required to consider whether the restriction of a person's associations would be reasonable and proportionate.

Bail Act 1992 A person who applies for bail under the Bail Act 1992 can be granted bail subject to any conditions imposed by the court or a police officer. Conditions can include a requirement that the person does not associate with another person or group of people, or a condition that a person does not attend a particular place. A person who breaches a condition of their bail may be arrested and required to appear in court regarding the breach. These conditions are enforceable by police through arrest and bringing the accused person before the court as soon as practicable.

Intensive Correction Orders A person who is found guilty of an offence may be sentenced to an intensive correction order (ICO) under section 11 of the Crimes {Sentencing) Act 2005. A person serving intensive correction

Civic Square, London Circuit (GPO Box 1020} Canberra ACT 2601 T (02} 6205 0127 F (02) 6205 0432 E [email protected] W www.parliament.act.gov.au


must comply with the conditions outlined in section 41 ofthe Crimes {Sentence Administration) Act 2005, which include the core conditions of the offender's order and any additional conditions of the order. An additional condition may include a requirement to not associate with a person or a group of people or attend a particular place.

The court may make a non-association order or a place restriction order (NAPRO) in connection with an ICO. The court may make a NAPRO if satisfied that it is necessary and reasonable to make the order to prevent the offender from harassing anyone or endangering the safety or welfare of anyone, prevent the offender from committing further offences or assist the offender to manage things that may make the offender more likely to commit further offences if not managed. A nonassociation order means an order prohibiting an offender from being with or attempting to be with a named person, communicating in any way with the person or attempting to do so. A place restriction order means an order prohibiting an offender from being within a stated distance of a named place or area or attempting to be in or within the stated distance of the place or area.

Section 41 (2) (c) of the Crimes (Sentencing) Act provides that a person serving intensive correction must comply with any NAP RO made by the sentencing court for the offender. A breach of a NAP RO is a breach of the accompanying ICO.

The Sentence Administration Board (SAB) may conduct an inquiry to decide whether an offender has breached their ICO obligations. If the SAB finds the person has breached an obligation the SAB may: warn the offender; suspend the ICO for 3 or 7 days during which time the offender will serve the ICO in full-time detention; or cancel the ICO.

Good Behaviour Orders The court may also make a NAP RO if it makes a Good Behaviour Order (GBO). A GBO is an order requiring the offender to sign an undertaking to comply with the offender's good behaviour obligations un_der the Crimes (Sentence Administration) Act for a stated period of time. If a person breaches their GBO, the court may consider giving the offender a warning, amending the order, giving the Director-General directions about the offender's supervision, ordering the payment of security or cancelling the order.

Parole Orders A person who applies for parole under the Crimes (Sentence Administration) Act may be granted parole by the SAB. Section 130 (2) of the Act provides the SAB with the power to impose any condition it considers appropriate on the offender's parole order, including a condition that a person does not associate with another person or group of people, or attend a particular place. If the SAB conducts an inquiry into an offender's parole obligations and finds the offender has breached a condition of their parole, the SAB may cancel the offender's parole order, requiring the offender to return to custody to serve the balance of their sentence of imprisonment.

Approved for circulation to the #ing Committee on Justice and Community Safety

Signature: ~~ Date: oUJ•J, I/ By the Attorney-General, Mr Gordon Ramsay MLA

Page 2 of 2


STANDING COMMITTEE ON JUSTICE AND COMMUNITY SAFETY GIULIA JONES MLA (CHAIR}, BEC CODY MLA (DEPUTY CHAIR}, ELIZABETH LEE MLA, CHRIS STEEL MLA


8 March 2017

Asked by Mrs Giulia Jones MLA: 15 MAR 2017 ;...

In relation to: Technical amendment program AC'f LA ~<::>IJ:: E su~

MR HANSON: Thanks, Madam Chair. I want to talk about the technical amendments program that is detailed on page 42.

Mr Pryce: Sorry, what page?

MR HANSON: 42 in the annual report. It talks about, "Legislative reforms for its ongoing technical amendments program that provides for amendments that are minor or technical and noncontroversial." There has been some concern over a number of years that often in a SLAB statutory law amendment bill there will be items that are, I guess, of significance as opposed to minor and technical. Can you give me a little bit of an explanation of what it is that you are aiming to put into slab bills and a lot of this is initiated by the PCO is it not and/or from the directorate? These are minor and technical and, you know, my understanding is that significant issues affecting more substantive issues are being dealt with in separate standalone bills. But can you give me a little bit of an update on that process and how that is being monitored?

Mr Ramsay: And so just as a summing point obviously noting that that is a matter that is going to be looking at in one of the committees at the moment and there is always going to be some conversation around the definitions of minor, technical. There are a range of words that are there and certainly that is one of the things that has been picked up in the referral to the committee. We look forward to that but yes.

Ms Toohey: Mary Toohey, Parliamentary Counsel. So, Mr Hanson, the technical amendments program that you referred to is the program that we run in PCO. There are a set of guidelines that were written many years ago now and we have been operating under those guidelines since then to produce the Statute Law Amendment Bill for each autumn and spring sitting of the Assembly. The guidelines, they are actually available on our website and I can make sure that they are-

THE CHAIR: Could I just ask for that link or document to be provided directly to the committee on notice? That would be really helpful.

Ms Toohey: Absolutely, sure.

Civic Square, London Circuit (GPO Box 1020) Canberra ACT 2601 T (02) 6205 0127 F {02) 6205 0432 E [email protected] W www.parliament.act.gov.au



The set of guidelines the Parliamentary Counsel's Office uses to produce statute law amendment bills is provided at Attachment A.

Approved for circ,ula~j the Stan~ommittee on Justice and Community Sa:ty

Signature: 1/ffd{I,,-~ Date: /~ /1 h By the Attorney.!General, Mr Gordon Ramsay MLA

Page 2 of 2

Australian Capital Territory

Subject: ACT le9.islatio11-technical amendments program-guidelines

Background

1 The object of the technical amendments program is to make ACT legislation simpler and more coherent, and to keep it up to date. The program deals only with minor or technical amendments and repeals that are not controversial.

2 The program is implemented by-

• presenting a statute law amendment bill in each sitting of the Legislative Assembly (Spring and Autumn); and

• including schedules of technical amendments in other amending legislation (where appropriate).

Statute law amendment bills

3 A statute law amendment bill will be prepared for each sitting of the Legislative Assembly.

4 Statute law amendment bills usually have 4 schedules but may contain more if needed.

5 Schedule 1 contains minor policy changes proposed by government agencies. Amendments will be included in the schedule only if-

• the Chief Minister has given drafting approval for the amendments; and

• they are not controversial, not important enough to justify the introduction of a separate amending bill and otherwise meet the guidelines for inclusion in the technical amendments program.

6 Schedule 2 contains amendments proposed by the Parliamentary Counsel to ensure the overall structure of the statute book is developed to reflect best practice. Structural issues are particularly concerned with making the statute book more coherent and concise, and therefore more accessible. These amendments generally relate to Acts of general application (eg the Legislation Act 2001) and are directed at avoiding unnecessary duplication of provisions and ensuring the maximum degree of standardisation of provisions, consistent with operational and policy requirements. Amendments are only included if they are not controversial.

7 Schedule 3 contains technical amendments proposed by the Parliamentary Counsel. The amendments may correct minor typographical or clerical errors, improve grammar or syntax, omit redundant provisions, remove gender specific references or otherwise update or improve the form of the legislation ( eg, administrative and machinery provisions about appointments and delegations etc to take advantage of the Legislation Act 2001). Amendments are only included if they

A

are technical (that is, they do not change the effect of the law in significant respects) and are not controversial. This schedule may include editorial amendments that could be made under the Legislation Act 2001 but are appropriate to refer to the Legislative Assembly.

8 Schedule 4 contains repeals of obsolete or unnecessary legislation, proposed by government agencies or the Parliamentary Counsel's Office. Repeals will be included in the schedule only with the Chief Minister's approval.

Technical amendment schedules in amending legislation

9 Technical amendments ( of the kind suitable for a statute law amendment bill, schedule 3) may also be added to particular items of amending legislation if appropriate. The amendments would be proposed by the Parliamentary Counsel, and included in a separate schedule that indicates that they are technical amendments. The Parliamentary Counsel's Office will prepare explanatory notes for the amendments and include them in the schedule.

Matters inappropriate for the technical amendments program

10 The Parliamentary Counsel assesses the suitability of each amendment proposed to be included in the technical amendments program.

11 Amendments that have significant policy implications or are controversial are not included in the technical amendments program. The following are examples of amendments that would not be made as technical amendments:

• amendments creating or abolishing offences • amendments increasing or reducing penalties for offences • amendments imposing liabilities, particularly retrospective liabilities • amendments of Acts dealing with a controversial subject matter • amendments prejudicing the rights of anyone • amendments that may be perceived as favouring or disadvantaging a

particular person • amendments removing or restricting jurisdiction of a court or tribunal • amendments imposing or changing liability to tax • amendments appropriating public money • amendments that directly affect a government agency other than the

sponsoring government agency if the amendments have not been agreed between agencies

• amendments that are engthy or voluminous (unless they are of a minor, repetitive nature)

• amendments proposed for an earlier statute law amendment bill that were found to be inappropriate

• amendments previously rejected by the Legislative Assembly.

April 2002


STANDING COMMITTEE ON JUSTICE AND COMMUNITY SAFETY GIULIA JONES MLA {CHAIR), BEC CODY MLA (DEPUTY CHAIR), ELIZABETH LEE MLA, CHRIS STEEL MLA


8 March 2017

Asked by Mr Jeremy Hanson MLA and Mrs Giulia Jones MLA:

In relation to: New ICMS system

(,;MAR 2017 \

MR HANSON: It is possible, humanly possible, to go back through court records to identify through people who are convicted of offences who at the time were on bail. That is something that we have asked for, for about three or four years now so you have had plenty of time to go back and just look at convictions that have occurred in the court and find out who was on bail and what was the nature of those convictions. If you are going to be analysing, you know, any evidence-based sense how bail laws are operating and how effective they are why have you not done that?

Mr Martin: So we are working with the courts through the implementation of the integrated court management system. We expect to have better access to information about the circumstances of offenders.

MR HANSON: Sure but that information is sitting there. It has not been collated but that information is sitting there and available. If you are going to have a view on how effective bail is and how many people are committing offences whilst on bail why has that information not been collated because you have been aware about this as an issue actually for about five years now that that information is not collected. That there is a desire in the Assembly and the community for that information can be provided so a view on how bail laws are operating can be formed. Why has JACS not done that?

Ms Field: So JACS has been-

Mr Martin: Sorry, I was going to point to one issue that has progressed in the time that, in the last two to three years and that is making better use of information that police have in relation to an accused person's conduct in the past in relation to presenting themselves to court or committing offences whilst on bail. So the key change is that police now have revised the way that they present information to the DPP when they are recommending that bail should be opposed.

MR HANSON: On individual cases but what you are saying to me is that five years after first asking for a view of how many offences have been committed by people whilst they are on bail you still cannot answer that question after five years.



THE CHAIR: And I just to clarify, I think from a community interest perspective it is incumbent upon us to collate that type of information when there are fears in the community about people on bail committing serious offences both here and in other places. And so I wonder if that body of work can be undertaken even ahead of the change of the systems because people pay their rates in this place to have things analysed by the government and I think this is actually not low in the community1s mindset from the conversations I have been having in the community.

Ms Field: So if I were to take someone offline to do this it would take considerable time and that is where-

THE CHAIR: How much time, Ms Field?

Ms Field: Well, it is going to take-

MR HANSON: More than five years.

Ms Field: The thing is that we have done more things like put in the bail review power and things to respond to family violence.

THE CHAIR: I mean, that is excellent but how can we know how big the issue is that we are actually dealing with if we have never analysed the actual numbers of offences taking place? Are we in line with the rest of the country? Are we behind? These are normal questions. They are not odd questions for us to be posing.

Ms Field: Because it is a paper based system at the moment it would be extremely work intensive whereas once ICMS is in we expect that it will be better.

THE CHAIR: Well, when is ICMS expected to be in?

Ms Field: So my understanding is next year.

Mr Martin: 2018/2019.

THE CHAIR: 2019? Do we have someone who can explain that?

Mr Martin: Just while Mr Kellow joins us, if I could frame the issue that in essence the question about bail is a judicial exercise of risk and we understand that the way we measure risk is through information on a case by case basis.

THE CHAIR: I understand that, Mr Martin, but what we are talking about here is how are we tracking overall and it is not uncommon in government departments to check the overall figures. So, Mr Kellow.

Mr Kellow: Yes, Phillip Kellow, Principal. The integrated case management system we rolled out for the criminal jurisdictions as the final stage by middle of next year, so middle of 2018. The system provides an opportunity to do-

THE CHAIR: Searches.

Mr Kellow: -basically a data dump so we can warehouse the data however we want and we will need to work out that and we can interrogate that data but it still requires some expertise to write that programming to interrogate and we are just developing now a schedule of works or priorities as to what reporting. So we have got some key runs around our accountability indicators and strategic objectives that we report to the Assembly through the annual report process. We contribute data to report on government services. We can certainly add this particular item in that list of reporting to develop and get advice as to what is possible

Page 2 of4

I think one of the challenges we have in these sorts of matters even within the court is individuals for various privacy reasons and historical reasons do not have individual identifiers and we are trying to work out ways of tracking-

THE CHAIR: Yes. We are not necessarily asking for the data on who has committed offences on bail. It is more a matter of whether offences have been committed or has that information not been accessible?

Mr Kellow: I am not sure how you, I am not a computer person, it is not how you match the data of people found guilty of an offence and then match data around the bail. So it is trying get that linear history without identifying.

THE CHAIR: So in the new system is that resolved for cases from here forward?

Mr Kellow: The high quality data will come from new matters that get into the system. We will migrate the data that we have in the existing system but that is a much smaller database and there are a large number of blanks there.

THE CHAIR: Indeed but, Mr Kellow, my question is with the new system with this high quality data has that particular issue of tracking an individual's actions with or without a name will that have been resolved by mid-2018 for the new data?

Mr Kellow: Theoretically it will be possible to interrogate the database for those sorts of figures. How complicated it is we need to get advice.

THE CHAIR: Well, can I ask that you take on notice whether by mid-2018 our new systems will, at the very least, capture this information and also could we have on notice how many hours of work it would take to interrogate the paper based system to find out the answer to the question which is burning on everybody's minds?


I am advised that once fully implemented the Integrated Case Management System will capture a unique identifier for each accused person as part of the data to be provided by ACT Policing with each charge, and so is expected to be able to produce reports on offences committed by persons while on bail.

The resources required to interrogate the current paper based system to ascertain the number of instances where offences are committed while on bail are prohibitive. The ACT Law Courts and Tribunal has estimated that it would take about 6,800 hours to manually review the paper based files to identify the number of offences that have been committed over the last three years by a person while on bail. This process would involve investigating, identifying and examining every file relating to a person who has been granted bail during the relevant period.

Page 3 of 4

Approved for circulation to the Sta ding Committee on Justice and Community Safety

Signature: ¥ . Date: //,J,F/ By the Attorney-General, Mr Gordon Ramsay MLA

Page 4 of4




8 March 2017

Asked by: Mrs Giulia Jones MLA

In relation to: Campaign complaints

Request for data on the number of complaints received by the Electoral Commission for the 2016 election by category compared with similar data on complaints received for the two previous elections.

The answer to the Member's question is as follows:-

There were 169 complaints made to the Electoral Commissioner relating to the 2016 election, each of which was seriously considered and investigated.

Most of the complaints were of a similar nat.ure to those received in 2008 and 2012, although the overall number increased from 154 in 2008 to 204 in 2012, then decreased to 169 in 2016.

In 2016, 132 of the complaints related to activities of parties and candidates, 29 related to activities of Elections ACT and a further 8 related to other matters.

The complaints fell into the broad categories shown in the table below, comparing the 2008, 2012 and 2016 elections.

The following table displays the number of complaints received by the ACT Electoral Commission for each of the 2008, 2012 and 2016 elections.

15 MAR 20\7



• Canvassin within 100-metres on a ollin lace 30 • Authorisation of advertisements 17 • Miscellaneous1 5

Matters not re ulated under the Electoral Act laces2

e 10 facilities/s stems 0 staff assistance 9

0 10 11

Miscellaneous 5

Note 1: These complaints included assertions that a party provided incorrect information regarding the use of the electoral roll, issues relating to misleading/deceptive advertising, and assertions in relation to the expenditure cap.

Note 2: These complaints were referred to Transport Canberra and City Services, and included references to the number, size and location of signs, location of stationary vehicles displaying advertising, and use of public land.

Note 3: These covered a range of activity including the quality of messages in advertising, acceptable canvassing, junk mail, and use of material without permission.

Note 4: The unrelated complaints referred to issues such as the availability of electoral roll data, compulsory voting, the media blackout, voter identification not being required and the ABC television coverage.


Signature: ~< Date: 15 March 2017

By the Acting Electoral Commissioner, .Rohan Spence

18 33 24 35 16 12

13 39

13 2 14 1 10 6

123 4 15 2 8 7

10 7

Page 2 of 2




8 March 2017


In relation to: Canvassing within 100m of polling places

Request for advice about which sections in the Electoral Act provide for the 100 metre rule


Section 303(2) of the Electoral Act 1992 prescribes that if the building where a polling place is located is situated on grounds within an enclosure, the Commissioner may, by written notice, specify the boundary of that enclosure for a defined polling area.

Section 303(7) defines defined polling area in relation to a polling place, to mean the area either within the building where the polling place is located, and within 100m of the building; or if the Commissioner issues a notice in relation to the polling place -within the boundary of the enclosure specified in the notice, and within 100m outside that boundary.

Approved for circulation to the Standing Committ~e on Justice and Community Safety

Signature: ~ Date: 15 March 2017 /

By the Acting Electoral Commissioner, Rohan Spence

.

15 MAR 2017

I~' ·. -.. j •• , ••

..__-....'...'..~~--

Civic Square, London Circuit (GPO Box 1020} Canberra ACT 2601 T (02} 6205 0127 F (02} 6205 0432 E [email protected] W www.parliament.act.gov.au





8 March 2017


In relation to: Penalty in relation to a breach of the expenditure cap

What is the rationale/background for imposing a fine for breaches of the expenditure cap?


In its September 2011 report following the review of campaign finance laws in the ACT, the Standing Committee on Justice and Community Safety noted that an important part of achieving compliance with the financial disclosure scheme is providing penalties for instances where participants fail to observe expenditure caps. Consequently, the Committee made the recommendation that "there be significant penalties for parties and /or candidates exceeding applicable caps on electoral expenditure."

In the Government response to the report, tabled on 21 February 2012, the Attorney-General, Mr Simon Corbell MLA, provided agreement in principle, asking "given that a failure to observe caps on electoral expenditure could influence election outcomes, what penalties would be appropriate in a situation where a failure to observe the law could arguably have led to a changed election outcome?"

Mr Corbell further questioned whether penalties should be tied to the monetary value for a breach. For example, if a party exceeds its expenditure cap, should the penalty be based on the amount by which the cap is exceeded?

In its response the Government proposed that the Government bill would include "penalties for breaching the cap, set at a reasonable and proportionate rate, considering penalties in other jurisdictions."

On 23 February 2012, the Attorney-General presented the Electoral Amendment Bill 2012 which set the penalty for breaching the expenditure cap at 100 penalty units.

On 10 May 2012 while debating the Bill, Mr Corbell moved an amendment stating that the amendment reflected discussions across the parties that there was a preference, by majority, for a civil penalty rather than a criminal penalty. Mr Corbell's amendment replaced the concept of penalty units for a breach of the expenditure cap and replaced it with the concept of a penalty to the territory equal to twice the amount by which the electoral expenditure exceeds the cap.

Civic Square, London Circuit (GPO Box 1020) Canberra ACT 2601 T {02) 6205 0127 F {02) 6205 0432 E [email protected] W www.parliament.act.gov.au


Mrs Vicki Dunne MLA (Canberra Liberals) and Ms Meredith Hunter MLA (The ACT Greens) both supported the amendment.

From 1 July 2012, s205F and s205G of the Electoral Act 1992 included provision for imposing a penalty equal to twice the amount by which the electoral expenditure exceeds the expenditure cap for the election.


Signature: Date: 15 March 2017

By the Acting Electoral Commissioner, Rohan Spence

Page 2 of 2




8 March 2017

Asked by Mr Mark Parton MLA:

In relation to: Greyhound Racing Industry

1 6 MAR.2017

MR PARTON: All right. If the industry continues, if the greyhound industry continues, under its own volition in future years, what further action will this government take to end this industry?

Mr Ramsay: I will take that on notice.


As the 2016-17 Budget Review states, the Government is ceasing funding for the greyhound racing industry in the ACT effective from 30 June 2017. The Government will then take active steps to transition to end the operation of the industry in the ACT.

An independent consultant, Ms Mary Durkin, was recently engaged to provide an analysis of options to support the transition to end the greyhound racing industry in the ACT. The Terms of Reference for this analysis include that consideration be given to the proposed end date for the transition of 30 June 2018 -a year after funding ceases.

I anticipate the analysis will canvas the issue of what legislative provisions, if any, the Government may wish to consider in implementing the transition.

Approved for circulation to the Standi Committee on Justice and Community Safety

Signature: ~~ ,&~~JrH!f Date: / b .J•/7 By the Attorney-General, Mr Gordon Ramsay MLA

Civic Square, London Circuit {GPO Box 1020) Canberra ACT 2601 _T {02) 620S 0127 F {02) 6205 0432 E [email protected] W www.parliament.act.gov.au


LEGISLATIVE AS·SEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY



8 March 2017



MR PARTON: Yes. What I might go with is, what are the legislative implications of potentially ending the Canberra Greyhound Racing Industry for the other two racing codes?

THE CHAIR: There you go.

Mr Ramsay: I will take that on notice. 16 MAR 20\7


The Government does not anticipate any legislative implications for the Canberra Racing Club and the Canberra Harness Racing Club.


Signature: ~ ~/WV .,.,,,,.rv1 Date: I Ip/,~ By the Attorney-General, Mr Gordon Ramsay M

Civic Square, London Circuit {GPO Box 1020) Canberra ACT 2601 T {02) 6205 0127 F {02) 6205 0432 E [email protected] W www.parliament.act.gov.au





8 March 2017



MR PARTON: Minister, in your media release of March 3 you stated that continued operation of th'e greyhound racing in ACT is out of step with community values. How did you come to that conclusion?

Mr Ramsay: I will take that on notice, yes.


It remains the Government position that the continued operation of greyhound racing in the ACT is out of step with community values. This was clearly endorsed by the people of Canberra in the outcome of the recent election.

The ACT Government has serious concerns about the animal welfare impacts of greyhound racing, as disclosed in the McHugh Inquiry in NSW, and understands that many in the ACT community share these concerns. This has been evident through a number of channels, from constituent feedback through to media coverage of the issue.






8 March 2017



MR PARTON: What will you do if the greyhound racing industry declines your transition support?

Mr Ramsay: Take that on notice.


The Government will not be forcing industry participants to take up the transition support package. The Government is, however, committed to developing a fair transition package that will include support for industry participants through training and re-skilling, as well as developing a welfare plan for greyhounds. The Canberra Greyhound Racing Club has been issued with an open invitation to participate actively in the development of the transition package to support ACT dog owners, breeders and trainers, and ACT greyhounds.

The Government has also recently engaged an independent consultant, Ms Mary Durkin, who is engaging with industry participants so they can have a full say in building a transition package that provides assistance to those involved in the industry. Discussions with the Canberra Greyhound Racing Club have already commenced.

The Government acknowledges there may be some ACT industry participants that choose to continue to pursue greyhound racing outside of the ACT.


Signature: ~ AANI/IVVU.., Date: / 7- J · n By the Attorne/4~, Mr Gordon R msay MLA

Civic Square, London Circuit (GPO Box 1020) Canberra ACT 2601 T {02) 6205 0127 F {02) 6205 0432 E [email protected] W www.parliament.act.gov.au


Asked by MS JONES:

In relation to:




8 March 2017

1 7 MAR 2017

Are you able to come back with the committee with the details of where ATMs are allowed to be in clubs in these venues?

MINISTER RAMSAY: The answer to the Member's question is as follows:-

Cash facilities (including ATMs, EFTPOS facilities and any other facility for gaining access to cash or credit) must not be in a gaming area within a club's premises. This is a harm minimisation measure that ensures that there is sufficient separation between the gaming area and access to any cash facility. Access Canberra inspectors, as authorised officers of the ACT Gambling and Racing Commission, regularly check cash facility locations as part of the gaming machine licensee inspection program.


Signature: f lllYfr,.J,J2. .... ~. . Date: (JS· J 7 By the Minister for Regulatory::;~~:zn Ramsay MLA





'.· ~GE.iv~ Inquiry into referred 2015-16 Annual and Financial Report ,1 ~ <)

ANSWER TO QUESTION TAKEN ON NOTICE

8 March 2017

Asked by MS LE COUTEUR:

In relation to a social impact assessment for the application for additional gaming machines at the Mawson Club:

MS LE COUTEUR: And so is that social impact assessment going to be published on your website? And how many submissions did you receive about it?

Mr Snowden: We are making changes within the current process to ensure, in the future, that social impact assessments are published on our website. At the moment it is currently not published. It is available for public viewing, but we have not, at this point in time, published social impact assessment.

MS LE COUTEUR: So when-could I request to view it now, or when will a decision be made? How would we get to see it?

Mr Snowden: Well, we can provide a copy of it to you. We have that.


a) Social Impact Assessments are currently not published on any Government website. Section 13(2)(a) of the Gaming Machine Act 2004 provides that the public are able to inspect the Social Impact Assessment at the Commission's office during ordinary business hours for six weeks after a day stated in the public notice.

b) The Gambling and Racing Commission received one submission on this Social Impact Assessment. c) Ms Le Couteur was able to view the Social Impact Assessment at the Commission's office during

ordinary business hours during the six week comment period.

d) Noting the six week comment period closed on 13 March 2017, Access Canberra facilitated a representative of Ms Le Couteur's office to inspect the Social impact Assessment as early as possible.

e) This matter is scheduled for consideration by the Gambling and Racing Commission Board on 21 March 2017.

Signature:

By the Minist

the Standing Committee on Justice and Community Safety

Date: / J 3-r?

Civic Square, London Circuit {GPO Box 1020} Canberra ACT 2601 T {02} 6205 0127 F {02} 6205 0432 E [email protected] W www.parliament.act.gov.au




Inquiry into referred 2015-16 Annual and Financial Reports,· ; ·. CE~ . ANSWER TO QUESTION TAKEN ON NOTICE ~~"' t, ~

8 March 2017 /' , 0

Asked by MS JONES:

In relation to Social Impact Assessments:

THE CHAIR: Mr Snowden, is there a document that explains how the consideration is done for these social

impact statements?

Mr Snowden: Look, I would have to take that on notice, Ms Jones.

THE CHAIR: Okay. Otherwise can we have a summary, perhaps, of how that is done?


Details about social impact assessments and their required content are outlined in Division 28.1 of the Gaming Machine Act 2004 and Part 3 of the Gaming Machine Regulation 2004.


Signature: J~ L _ By the MinisterL:ul=~on Ramsay MLA

Date: / 7,J, /7



LEGISLATIVE ASS.EMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY



8 March 2017


In relation to: AQUIS Casino precinct - unsuccessful application

MR PARTON: Thank you. I am back on Aquis, and I would like to ask the minister what criteria are being applied in evaluating the Aquis proposal, and more specifically will the government's evaluation process take into account the financial performance of Aquis?

Mr Ramsay: As I say, the primary lead with the work is under the relation of the Chief Minister as Minister for Economic Development, but I am happy to take it on notice and get back to you with that.


The Aquis proposal is being evaluated under the Investment Proposal Guidelines for Investors (Attachments A and B) applicable at the time the proposal was received.

The proposal is currently being evaluated by Government, and this work is being led by Innovate Canberra, within the Chief Minister, Treasury and Economic Development Directorate.

Civic Square, London Circuit {GPO Box 1020) Canberra ACT 2601 T (02) 6205 0127 F {02) 6205 0432 E [email protected] W www.parliament.act.gov.au


Concept Submission: A submission which outlines at a concept level, the scope, timeframe, risks and costs of the proposal for ACT Government support. It also should include a detailed estimate of the costs and timeframe to develop a Detailed Business Case. ACT Government Support: Government support can take various forms. The provision of ACT Government 'business as usual' activities and facilitation services does not fall within the definition of government support for the purpose of the Guidelines. ACTPS Integrity Policy: The ACTPS Integrity Policy is designed to protect public money and property, protect the integrity, security and reputation of the public sector agencies while maintaining a high level of service to the community and private sector. It sets out that ACT Government Officials should perform their functions with the highest integrity, not abuse their office; and protect public money and property appropriately. Detailed Business Case: A submission which details the scale, scope, timeframe, risks and costs of the proposal for ACT Government support. Developer's Fee: A fee paid to the proponent reflecting the time, cost and intellectual property transferred in the development of the Detailed Business Case. Exclusive Negotiation: A process whereby the proponent and ACT Government agree on the scope, timefranie and government support for a proposal. Swiss-Challenge Tender Process: A competitive tender process where the proponent has an opportunity to match the best value-for-money proposal tendered as part of the competitive process.

Phase Submission Provide a timely decision on the ACT Government's intent to proceed with a detailed

consideration of the investment proposal.

activities • Prepare and lodge a concept submission using the template available at Appendix B -

Application Form. Submissions should be sent to: [email protected]

• Consider whether sufficient information is available to support an application for 'exclusive

negotiation' at the concept submission stage (if not defer any request until phase 2)

• Respond to any requests for additional information in respect of the application

• Present the proposal to the Director General of the Economic Development Directorate

(EDD) or delegate and relevant officials and any advisors as agreed. A one hour presentation

by the proponent, including question and answer, is envisaged.

Invest Canberra activities • Promptly acknowledge submission and nominate a Case Manager to provide a point-of-

contact for the proponent

• Undertake a preliminary screening to confirm eligibility or alternative Government pathway

• Initiate requests for any additional information required to support a decision

• Bring together relevant Government stakeholders for early engagement with the project

• Appoint any advisors as required2 taking consideration of the complexity and scale of the

proposal

• Prepare a recommendation to the Director General of EDD on whether the project should

proceed to phase 2

• Facilitate a timely decision by the Director General of EDD

• Facilitate consideration by the ACT Government of any early request for 'exclusive

negotiation'

• Communicate the outcome of Government decision(s)

Phase 2-Detailed Business Case

Develop the Detailed Business Case leading to a Government decision whether to

proceed with the proposal

"''"""'"07 activities • Negotiate and enter into a non-binding Participation Agreement

• Attend establishment meeting

• Develop the Detailed Business Case. The Detailed Business Case will address the assessment

criteria and cover the project scope, cost, financial, technical, risks, environmental; and

social, details. The full scope will be agreed as part of the participation agreement.

• Provide project updates

• Present outcome of Detailed Business Case

Invest Canberra activities • Issue notification about the nature of the project, and commencement of phase 2, to the

public and potentially relevant third parties (unless exceptional circumstances apply)

• Develop the Participation Agreement

• Convene the Assessment Panel

2 The appointment of probity advisors will provide independent assurance that the procurement process and/or commercial relationship is conducted transparently and with due diligence.

Advisors

Advisors may provide expert advice to Invest Canberra, the Assessment Panel and the Government regarding the proposal and the management of the application process. Advisors may provide a range of services.

The Participation Agreement will include: • details of the topics to be covered in the Detailed Business Case to be submitted by the

proponent;

• arrangements for communication and the provision of information between the

Government and the proponent in relation to the proposal, including any commercially

sensitive material;

• project-specific measures in relation to the assessment criteria;

• the scope of any potential 'developer fee';

• a timeframe for the completion of Phase 2;

• risk management identification and strategies; and

• any other relevant matters.

,_.,,., . ..,,.,.,., Plan

Invest Canberra will coordinate a probity plan with advice from the ACT Government Solicitor. The probity plan will outline the Government's proposed commitment to and approach for participating in phase 2 of the project.

1. Public Interest: The proposal must align with the ACT Government's strategic economic,

social, and environmental policy objectives.

2. Public Value: The proposal must represent value-for-money, in that the proposal is an

effective and efficient use of support or facilitation provided by the Government.

3. Feasibility: The proposal is believed to be practically achievable.

The ACT Government will consider three different procurement options for the delivery of the project. The three procurement options include: Exclusive Negotiation; 'Swiss Challenge' Tender Process; and Developer fee. These options and the rationale for their use are described at Appendix C- Commercial Relationship Options.

The ACT Government Officials will conduct its dealings with proponents with integrity in line with the relevant ACT Public Service policies. The evaluation of any investment proposal must be fair and demonstrate the highest levels of probity, consistent with the public interest. The following probity principles will be applied throughout the three-phase process:

• Uphold professional integrity;

• Maintain impartiality;

• Maintain accountability and transparency; • Avoid conflic,ts of interest; and

• Maintain confidentiality.

Phase 1 Objective: Provide a timely decision on the ACT Government's intent to proceed with detailed consideration of the investor proposal

' Approval to Stage 2

\Lt

Phase 2 Objective: Develop the Detailed Business Case leading to a Government decision whether to proceed with the proposal

\ I

Approval to Stage 3

\Lt

Phase 3 Objective: Develop commercial relationship

\/

Government approval to contract delivery of the project

Key Steps: Phase 1 Proponent • Lodge the concept submission •Provide additional information (as required) • Proposal presentation • Response to requests for additional information

Invest Canberra • Acknowledge submission and nominate a Case Manager and • Preliminary Assessment and providing requests for additional information • Preparing a recommendation to the Director General of EDD • Appoint advisors (as required) • Facilitate a timely decision • Communicate the ACT Government's decision

Key Steps: Phase 2 Jointly • Negotiate a Participation Agreement, including funding options

Proponent • Attend establishment meeting • Develop the Detailed Business Case • Provide project updates • Present outcome of Detailed Business Case

Invest Canberra • Public notification of Stage 2 commencement (as required) • Convene the Assessment Panel • Appoint advisors (as required) • Provide ongoing engagement with proponent • Facilitate a timely Government decision on Detailed Business Case and preferred delivery option {If required) • Communicate the ACT Government's decision

Key Steps: Phase 3 Proponent • Participate in a negotiation process and submit a binding offer under an 'exclusive negotiation; or • Participate in a competitive 'Swiss Tender' process; or • Conclude participation agreement and receive the developer's fee

Invest Canberra and Responsible ACT Government Agency

• Invest Canberra effect a handover to the responsible ACT Government agency to administer the preferred commercial relationship method •Responsible ACT Government Agency develops the project framework and the commercial relationship

Relevant Previous experience in delivery and/or operation of similar projects organisation experience Relevant personnel Where key personnel are required for the project, outline their experience experience and qualifications relevant to the project Intellectual property Detail the nature and scope of intellectual property claimed within the

submission and generally within the proposed project. Identify items requiring commercial confidence.

Probity Identify any perceived or actual conflicts of interest Environmental Identify if the project would be subject any specific environmental impacts consideration. Previous approaches Detail any previous approaches to the ACT Government regarding this or to Government. similar project{s). Proposal duration Outline any specific time issues/constraints/urgency that applies to this

proposal. Detailed Business Case Estimates Detailed Business Identify a detailed cost proposal breakdown for the development of the Case Cost Detailed Business Case. Timeframe Detail the timeframe for the development of the Detailed Business Case. Risks Detail the project risks during the development of the Detailed Business

Case Exclusive Negotiations Justification Applications for exclusive negotiations may be made at phase 1 or phase 2.

Detailed supporting information is required to support an application at phase 1. Not making an application for exclusive negotiations at phase 1 will not detract from the opportunity for exclusive negotiations at phase 2.

Detailed information to support an application should address the following issues:

• the uniqueness {refer unique elements above) proposal and what the proponent proposes to contribute to the ACT;

• the capacity of the proponent to deliver the proposal, including relative to other entities;

• whether a competitive process would deliver optimal public value; and

• the comparative time efficiencies of different procurement options . This proposal is to be signed by a representative of the proponent authorised to represent and contractually bind the proponent.

Name:

Position: ___________ _

Signature: __________ _

Developer Fee (and Open Tender)

Within parameters agreed within a proposal's Phase 2 Participation Agreement, certain of the proponent's costs are reimbursed by the Government who will then offer the government support in question through an open tender process.

MRP - DEVELOPER FEE

Successful bidder to reimburse proponent via

pro rata of successful bid

• Preferred where a proponent is assessed as not having the capacity to undertake the proposed business activity.

• This model offers a return to proponents for their work in initially developing a proposal.

KEY POINTS

• As recognition of being the first mover1

the proponent will be compensated via a pro rata in the event of being unsuccessful by the successful bidder

• ACT Government will need to determine and disclose what the proponent should be compensated for in the event of an unsuccessful bid

• This could be reimbursement for cost of developing bid or cost of developing intellectual property

• The unsolicited proposal total estimated investment should provide an idea to the degree of compensation/reimbursement

• It can be expected that other bidders will accommodate the pro rata rate into their bid submissions

Contents

Glossary

Introduction

Scope

Principles

Probity

Process Phase 1-Concept Submission

Phase 2-Detailed Business Case

Phase 3-Commercial Relationship

The Assessment Criteria

Appendix A - Government Decision Process

Appendix B - Commercial Relationship Options

3

4 5 6

7 8 9 9

10 12

13 14 15

I NJEST IN CANBERRA

Introduction Growth, Diversification and Jobs - A Business

Development Strategy for the ACT, sets out the ACT Government's commitment to increasing private sector investment in Canberra. The

establishment of Invest Canberra as a dedicated investment promotion agency provides an important resource within Government to deliver on that commitment.

Against this background, the Investment Attraction

Framework and related documents are intended to support innovative investment ideas from the private sector that 'provide economic

development opportunities for the ACT. This document, 'Investment Proposal Guidelines:

Process for ACT Government Officials' is intended to establish principles and a defined process

to maintain integrity and accountability when considering investment proposals seeking ACT Government support in some form (see 'Note 1'

5

on following page).

This document complements the following additional documents:

• Investment Attraction Framework

The Investment Attraction Framework is intended to promote and enable innovative investment ideas from the private sector that provide economic development opportunities

for the ACT.

• Investment Proposal Guidelines for Investors

(Non-public Infrastructure and Business

Opportunities)

The Investment Proposal Guidelines for Investors (IPG) is intended to provide practical guidance to investors who wish to initiate such a proposal for consideration by Government.

INJEST IN CANBERRA

Principles

The ACT Government has adopted seven general

principles to support decision-making throughout any process of engagement undertaken under these Guidelines. These are to:

1. Encourage unique and innovative opportunities and ideas from the private sector that provide economic development opportunities for the ACT;

2. Ensure that decisions deliver public value from a economic, social and environmental perspective;

3. Ensure that the I PG process is not used as an avenue to circumvent existing ACT Government processes;

4. Balance rewarding genuinely unique and innovative proposals against what might otherwise be achieved through an open

procurement process;

7

5. Focus primarily on ideas that align with current ACT Government strategic priorities,

but recognise that there may be opportunities to realise value beyond the current focus of

Government;

6. Recognise that the management of proposals requires timeliness and due diligence; and

7. Demonstrate integrity in the management of

commercially sensitive information by ACT Government Officials

I NJEST IN CANBERRA

Process A three-phase process will be used to manage

investment proposals made within the scope

of the I PG, as set out below. Details of the

Government decision process are also set out

in the diagram at Appendix A - Government

Decision Process.

Phase 1 - Concept Submission If a proponent wishes to put forward an idea for

investment seeking ACT Government support,

and is of the view that the proposal could not

be advanced through an existing Government

process, they will be guided to prepare a concept

submission using the application form attached to this policy (see Appendix 'B').

The objective in Phase 1 is to provide a timely

decision on the ACT Government's intent to

proceed with a detailed consideration of the investment proposal.

Submissions should be sent electronically to:

i [email protected]

Proposals will be subject to preliminary screening

by Invest Canberra to assess if:

• the proposal could be readily dealt with by

another existing Government process;

• the application form has been satisfactorily

completed and contains an appropriate level

of supporting material; and,

• whether the proposal has been rejected

previously and has not been substantially changed.

Appropriate contact officers within the

Government will be identified and notified shortly

after the receipt of a proposal.

Invest Canberra may also seek input from

external advisers to support the consideration of

proposals.

If a proposal is deemed to be suitable for

progression, the proponent may be invited to

make a presentation to the Director-General of

the Economic Development Directorate (EDD)

or a delegate1. Making such a presentation is not

mandatory.

Subsequently, using the assessment criteria set

out in this policy, the Director-General of EDD

will decide upon one of the following courses of

action:

• that the project should proceed to Phase 2;

•

•

•

that modification of the proposal or additional

information is needed from the proponent

before an initial decision can be_ made;

that the proponent be advised to undertake

an alternative course of action (such as, for

example, to pursue the proposal through an

alternative existing Government process); or

that the Government will not give further

consideration to the proposal.

In the event that a proposal is rejected, it will not

be reconsidered unless substantial changes to the

proposal are made or significant external factors

influencing the project occur.

The Director-General of EDD will also consider

requests by proponents to enter into an 'exclusive

negotiation' process at this time. That is, the

Government will potentially commit to not

making the Government support sought by the

1. Throughout the lPMP, the Director-General of EDD may delegate his or her speci(led roles or responsibilities.

9 INJEST IN CANBERRA

if appropriate.

Following its establishment, an Assessment

Panel will negotiate a non-binding Participation

Agreement with the proponent.

The Participation Agreement will include:

• details of the topics to be covered in the

detailed business case to be submitted by the

proponent;

• arrangements for communication and

the provision of information between the

Government and the proponent in relation

to the proposal, including any commercially

sensitive material;

• project-specific measures in relation to the

assessment criteria outlined in Section 4 of

this policy;

• the scope of any potential 'developer fee' (see

discussion below);

• a timeframe for the completion of Phase 2;

• risk management identification and strategies;

and

• any other relevant matters.

Once a Participation Agreement has been agreed,

unless there is an extraordinary reason not to,

at Phase 2 the Government will issue a public

statement advising that the proponent has been

invited to develop a detailed business case and

briefly outlining the nature of the proposal.

Relevant third parties may also be contacted.

If not already determined during Phase 1,

the following issues will also be taken into

consideration in assessing whether the Government support requested by the proponent

should be released through exclusive negotiations

or through a competitive process:

11

• the uniqueness of the resources offered by

the proponent;

• the capacity of the proponent to deliver the

proposal, including relative to other entities;

• whether a competitive process would deliver

optimal public value; and,

• the comparative time and efficiencies of

different commercial relationship options.

If the assessment panel determine that other

businesses could reasonably be expected to

deliver a equivalent or more competitive proposal

using the Government support in question, a

competitive process will be conducted, as outlined

in Appendix B - Commercial Relationship Options.

Proponents may nominate a preferred

commercial relationship option within their

detailed business case, as per Appendix B.

The Assessment Panel will make one of the

following recommendations to the Executive

based on 'The Assessment Criteria' and, more

specifically, its assessment of the business case in

terms of any project-specific measures set out in

the project's Participation Agreement:

• that the proposal should progress to Phase

3, including advice in relation as to which

commercial relationship option should be

used for the provision of Government support;

or

I NJEST IN CANBERRA

The Assessment Criteria

Decision-makers will use the following criteria for

assessing proposals during the relevant decision

points each phase of the process.

The Public Interest Test The proposal must align with the ACT Government's strategic economic, social, and environmental policy objectives.

Guiding Questions:

• ls the proposal consistent with the Government's strategic objectives for the

Territory and any relevant policies?

• Is proceeding with the project consistent with

a Triple Bottom Line (economic, social and

environmental) approach to decision-making?

The Public Value Test The proposal must represent value-for-money in that the proposal is an effective and efficient use of any support or facilitation provided by the Government.

Guiding Questions:

• Will the proposal deliver an acceptable return

on any support provided by the Territory?

• What are the opportunity costs of providing

the support requested to enable the proposal?

• Would the benefits claimed of the proposal be

realised without Government assistance?

• (Within a Phase 2 detailed business case) Has

a risk assessment been undertaken and the

risks quantified and included in the financial

and economic assessments?

• (Within a Phase 2 detailed business case)

Are the assumptions around economic and

financial variables reasonable?

13

The Feasibility Test The proposal is believed to be practically achievable.

Guiding Questions:

• Are there engineering, legal, or other technical

barriers to the proposal being delivered?

• Does the proposal involve any matters of

Commonwealth regulatory interest?

Proposals are to meet all of the criteria.

The assessment of projects will become more

detailed as processes progress (that is, the

business cases arising in Phase 2 should be more

detailed than a Phase 1 concept submission). Within Phase 2, project-specific measures will

form an important component of assessment against the above criteria. Such measures may be

identified by the Director-General of EDD during

Phase 1, or by an Assessment Panel, and will be

set out within Phase 2 Participation Agreements.

For example, depending on the nature of the

proposal, appropriate project-specific measures

for the 'effective and efficient use of government

support' may be determined as being a certain

net present value figure arising from the detailed

economic analysis of the project, or a certain

number of jobs created, or a certain future tax or

revenue stream to the Government. Similarly, the

'achievability' of the project may be determined

in terms of, for example, specific engineering

issues, whether the proponent has successfully

undertaken the proposed activity elsewhere,

or any possible issues in complying with

Commonwealth regulation.

INJEST IN CANBERRA

Appendix B - Commercial Relationship Options

Model

Exclusive Negotiation

Description

Following Phase 2, the Government and proponent will enter into exclusive contractual

Applicability and Key Points

• Preferred where the proponent holds relatively unique resources, including potentially in terms of scale.

• Direct channel between ACT Government and negotiations. the proponent in developing detailed criteria for

the unsolicited proposal. • Direct negotiations between ACT Government and the

proponent when negotiating terms of contract etc.

SRP - Negotiation Exclusivity

ACT Government and

Single Respondent Negotiation proponent cooperate ( .

Process (SRP) ~ Exclusivity / on developing , Negotiate and Close detailed design and

technical criteria

15 INVEST IN CANBERRA

Model Description Applicability and Key Points

Developer Fee (and Open Tender}

Within parameters agreed within a proposal's Phase 2 Participation Agreement, certain of the proponent's costs are reimbursed by the Government who will then offer the government support in question through an open tender process.

MRP - Developer Fee

Multi Respondent Process (MRP) Developer Fee

Determine and disclose what is being reimbursed/ purchased

Competitive Tender Process

Proponent preferred

bidder

Bid Evaluation

Bid Submission

17

• Preferred where a proponent is assessed as not having the capacity to undertake the proposed business activity.

• This model offers a return to proponents for their work in initially developing a proposal.

• As recognition of being the first mover, the proponent will be compensated via a pro rata in the event of being unsuccessful by the successful bidder.

• ACT Government will need to determine and disclose what the proponent should be compensated for in the event of an unsuccessful bid.

• This could be reimbursement for cost of developing bid or cost of developing intellectual property.

• The unsolicited proposal total estimated investment should provide an idea to the degree of compensation/ reimbursement.

• It can be expected that other bidders will accommodate the pro rata rate into their bid submissions.

No

L Award tender to other preferred 1----------1

bidder

Successful bidder to reimburse

proponent via pro rata

of successful bid

INJEST IN CANBERRA



Inquiry into referred 2015-16 Annual and Financial Reports ANSWER TO QUESTION TAKEN ON NOTICE ~ Gt i r,.- A

8 March 2017 ·<a--~ ~<)

Asked by MS JONES:

In relation to lotteries:

THE CHAIR: Do you have a document about the regulations around charities running small lotteries?

Mr Snowden: I would have to check on that whether we have a specific document around charities, yes. Yes.

THE CHAIR: Can you take that on notice?

Mr Snowden: Yes.


The ACT Gambling and Racing Commission has information and conditions documents available on the Commission's website, outlining the requirements for different types of lottery activities and the circumstances in which an .approval is required. These documents are provided at the following attachments: 1. Exempt Lotteries (Attachment A) 2. Trade Promotion Lotteries (Attachment B) 3. Raffles (Attachment C) 4. Housie (Attachment D) 5. Calcutta (Attachment E) 6. Card Jackpot Raffle (Attachment F) 7. Lucky Envelope Raffle (Attachment G)

Committee on Justice and Community Safety

Signature:

By the Ministe

Date: f 7.J'/7



.

ACT GAMBLING AND RACING COMMISSION

Access·. Canberra.

Government

What is an Exempt Lottery?

Exempt Lotteries Information and Conditions

Pursuant to section 6(1) of the Lotteries Act 1964 (the Act), an exempt lottery is defined as:

• a Trade Promotion Lottery where the total prize value does not exceed $3000; • a Raffle where the total prize value does not exceed $2,500; • a Housie session where the total prize value of each session does not exceed $1,000; • a Calcutta event where the total prize value does not exceed $1,000;

•

• a lottery where "prizes" or rewards consist totally of the granting of rebates, discounts or other allowances in respect of amounts payable, or the granting of refunds of amounts paid for goods sold or services performed in the course of carrying on that trade or business which are equally available to all customers; or

• a lottery which comes within the definition of a private lottery as defined in the Lotteries Act 1964 (where participation is restricted to members of the same association or who work or reside in the same premises and where there is no external advertising of the promotion).

Lotteries that do not fit within these parameters require a permit before they can be advertised and operated in the ACT.

Lotteries that fit within these parameters do not require a permit to be conducted in the ACT, however they must conform to legislative requirements that are detailed in the Act.

Housie sessions that are exempt under the Act are not subject to the harm minimisation requirements of the Gambling and Racing Control (Code of Practice) Regulation 2002.

Conditions for the Conduct of Exempt Lotteries Pursuant to Section 6A of the Act, the following conditions apply to the conduct of Exempt Lotteries:

• each ticket or entry in the lottery must have an equal chance of winning; • the winning ticket or entry, and, if available, the identity of the person who holds the winning ticket or entry, must be

recorded by the person conducting the lottery; • the person conducting the lottery must make the results of the lottery available to subscribers (for example, via a

newspaper, email, website or newsletter) and if the identity of a person who holds the winning ticket or entry is known-tell the person the results of the lottery;

• a person who wins a prize must not be charged a fee when the person receives the prize; • the person conducting the lottery must not conduct the lottery or advertise the lottery in a way that, having regard to

the lottery participants, could be considered inappropriate or offensive;

• for a lottery with 2 or more prizes-the major prize must be drawn first, unless a winning ticket or entry is eligible to win another prize;

• the person conducting the lottery must do everything reasonably necessary to ensure that a person entitled to a prize in the lottery receives the prize;

• if a prize is not claimed within a reasonable period, taking into account the nature of the prize, the person conducting the lottery must draw another winning ticket or entry; and

• the person conducting the lottery must take reasonable steps to identify a person who holds a winning ticket or entry.

Contacting the Commission About Your Lottery

Enquiries can be directed to the Lotteries Officer on telephone 02 6207 0361 or by email to [email protected]

ACT Government I GAMBUNG

AND RAONG COM/,11SSIOI.

Trade Promotion Lottery Information and Conditions

What is a Trade Promotion Lottery?

1, Access·@ Canberra.

•

A trade promotion lottery in general terms is a promotion activity that involves a lottery with prize winners determined by any means that includes an element of chance or a mixture of chance and skill.

A prize includes anything of value or benefit.

A Trade Promotion Lottery is a promotional activity used as an incentive to encourage people to do something, such as purchase a product or participate in an event.

A feature that distinguishes a trade promotion lottery from other lotteries is that a trade promotion lottery is free to enter.

It should be noted that the specific provisions of the Lotteries Act 1964 will ultimately determine the eligibility or otherwise of any lottery application.

When is a permit required?

Where a promotional activity fits into the above description of a Trade Promotion Lottery then a lottery permit is required unless it meets one of the exemption categories listed below.

When is a permit not required?

Games of skill When the determination of the prize winner involves skill only (i.e. no element of chance is involved), an approval is not required. In this context, "skill" means any competition that involves a decision or input by the participant, such as estimating a number or weight, submitting a description of an item or activity or describing or stating reasons for liking something. Skill may also include any event or competition that is judged by people qualified in a field relevant to the event or competition.

Exempt Lotteries A permit is not required for an "exempt" lottery. Exempt lotteries include:

• a promotion where the total prize value does not exceed $3000. Legislative conditions under which an exempt lottery must be conducted are detailed in the Exempt Lotteries factsheet on the Commission's website;

• a promotion where "prizes" or rewards consist totally of the granting of rebates, discounts or other allowances in respect of amounts payable, or the granting of refunds of amounts paid for goods sold or services performed in the course of carrying on that trade or business which are equally available to all customers; or

• a promotion which comes within the definition of a private lottery as defined in the Lotteries Act 1964 (where participation is restricted to members of the same association or who work or reside in the same premises and where there is no external advertising of the promotion).

Website Lotteries If a promotion involving a lottery is conducted via a website a permit is not required unless:

• the website is hosted in the ACT, or • the website is not hosted in the ACT but the promotion is being advertised in the ACT in addition to the advertising on

the website.

Definition of advertising: In this context, "advertised" includes:

• a notice or mention on television, radio or other public broadcast;

• a notice or mention in a newspaper, magazine, pamphlet, leaflet, flier, direct mail (specific address), general mail (non-specific address), internet, email, SMS, MMS, fax, billboard, sign, poster, banner or other publicly available printed material; or

• any other method of communicating the conduct of the promotion to the public (excluding material forwarded directly to or made available to members only).

2

How do I apply for a permit?

The approved application form in its entirety must be completed and lodged with the Commission with the relevant fee and supporting documentation (such as rules or terms and conditions of the competition).

Agencies acting on behalf of an applicant must include a letter of authority from the promoter conducting the lottery.

An application can be completed online at https://form.act.gov.au/smartforms/landing.htm?formCode=l093

Processing of the application will not commence without the payment of the determined fee.

Seven working days should be allowed for processing once the Commission has received all information.

Conditions of Approval Pursuant to Section 7(3) of the Lotteries Act 1964, the Commission may impose conditions on an approval of a Trade Promotion Lottery in order to protect the interests of subscribers to the lottery.

Method of entry For a lottery using communication or delivery revenue sharing arrangements (such as SMS, MMS, 190 phone numbers or other similar electronic methods) as a mode of entry to the promotion, the following provisions apply:

• the full phone number or contact method must be stated in the terms and conditions; and • the cost of a call or connection for a participant must not exceed 55 cents (including GST) and the actual cost of each call

or connection must be clearly stated or identified in or on all advertisements and be included in the terms and conditions.

For a lottery using a postal address as a mode of entry, the postal address must be clearly stated in the terms and conditions.

For a lottery using the internet as a mode of entry, the internet address must be clearly stated in the terms and conditions.

The Liquor Act 2010 and the Liquor Regulation 2010 prohibit promotional activity that encourages excessive or rapid consumption of alcohol, encourages irresponsible consumption of liquor or promotes or encourages intoxication or anti-social behaviour. This legislation will be taken into consideration when assessing your application if your lottery involves the purchase or consumption of alcohol.

Entry Forms All trade promotion lottery tickets and entry forms must, in addition to all other relevant information, include full details of the manner in which the results of the lottery will be made known.

A copy of the ticket or entry form must accompany the lottery application.

Trade Promotion Lotteries and Other Types of Gambling If the lottery involves or includes gambling (such as the playing of gaming machines, betting at the casino, betting or wagering with a bookmaker or TAB agency), then the conduct of the lottery must not:

• encourage people to gamble for a minimum period of time to qualify for a reward, entry ticket or other benefit; • encourage people to gamble a minimum amount to qualify for rewards unless it is part of a gaming machine player

reward scheme that is only advertised within the gambling facility, or a commission-based player scheme at the Canberra Casino or if the gambling activity that is being promoted has already been granted approval under the Lotteries Act 1964;

• encourage people who play gaming machines to increase their frequency of betting at the facility or the amount of each bet; or

• offer people who play gaming machines cash or free or discounted gambling credits unless the offer of cash or credits is made to all players of gaming machines at the facility as part of the facility's usual or regular prize schedule.

Where a promotion requires a patron to participate by playing gaming machines, the promoter must offer at least one other method of entry in addition to requiring the patron to enter by playing the gaming machines.

Trade promotion lotteries must not include reference to or the playing of an unlawful game. An unlawful game is defined in the Unlawful Gambling Act 2009 or you can contact the Commission for more information.

3

The Draw or Selection of the Winners

The determination of the winner must be undertaken in a fair and transparent manner with each participant having an equal chance of winning the lottery.

If more than one prize is being determined at a draw, the major prize must be drawn first (to ~nsure that all entries have a chance of winning that prize) unless winning entries are eligible to be redrawn.

Winning must not be contingent on the participant being present at the drawing of the lottery except for lucky-badge draws. It is acceptable to offer bonus prizes if the winner is present as long as the bonus prize does not exceed the value of the base or initial prize.

Unless otherwise approved by the Commission, the drawing of a Trade Promotion lottery must occur within 12 months of the issue date of the permit. ·

Multiple draws may be conducted in one lottery, as long as the method of entry and prize details is the same for each draw. Details of multiple draws must be specified in the terms and conditions of the lottery.

Redraw All prizes in the lottery must be distributed or allocated as approved. If a prize is not claimed within a reasonable period, taking into account the nature of the prize, the person conducting the promotion must draw another winning ticket or entry.

The method, date, time and place of the redraw must be stated in the terms and conditions of the lottery.

Notification of winners

The results must be available within 7 days of the determination of the prize winners, if requested.

All winners must be notified directly, by written means ( email, mail, fax or SMS) within 21 days of the determination of the results.

The person conducting the promotion must make the results of the lottery available to entrants. The method of advertising the results of the promotion must be congruent with the type of lottery conducted eg. it would be appropriate to publish the results of the lottery on a website if the promotion was conducted via a website.

Details of how winners will be notified must be included in the terms and conditions of the lottery.

Prizes Where participants are (or could be) under the age of 18 years the Commission will refuse to approve an application where the Commission considers the prizes to be unlawful or inappropriate eg. liquor products, tobacco products or dangerous goods.

Where prizes include alcohol, lottery entrants must be aged eighteen (18) years or older. The Liquor Act 2010 and the Liquor Regulation 2010 will be taken into consideration when assessing your application if your lottery involves the awarding of alcohol as a prize.

The winner of a prize must not be charged an administrative or delivery fee upon receipt of their prize.

If a prize involves travel all relevant information must be included in the terms and conditions of the lottery. Details of departure point and destination, the number of people included in the fare, class of travel, inclusion of transfers, name and location of accommodation, duration of stay, inclusions, date by which travel must be taken, availability, transferability, restrictions and spending money must be listed if applicable.

For the purposes of these conditions and calculating the application determined fee, the total prize value is calculated as the summation of the values of all possible prizes that could be attained based on the prize allocation options.

If prizes in the promotion are allocated on a state-by-state basis, the relevant prize for the purposes of calculating the determined fee is the prize or prizes that ACT residents are eligible to win.

The value of individual prizes is the usual or recommended retail or market value of the goods or services offered as the prize.

Details of the prizes must be listed in the terms and conditions of the lottery.

4

Terms and Conditions

Terms and conditions are the rules that govern the conduct of the lottery. They provide information about the lottery to subscribers and must be approved by the Commission.

A copy of the terms and conditions of the lottery must accompany your application. The terms and conditions must be printed on the entry form and advertising of the lottery. If the terms and conditions cannot be placed on the entry form and advertising media, reference must be made to a place where the terms and conditions are available. The terms and conditions must include:

• how to enter the lottery; • who may enter the lottery; • the full prize details and their values; • the start date of the lottery;

• the closing date of the lottery; • the time and date of the draw; • the address/location where the draw will take place; • the manner in which winners will be notified including the name of the publication (if applicable) and the date of the

notification;

• full details of the name of the promoter and their ABN/ACN; and • the redraw arrangements.

Variation to approval

Any variation to the application after the Commission has commenced its processing must be submitted through an Application for an Amendment to an Approval to Conduct a Lottery form and be accompanied by the determined fee for a variation. The Commission must approve a variation to the promotion before any amendment can be implemented.

A copy of the amendment form can be obtained from the Commission website at www.gamblingandracing.act.gov.au (click on the link to "Lotteries").

Permit Number

Once an application has been approved the Commission will issue the applicant with a permit number. All entry forms and advertisements must include the permit number issued for that promotion.

Records

All records concerning the lottery, including entries, must be kept for a minimum period of twelve months after the determination of the results.

Can Records Be Inspected? Yes, the Commission may write to you to request records relating to your Trade Promotion Lottery.

Records that the Commission may request include:

• a written statement showing the whole of receipts and disbursements in connection with the Trade Promotion Lottery; and

• all books, documents and vouchers relating to the lottery.

The legislation also empowers the Commission to attend a Trade Promotion Lottery in order to monitor or supervise the conduct of the lottery.

Do Penalties Applv? Yes, penalties may be applied for:

• conducting a lottery other than an approved or exempt lottery; • advertising a lottery other than an approved or exempt lottery; • selling tickets in a lottery other than an approved or exempt lottery; • printing tickets in connection with a lottery other than an approved or exempt lottery; • not complying with a written request to provide statements, books, documents, vouchers or any other requested

information relating to a lottery; • misappropriation of funds or prizes in connection with a lottery; and • fraudulent drawing of a lottery.

5

Conditions for Specific Trade Promotion Lotteries

Blanket Permits "Blanket" or multiple lottery permits allow organisations to conduct multiple minor lotteries during a specific period without the need to obtain a permit for each lottery.

"Blanket" or multiple lotteries are subject to the following conditions: • the maximum value of any single prize is $1000; • the total or accumulated maximum prize value cannot be greater than $100,000; and • the maximum period in which the multiple lotteries can occur is 12 months.

To apply for a "blanket" permit, the trade promotion lottery application form must be completed however it must clearly identify this type of lottery.

Generic terms and conditions must be included with the application, with dates and prize values left blank. The generic terms and conditions must be completed by the promoter for each lottery conducted under the "blanket" permit.

The number of lotteries expected to be conducted must be stated separately, along with the approximate value and type of prizes that are being offered. ·

If the exact number of prizes or lotteries is not known, an estimate should be provided which must not be exceeded without submitting a variation to the original application or a new application. The fees determined for Trade Promotion lotteries apply to the total prize value estimated for a 'blanket" permit, up to an amount of $100,000.

A record must be kept of each lottery conducted under the 'blanket" permit. This record must include a copy of the completed terms and conditions, prize details and the name and address of winners.

Lucky Badge Draws Organisations that are made up of members, such as clubs, may conduct lucky badge or membership draws. It is permissible to have as a condition of the draw that the winner must be present, however they must be allowed a minimum of three minutes to claim a prize.

A "seeding" or initial stake amount is offered which can be of any value. In these circumstances, the total prize value is calculated using the initial seeding amount and then adding the full potential of the progressive or incremental prizes without additional seeding amounts.

Tipping Competitions A tipping competition is a lottery where the outcome of a sporting event or other contingency is predicted by participating entrants. Points are usually awarded for correct predictions and prizes distributed based on accumulated points totals.

A tipping competition includes any other event that is run along similar lines.

A tipping competition may or may not include an entrance fee, however should a fee be a condition of participating in the competition, the majority of this fee must be contributed to the prize pool.

Organisers of such competitions must obtain a permit prior to the commencement of the tipping competition.


Email: [email protected]

Telephone enquiries can be directed to the Lotteries Officer on telephone 02 6207 0361.

. Access· ..

ACT GAMBLING AND RAONG COMMJSSIOh

Canberra .. Government

What is a Raffle?

Raffle Information and Conditions

• •

A Raffle is any lottery, scheme or arrangement involving the distribution of prizes in which prize-winners are determined by means which include an element of chance or a mixture of skill and chance. A Raffle usually involves the sale of tickets followed by a draw to determine the winners of certain pre-determined prizes. A prize includes anything of value or benefit. It should be noted that the specific provisions of the Lotteries Act 1964 will ultimately determine the eligibility or otherwise of any lottery application.


Where a promotional activity fits into the above description of a Raffle then a lottery permit is required unless it meets one of the exemption categories listed below.


Games of skill When the determination of the prize winner involves skill only (i.e. no element of chance is involved), an approval is not required. In this context, "skill" means any competition that involves a decision or input by the participant, such as estimating a number or weight, submitting a description of an item or activity or describing or stating reasons for liking something. Skill may also include any event or competition that is judged by people qualified in a field relevant to the event or competition.

Exempt lotteries A permit is not required for an "exempt" lottery. Exempt lotteries include:

• a raffle where the total prize value does not exceed $2,500. Legislative conditions under which an exempt lottery must be conducted are detailed in the Exempt Lotteries factsheet on the Commission's website;

• a raffle where "prizes" or rewards consist totally of the granting of rebates, discounts or other allowances in respect of amounts payable, or the granting of refunds of amounts paid for goods sold or services performed in the course of carrying on that trade or business which are equally available to all customers; or

• a raffle which comes within the definition of a private lottery as defined in the Lotteries Act 1964 (where participation is restricted to members of the same association or who work or reside in the same premises and where there is no external advertising of the promotion).

Website lotteries If a promotion involving a lottery is conducted via a website a permit is not required unless:


the website.


• a notice or mention on television, radio or other public broadcast; • a notice or mention in a newspaper, magazine, pamphlet, leaflet, flier, direct rnail (specific address), general mail

(non-specific address), internet, email, SMS, MMS, fax, billboard, sign, poster, banner or other publicly available printed material; or



The approved application form in its entirety must be completed and lodged with the Commission with the relevant fee and supporting documentation (such as rules or terms and conditions of the competition).


An application can be completed online at https://form.act.gov.au/smartforms/landing.htm?formCode=1163

2



Conditions of Approval Pursuant to Section 7(3) of the Lotteries Act 1964, the Commission may impose conditions on an approval of a Raffle in order to protect the interests of subscribers to the lottery.

Specific Conditions

The applicant (or their agent) must fully and accurately complete the approved application form to the satisfaction of the Commission.

Agencies acting on behalf of an applicant must include a letter of authority from the organisation conducting the lottery.

The completed application form, including attached rules or terms and conditions and a draft copy of the ticket proposed to be used for the lottery, must be accompanied by the determined fee.

Method of entry For a lottery using communication or delivery revenue sharing arrangements (such as SMS, MMS, 190 phone numbers or other similar electronic methods, or postal arrangements) as a mode of entry to the Raffle, the following provisions apply:

Tickets

0 the full phone number or contact method must be stated on the ticket and in the terms and conditions applying to the lottery; and

0 the cost of a call or connection for a participant must not exceed 55 cents (including GST) and the actual cost of each call or connection must be clearly stated or identified in or on all advertisements and be included in the terms and conditions.

All tickets must include the following information: 0 permit number issued by the Commission; 0 the benefiting person or organisation and the purpose for which the raffle is to be conducted; 0 full list of prizes and their retail or market value; 0 any conditions attached to the prizes; 0 a sequential number; 0 the date, time and location of the draw (unless the method of determining the winner is not by draw); and 0 where and when the results will be published or how and when winners will be advised.

If the benefiting person or organisation is a not-for-profit organisation, a ticket need only include the information listed at the dot points above if an individual prize has a value equal to or greater than $2,000. "Not-for-profit" means an organisation established for a community purpose and that is eligible to be income tax exempt under Division 50 of the Income Tax Assessment Act 1997.

The total value of tickets sold must not exceed: five times the total value of prizes where the total value of prizes is less than $10,000; or ten times the total value of prizes where the total value of prizes is equal to or greater than $10,000.

The Draw or Selection of the Winners The determination of the winner must be undertaken in a fair and transparent manner with each participant having an equal chance of winning the lottery.

If more than one prize is being determined at a draw, the major prize must be drawn first (to ensure that all entries have a chance of winning that prize) unless winning entries are eligible to be redrawn.

Winning must not be contingent on the participant being present at the drawing of the lottery except for "serial" or ongoing raffles such as meat raffles. It is acceptable to offer bonus prizes if the winner is present as long as the bonus prize does not exceed the value of the base or initial prize.

Unless otherwise approved by the Commission, the drawing of a Raffle must occur within 12 months of the issue date of the permit.

3

Redraw All prizes in the lottery must be distributed or allocated as approved. If a prize is not claimed within a reasonable period, taking into account the nature of the prize, the person conducting the promotion must draw another winning ticket or entry.

The method, date, time and place of the redraw must be stated in the terms and conditions of the lottery.

Notification of Winners

The results must be available within 7 days of the determination of the prize winners, if requested.

All winners must be notified directly, by written means (email, mail, fax or SMS) within 21 days of the determination of the results.

The person conducting the promotion must make the results of the lottery available to entrants. The method of advertising the results of the promotion must be congruent with the type of lottery conducted eg. it would appropriate to publish the results of the lottery on a website if the promotion was conducted via a website.

Details of how winners will be notified must be included in the terms and conditions of the lottery.

Prizes Where participants are (or could be) under the age of 18 years the Commission will refuse to approve an application where the Commission considers the prizes to be inappropriate eg. liquor products, tobacco products or dangerous goods.


If a prize involves travel all relevant information must be included in the terms and conditions of the lottery and on the lottery ticket. Details of departure point and destination, the number of people included in the fare, class of travel, inclusion of transfers, name and location of accommodation, duration of stay, inclusions, date by which travel must be taken, availability, transferability, restrictions and spending money must be listed if applicable.



Variation to Approval Any variation to the application after the Commission has commenced its processing must be submitted through an Application for an Amendment to an Approval to Conduct a Lottery form and be accompanied by the determined fee for a variation. The Commission must approve a variation to the promotion before any amendment can be implemented.

A copy of the amendment form can be obtained from the Commission website at www.gamblingandracing.act.gov.au (click on the link to "Lotteries").

In addition, if a lottery is to be cancelled prior to the determination of winners or the draw of prizes, the Commission must be immediately advised in writing including the following information:

0 the date, or proposed date, on which ticket sales will cease; 0 the method to be used to inform ticket holders of the cancellation (a notice must published on the date that the

results were to be published); and 0 arrangements for reimbursement of ticket holders.

Permit number Once an application has been approved the Commission will issue the applicant with a permit number. All entry forms and advertisements must include the permit number issued for that lottery.

Records

All records concerning the lottery, including ticket stubs, number of tickets sold and unsold and details of ticket sellers, must be kept for a minimum period of twelve months after the determination of the results.

Financial statements must be drawn-up and retained for a period of 12 months after the determination of the results. The financial statements must provide a detailed record of all income and expenditure associated with the conduct of the lottery.

The Commission may request that you provide these records at any time during this period.

4

Conditions for "Serial" or On-going Raffles (e.g. Meat Raffles)

Organisations that are made up of members, such as clubs, may conduct "serial" or on-going raffles.

Serial raffles are raffles that are conducted on a regular basis where the prize details and entry costs are the same for each draw.

Serial raffles may be conducted over a period of time to a maximum of 12 months.

The total prize value is calculated by summing the value of all prizes offered for the duration of the promotional period.

It is permissible to have as a condition of the draw that the winner must be present however they must be allowed a minimum of three minutes to claim a prize.




ACT I GAMBLING AND RAGNG COMMISSION

Access·. Canberra.

Government

What is Housie?

Housie I nformatlon and Conditions

.. •

Housie (or bingo) is a game of chance where tickets or cards containing numbered squares or symbols are matched by participants to numbers or symbols that are randomly selected and called by an announcer or displayed. A winner is determined when certain numbers or symbols are matched on participants' tickets or cards and prizes are awarded accordingly.




Where a promotional activity fits into the above description of Housie then a lottery permit is required unless it meets one of the exemption categories listed below.



• a Housie session where the total prize value does not exceed $1,000 per session. A session is a group of games run sequentially in close proximity (i.e. on the same day without a substantial break). Legislative conditions under which an exempt lottery must be conducted are detailed in the Exempt Lotteries factsheet on the Commission's website;

• a Housie session where "prizes" or rewards consist totally of the granting of rebates, discounts or other allowances in respect of amounts payable, or the granting of refunds of amounts paid for goods sold or services performed in the course of carrying on that trade or business which are equally available to all customers; or

• a Housie session which comes within the definition of a private lottery as defined in the Lotteries Act 1964 (where participation is restricted to members of the same association or who work or reside in the same premises and where there is no external advertising of the promotion).

Website Lotteries If a lottery is conducted via a website a permit is not required unless:

• the website is hosted in the ACT, or • the website is not hosted in the ACT but the lottery is being advertised in the ACT in addition to the advertising on the

website.


• a notice or mention on television, radio or other public broadcast; • a notice or mention in a newspaper, magazine, pamphlet, leaflet, flier, direct mail (specific address), general mail

(non-specific address), internet, email, SMS, MMS, fax, billboard, sign, poster, banner or other publicly available printed material; or



The application form is available from the ACT Gambling and Racing Commission's (the Commission) website at www.gamblingandracing.act.gov.au .

The approved application form in its entirety must be completed and signed by the promoter, or their agent, and be lodged with the Commission with the relevant fee and supporting documentation (such as rules or terms and conditions of the game of Housie).

An application may be posted (if paying by cheque), emailed or faxed (if paying by credit card) to the Commission at the '.:l,-1..lenccnc lic+n..l n+ +l-,o hn~inn:~~ nf +hlc ,-In~, r~n~+

2



Conditions of Approval

Pursuant to Section 7(3) of the Lotteries Act 1964, the Commission may impose conditions on an approval of Housie in order to protect the interests of subscribers to the lottery.

The following information states the specific conditions that apply to Housie approvals.

Specific Conditions



A Gambling Contact Officer must be appointed for the event and a copy of their certification must accompany the application form.

The completed application form, including attached rules or terms and conditions must be accompanied by the determined fee. The Commission provides a template for Housie rules on its website at http :/(www.gamblingandracing.act.gov .a u/ga mbl i ng/lotteries/h ousie .

Participants must be over the age of 18 years.

The following persons are not permitted to enter into or participate in games of Housie (or allow someone to enter the game on their behalf):

the applicant or organiser of the games of Housie or their employees; or the organisation conducting the games of Housie or their employees or contractors; or the beneficiary of the proceeds of the game of Housie or their employees or contractors.

Code of Practice

Pursuant to the Gambling and Racing Control (Code of Practice) Regulation 2001 (the Code), organisers of Housie sessions that are not exempt (over $1,000 total prize value per session) must comply with the harm minimisation requirements of the Code.

This means that the organisation conducting the Housie session must; a) have a Gambling Contact Officer; and b) have staff trained in the Responsible Service of Gambling; and c) have a Gambling Incident Register; and d) not permit a person under 18 years old from participating in the session; and e) not pay winnings to a person aged under 18 years; and f) display signage that indicates that a person under 18 years of age and intoxicated people are not allowed to gamble; and g) display information about the availability of interpreter services; and h) not publish advertising that-

• encourages anyone to contravene a gaming law; or • shows people under 25 years old gambling; • encourages people under 18 year old to gamble or targets them; or • is false or misleading, particularly about the chances of winning or the expected return to the player; or • suggests that gambling is a form of financial investment; or • suggests that skill can influence games that are games of chance; or • shows or promotes the consumption of alcohol while gambling; and

i) not conduct a promotion that requires or encourages people to gamble at the facility for a minimum period of time to qualify for rewards; and

j) not conduct a promotion for or including gambling at the facility that includes an offer of free or discounted alcohol; and k) make available at the facility in a conspicuous way, information that tells people about-

• restrictions on cashing cheques; • gambling limits at the facility;

• the chances of winning major prizes; • support services available to gamblers; and • where information can be found about the Rules of the Housie, the Gambling Contact Officer, a copy of the

Code of Practice and counselling services available for problem gamblers.

3


Any variation to the application after the Commission has commenced its processing must be submitted in writing and be accompanied by the determined fee for a variation. The Commission must approve a variation to the promotion before any amendment can be implemented.

A copy of the variation form can be obtained from the Commission website at www.gamblingandracing.act.gov.au

Permit number

Once an application has been approved the Commission will issue the applicant with a permit number. All advertis1ements must

include the permit number issued for that promotion.

Records

All records concerning the game of Housie, including entries, number of tickets sold and game operators details must be kept for a minimum period of twelve months after the determination of the results.

Financial statements must be drawn-up and retained for a period of 12 months after the determination of the results. The financial statements must provide a detailed record of all income and expenditure associated with the conduct of the raffle.

The Commission may request that you provide these records at any time.

Contacting the Commission About Your Lottery Completed applications may be mailed or emailed to:

The Lotteries Officer ACT Gambling and Racing Commission GPO Box 158 CANBERRA ACT 2601



. Access·.

ACT GAMBLING AND RACING COMMISSION

Canberra. Government

What is a Calcutta?

Calcutta Information and Conditions

•

A Calcutta is a form of competition that involves a sweep or draw for participants in a particular event followed by an auction for the race participants (usually horses). Players who were successful in the draw may choose between selling the participant (or in some cases a share in the participant) and receiving half the proceeds of the sale, or retaining the participant by making the highest bid. The prizes are distributed to the players who hold the successful participants in the event. Variations to this form of competition may be approved by the Commission if it considers that the principles of the competition are upheld.

It should be noted that the specific provisions of the Lotteries Act 1964 will ultimately determine the eligibility or otherwise of any lottery application. This includes whether the Calcutta may be considered an "exempt lottery". See below for details or obtain a copy of the legislation from the Commission's website: www.gamblingandracing.act.gov.au


Where a promotional activity fits into the above description of Calcutta then a lottery permit is required unless it meets one of the exemption categories listed below.



• a Calcutta where the total prize value does not exceed $1,000. Legislative conditions under which an exempt lottery must be conducted are detailed in the Exempt Lotteries factsheet on the Commission's website;

• a Calcutta where "prizes" or rewards consist totally of the granting of rebates, discounts or other allowances in respect of amounts payable, or the granting of refunds of amounts paid for goods sold or services performed in the course of carrying on that trade or business which are equally available to all customers; or

• a Calcutta which comes within the definition of a private lottery as defined in the Lotteries Act 1964 (where participation is restricted to members of the same association or who work or reside in the same premises and where there is no external advertising of the promotion).

Website Lotteries If a promotion involving a lottery is conducted via a website a permit is not required unless:


the website.


• a notice or mention on television, radio or other public broadcast; • a notice or mention in a newspaper, magazine, pamphlet, leaflet, flier, direct mail (specific address), general mail (non

specific address), internet, email, SMS, MMS, fax, billboard, sign, poster, banner or other publicly available printed material; or



The application form is available from the ACT Gambling and Racing Commission's (the Commission) website at www.gamblingandracing.act.gov.au .

The approved application form in its entirety must be completed and signed by the promoter, or their agent, and be lodged with the Commission with the relevant fee and supporting documentation (such as rules or terms and conditions of the game of Calcutta).

2

An application may be posted (if paying by cheque), emailed or faxed (if paying by credit card) to the Commission at the addresses listed at the beginning of this document.




Pursuant to Section 7(3) of the Lotteries Act 1964, the Commission may impose conditions on an approval of a Calcutta in order to protect the interests of subscribers to the lottery.

The following information states the specific conditions that apply to Calcutta approvals.

Specific Conditions



Participants must be over the age of 18 years.

For the purpose of calculating the application determined fee, the total prize value is calculated as the summation of the values of all possible prizes that could be attained based on the prize allocation options.


If prizes in the Calcutta are allocated on a state-by-state basis, the relevant prize for the purposes of calculating the determined fee is that prize or prizes that ACT residents are eligible to win.

In relation to the conduct of the Calcutta, the total value of prizes is calculated by the organiser providing a reasonable estimate of the auction proceeds to the Commission with the application. If the estimate is accepted by the Commission, the relevant fee will be calculated on this basis.


Any variation to the application after the Commission has commenced its processing must be submitted through an Application for an Amendment to an Approval to Conduct a Lottery form and be accompanied by the determined fee for a variation. The Commission must approve a variation to the promotion before any amendment can be implemented.

A copy of the variation form can be obtained from the Commission website at www.gamblingandracing.act.gov.au

Permit number

Once an application has been approved the Commission will issue the applicant with a permit number. All entry forms and advertisements must include the permit number issued for that promotion.

Records

All records concerning the game of Calcutta, including entries, number of tickets sold and game operators, details must be kept for a minimum period of twelve months after the determination of the results.




Completed applications may be mailed, faxed or emailed to:

The Lotteries Officer

ACT Gambling and Racing Commission

PO Box 158

CANBERRA ACT 2601

Fax: 02 62077390 Email: [email protected]

3


1

• Access·.

ACT I GAMBUNG AND RAONG COMMISSION

Canberra .. Government .

What is a Card Jackpot Raffle?

A Card Jackpot Raffle typically involves the use of a pack of 52 playing cards plus at least one joker. The cards are placed face down on a board. The winning subscriber to a raffle is given an opportunity to try to select the Joker from the board for a chance to win a prize. Should the selected card be the Joker, the prize is awarded and the game ends. Should the Joker not be selected the selected card is returned to the board and displayed face up, with the prize jackpotting and the game continued on another occasion.


A Card Jackpot Raffle may include variations of the above, including the awarding of other prizes in addition to the jackpot prize or the replacement of cards with another object.



Where a promotional activity fits into the above description of Card Jackpot Raffle then a lottery permit is required.


The application form is available from the ACT Gambling and Racing Commission's (the Commission) website at www.gamblingandracing.act.gov.au.

The approved application form in its entirety must be completed and signed by the promoter, or their agent, and be lodged with the Commission with the relevant fee and supporting documentation (such as rules or terms and conditions of the game of Card Jackpot Raffle).

An application may be posted (if paying by cheque) or emailed (if paying by credit card) to the Commission at the addresses listed at the end of this document.




Pursuant to Section 7(3) of the Lotteries Act 1964, the Commission may impose conditions on an approval of a Card Jackpot Raffle in order to protect the interests of subscribers to the lottery.

The following information states the specific conditions that apply to Card Jackpot Raffle approvals.

Specific Conditions

The applicant ( or their agent) must fully and accurately complete the approved application form to the satisfaction of the Commission.

Agents acting on behalf of an applicant must include a letter of authority from the promoter conducting the lottery. The completed application form, including attached rules or terms and conditions must be accompanied by the determined fee.

Persons Not Permitted to Participate in a Card Jackpot Raffle The following persons are excluded from participating as a player in any Card Jackpot Raffle:

a) the applicant or organiser of the Card Jackpot Raffle and their employees and contractors;

b) the owners/occupiers of any venue used for the conduct of the Card Jackpot Raffle and their employees and

2

c) contractors, d) the organisation conducting the Card Jackpot Raffle and their employees and contractors; e) persons under the age of 18 years; and f) intoxicated persons.

A player shall not participate: a) in any sales related to the conduct of a Card Jackpot Raffle for the session; b) in the organisation or conduct of a Card Jackpot Raffle during the session; or c) in the administration of a Card Jackpot Raffle for the session.

Terms and Conditions

A copy of the terms and conditions of the Card Jackpot Raffle must accompany your application. The terms and conditions must be

printed on the advertising of the lottery and must be made available on request at the venue. If the terms and conditions cannot

be placed on the advertising media, reference must be made to a place where the terms and conditions are available. The terms

and conditions must include:

• how to enter the lottery;

• the start time and date of the lottery;

• the closing time and date of the lottery;

• the time and date of the draw;

• the address/location where the draw will take place;

• the full prize details and their values, including an estimate of the total prize value;

• if the winner is not required to be present at the draw, the manner in which winners will be notified.

• full details of the name of the promoter and their ABN/ACN;

• the name of the beneficiary of the proceeds of the Card Jackpot Raffle; and

• how the proceeds of the ticket sales will be disbursed eg. 70% to the prize pool, 30% to the fishing club.

lfhe Draw and Selection of the Winners

rT"he determination of the winner must be undertaken in a fair and transparent manner with each participant at a particular stage of the raffle having an equal chance of winning the lottery.

If more than one prize is being determined at a draw, the major prize must be drawn first (to ensure that all entries have a chance of winning that prize) unless winning entries are eligible to be redrawn.

It is permissible to have as a condition of the draw that the winner must be present however they must be allowed a minimum of three minutes to claim a prize. ·

Selection of the winner and selection of a card in a Card Jackpot Raffle must take place in the presence of patrons attending the raffle.

The board or method of display of the cards must be kept securely in the charge of a responsible person and must not be altered or tampered with.

Cards used in a Card Jackpot Raffle must not be manipulated or bear distinguishing marks to enable players to identify a card prior to selection. At the beginning of each game (that is, when a fresh deck of cards is provided for use in the raffle), all cards including those that are identified as triggering the payment of a prize ( eg the Joker) must be checked by the organiser as being available for selection by participants. Once selected, all cards including minor prize winning cards must remain visible to the participants unless otherwise approved by the Commission.

All prizes must be awarded. Should the raffle be played in a way that results in only part of the jackpot being won, the remaining ·ackpot amount must be rolled over to be included as part of the new jackpot amount at the next raffle draw. The raffle sessions must continue until all accrued prize amounts have been awarded.

All prizes in the lottery must be distributed or allocated as approved.

Prizes The Commission will refuse to approve an application where the Commission considers the prizes to be inappropriate eg. tobacco products or dangerous goods.


If a prize involves travel all relevant information must be included in the terms and conditions of the lottery or on the ticket. Details of deoarture ooint and destination the number of neonle included in the fare class of travel inclusion of transfers name

3

and location of accommodation, duration of stay, inclusions, date by which travel must be taken, availability, transferability, restrictions and spending money must be listed if applicable.



Variation to Approval

Any variation to the application after the Commission has commenced its processing must be submitted in writing and be accompanied by the determined fee for a variation. The Commission must approve a variation to the promotion before any amendment can be implemented.

In addition, if a Card Jackpot Raffle is to be cancelled prior to the draw of prizes, the Commission must be immediately advised in writing including the following information:

the date, or proposed date, on which ticket sales will cease;

arrangements for disbursement of any remaining prize pool.

A copy of the variation form can be obtained from the Commission website at www.gamblingandracing.act.gov.au .

Permit number

Once an application has been approved the Commission will issue the applicant with a permit number. All entry forms and advertisements must include the permit number issued for that promotion

Records

All records concerning the game of Card Jackpot Raffle, including entries, number of tickets sold and game operators, details must be kept for a minimum period of twelve months after the determination of the results.







. Access· ..

ACT I GAMBLING AND RAONG COMMISSION

Canberra®' Government ..

What is a Lucky Envelope Raffle?

A Lucky Envelope Raffle is a lottery that uses Lucky Envelopes as a mechanism for determining the winner of a lottery.

Lucky Envelopes usually contain a hidden symbol or symbols which can be exposed by removing or scratching a covering of paper. The combination of symbols revealed determines whether a ticket is a prize-winning ticket or not. They are sometimes known as "break-open tickets", "bingo tickets" or "pull-tabs".


A Lucky Envelope Raffle is conducted for the purposes of fundraising for not-for-profit or charitable organisations. The use of Lucky Envelopes to determine a lottery is restricted to lotteries where the maximum gross proceeds are less than or equal to $5000.



Where a Lucky Envelope Raffle fits into the above category a permit is required.

A permit should be sought for each Lucky Envelope Raffle conducted. A permit may be issued for a maximum of 12 months.


Website lotteries If a lottery is conducted via a website a permit is not required unless:

the website is hosted in the ACT, or the website is not hosted in the ACT but the promotion is being advertised in the ACT in addition to the advertising on the website.

Definition of advertising In this context, "advertised" includes:

a notice or mention on television, radio or other public broadcast; a notice or mention in a newspaper, magazine, pamphlet, leaflet, flier, direct mail (specific address), general mail (nonspecific address), internet, e-mail, SMS, MMS, fax, billboard, sign, poster, banner or other publicly available printed material; or any other method of communicating the conduct of the promotion to the public (excluding material forwarded directly to or made available to members only).


The Application for a Lucky Envelope Permit (the Application Form) is available from the ACT Gambling and Racing Commission's (the Commission) website at www.gamblingandracing.act.gov.au .

The approved application form in its entirety must be completed and signed by the promoter, or their agent, and be lodged with the Commission with the relevant fee and supporting documentation. The application form must be accompanied by a copy of the proposed Terms and Conditions of the Lucky Envelope Raffle and evidence that the publication of the Lucky Envelopes has been authorised by another jurisdiction or verified by an appropriate third party.

An application may be posted (if paying by cheque), emailed or faxed (if paying by credit card) to the Commission at the addresses listed at the end of this document.


2

Seven working days should be allowed for processing once the Commission has received all of the relevant information.

Applicants may apply to receive a permit for a period of up to 12 months.

Conditions of Approval Pursuant to Section 7(3) of the Lotteries Act 1964, the Commission may impose conditions on the approval of a Lucky Envelope Raffle permit in order to protect the interests of subscribers to the lottery.

The following information states the specific conditions that apply to Lucky Envelope Raffle permits.

General Conditions


Agents acting on behalf of an applicant must include a letter of authority from the promoter conducting the lottery.

The completed application form, including attached rules or terms and conditions must be accompanied by the determined fee.

Prohibitions on persons involved with a Lucky Envelope Raffle The following persons are excluded from participating as a subscriber in any Lucky Envelope Raffle:

the applicant or organiser of the Lucky Envelope Raffle and their employees and contractors; a) the owners/occupiers of any venue used for the sale of the Lucky Envelope Raffle and their employees and contractors; b) the organisation conducting the Lucky Envelope Raffle and their employees and contractors; c) persons under the age of 18 years; and d) intoxicated persons.

A player shall not participate: a) in any sales related to the conduct of a Lucky Envelope Raffle; b) in the organisation of a Lucky Envelope Raffle; or c) in the administration of a Lucky Envelope Raffle.

Method of Entry Lucky Envelopes may be sold by hand or by vending machine. However, a series of envelopes can only be sold by one of these methods at a time.

The use of a vending machine to dispense Lucky Envelope Raffle tickets must be approved by the Commission. Approval will only be forthcoming if the vending machine is proposed to be installed within a gaming area approved under a gaming law (such as within an area approved for the operation of gaming machines).

Electronic vending machines that distribute electronic Lucky Envelopes are not permitted to operate in the ACT.

Tickets

Lucky Envelope Raffle tickets must include the following information: • the permit number issued by the Commission; • the benefitting organisation; and • a sequential number.

Each series of envelopes must be numbered with a unique serial number.

Each envelope in a Lucky Envelope Raffle must be sold for the same price, however "bundling" (eg. one envelope for $1, 3 envelopes for $2) of the envelopes may occur as long as the option is available to all potential subscribers to the raffle.

The hidden symbols must not be able to be seen until deliberately exposed by the subscriber.

The use of Lucky Envelopes to determine a lottery is restricted to lotteries where the maximum gross proceeds are less than or equal to $5000. Maximum gross proceeds is defined as being the total revenue derived by multiplying the number of Lucky Envelopes in the series by the price for a single Lucky Envelope in the series.

An application for a Lucky Envelope Raffle permit must be accompanied by evidence that the publication of the envelopes has been approved by another local jurisdiction or evidence that the publication process has been undertaken correctly and that the envelopes are authentic and mathematically correct.

3

Terms and Conditions A copy of the terms and conditions of the Lucky Envelope Raffle must accompany your application. The terms and conditions must be printed on the advertising of the lottery and must be displayed at the point of sale. If the terms and conditions cannot be placed on the advertising media, reference must be made to a place where the terms and conditions are available. The terms and conditions must include:

• how to enter the Lucky Envelope Raffle; • the period for which the Lucky Envelope Raffle will be conducted; • the promoting organisation and their contact details; • the benefitting organisation and the purpose for which the Lucky Envelope Raffle is to be conducted;

• a full list of prizes and their retail value; • any conditions attached to the prizes; and

• how to claim the prizes.

Determination of the Winners Lucky Envelopes must be kept securely in the charge of a responsible person and must not be altered or tampered with.

Unless other instructions are clearly provided at the point of sale or on the Lucky Envelope, prizes must be made available immediately by the seller of the Lucky Envelope.

The organiser of a lottery using Lucky Envelopes must honour all winning envelopes, regardless of the fact that all prizes may have been awarded and that a printing error has occurred.

Prizes The Commission will refuse to approve an application where the Commission considers the prizes to be inappropriate e.g. tobacco products or dangerous goods.


If a prize involves travel all relevant information must be included in the terms and conditions of the lottery displayed at the point of sale or on the Lucky Envelope. Details of departure point and destination, the number of people included in the fare, class of travel, inclusion of transfers, name and location of accommodation, duration of stay, inclusions, date by which travel must be taken, availability, transferability, restrictions and spending money must be listed if applicable.

For the purposes of these conditions and calculating the determined application fee, the total prize value is calculated as the summation of the values of all possible prizes that could be attained based on the prize allocation options.


A minimum of 40% of gross proceeds must be returned to the player in prizes.

Variation to a Permit Any variation to the application after the Commission has commenced its processing must be submitted through an Application for an Amendment to an Approval to Conduct a Lottery form and be accompanied by the determined fee for a variation. The Commission must approve a variation to the promotion before any amendment can be implemented.

In addition, if a Lucky Envelope Raffle is to be cancelled prior to its close date, the Commission must be immediately advised in writing including the following information:

• the date, or proposed date, on which Lucky Envelope sales will cease;and • arrangements for disbursement of any remaining prize pool.

A copy of the variation form can be obtained from the Commission website at: www.gamblingandracing.act.gov.au.

Permit Number Once an application has been approved the Commission will issue the applicant with a permit number. All entry forms and advertisements must include the permit number issued for that Lucky Envelope Raffle.

Records All records concerning the lottery, including entries, must be kept for a minimum period of twelve months after the determination of the results.

4

Can Records Be Inspected? Yes, the Commission may write to you to request records relating to your Lucky Envelope Raffle.

Records that the Commission may request include:

• a written statement showing the whole of receipts and disbursements in connection with the Lucky Envelope Raffle; and • all books, documents and vouchers relating to the lottery.

The legislation also empowers the Commission to attend a Lucky Envelope Raffle in order to monitor or supervise the conduct of the lottery.

Do Penalties Apply? Yes, penalties may be applied for:

• conducting a lottery other than an approved or exempt lottery;

• advertising a lottery other than an approved or exempt lottery; • selling tickets in a lottery other than an approved or exempt lottery; • printing tickets in connection with a lottery other than an approved or exempt lottery; • not complying with a written request to provide statements, books, documents, vouchers or any other

requested information relating to a lottery;

• misappropriation of funds or prizes in connection with a lottery; and • fraudulent drawing of a lottery.

Details of the amounts won, the number of Lucky Envelopes sold and names and addresses of ticket sellers must be kept for a minimum period of 12 months after the determination of the results.

Financial statements must be drawn-up and retained for a period of 12 months after the determination of the results. The financial statements must provide a detailed record of all income and expenditure associated with the conduct of the lottery.

The Commission may request that you provide these records at any time during this period.








8 March 2017

Asked by Ms Bee Cody:

In relation to: Business Models/Legislation - Hotels

17 MAR 1017

MS CODY: I just have a follow on from that. So that is all the stuff we are doing for small clubs. How does that impact on pubs, because I know that pubs have slightly different legislation to clubs. So are there things we are doing around the pub industry to help support them or?

Ms Greenland: The hotels, as you say, are subject to a different arrangement and do not rely nearly as heavily on gaming machines and the numbers are relatively small. They are subject to different taxation regimes, that sort of thing, which recognises that they are a smaller type of venue. So we certainly have been-they are not part of the sort of trading scheme arrangements in the same way as the clubs are, because they might not ... (indistinct) ... [2.22.55]

MS CODY: How long has it been since we have reviewed the way that the hotels work?

Ms Greenland: I would have to take that one on notice and get back to you.


The Government considered the licensing framework for all gaming machine licensees when developing the Gaming Machine Reform Package, which was announced in October 2014, and implemented in stages during 2015.

Hotels and taverns are restricted to either a maximum of two or 10 authorisations (depending on the accommodation they provide and their type of liquor licence). They can only operate (outdated) Class B gaming machines. Prior to the commencement of the Gaming Machine (Reform) Amendment Act 2015 {the Reform Act), the Gaming Machine Act 2004 provided that venues with a general liquor licence and less than 12 accommodation rooms (including no rooms), or venues with an on-licence, could operate no more than two Class B gaming machines. Venues with a general liquor licence and at least 12 accommodation rooms could operate up to 10 Class B gaming machines.



Under section 127 A of the Reform Act, Class B gaming machines are being phased out and the Reform Package provided the opportunity for hotels and taverns to divest themselves of these gaming machines. Hotels and taverns are able to access the trading scheme to sell their authorisations to a club and, on their sale, these authorisations convert to a Class C authorisation.

A number of hotels and taverns have taken up this opportunity, with the number of Class B gaming machine licensees reducing from nine to five since the trading scheme started. Each of the five remaining licensees holds 10 Class B authorisations.

While no new Class B authorisations will be issued, hotels and taverns can continue operating any existing gaming machines, and there are provisions for businesses to be sold with existing authorisations, subject to meeting licensee eligibility requirements.

Hotels and taverns are for-profit entities, unlike the community clubs. In addition, there is no requirement for hotels/taverns to pay community contributions (although some licensees do). The Government's Supporting Local Community Clubs Policy is aimed at supporting the not-for-profit, local community clubs. The measures identified in the Policy will help small and medium clubs to continue to serve the Canberra community and to diversify their income streams away from gaming.


Signature: Date: / 7·.J· 17 By the Attorney-General, Mr Gordon Ramsay MLA

Page 2 of 2




8 March 2017

Asked by Ms Caroline Le Couteur MLA:

In relation to: Gaming Machines - $1 limits

MS LE COUTEUR: On your commentary of working your way through with the industry, do you have an idea how many big system machines can be retrofitted for $1 maximums and mandatory pre-commitment?

Ms Greenland: I would have to take that on notice. What I can say is my understanding is the technology that is used in the clubs at the moment is variable and there are some more modern machines which might be able to be utilised in a more sophisticated way, I guess, to monitor harm minimisation, but my understanding is also that quite a lot of the machines that are in place at the moment are quite old and so one of the barriers to potentially some of the harm minimisation measures like central monitoring systems is the age of the machines.

MS LE COUTEUR: Right, well if you could take it on notice, because that is sort of roughly my understanding of it.

Ms Greenland: Yes, sure. Yes.


At this stage, based on existing data, and in the absence of information about which measures might be implemented, it is not possible to identify the number of gaming machines capable of being retrofitted.





Asked by MS LEE:


8 March 2017

In relation to visits to businesses by inspectors:

2 OMAR 2017

MS LEE: Just a question in relation to inspectors and visits by inspectors. It says that, and this is straight from the website, that, 'Visits by inspectors to businesses can be at random or may be part of a targeted program and a visit may be to investigate a complaint or incident.' Are you able to outline how many random investigations occurred in the reporting period and also what targeted programs were indeed investigated in the reporting period?

Mr Snowden: Well, in terms of random programs I would have to take that on notice but I am sure that I will be able to provide those details.

MINISTER RATIENBURY: The answer to the Member's question is as follows:-

A total of 297 random inspections occurred during the reporting period. The majority of these inspections related to liquor licensing, motor vehicle dealers, outdoor cafes and Australian Consumer Law/product safety.

In respect of targeted programs, a total of 11 programs were completed. These included:

• Christmas toys - product safety checks;

• Australian Consumer Law - refunds and returns;

• motor vehicle dealer inspections;

• motor vehicle repairers - joint inspections with WorkSafe and Road Transport staff;

• building construction advertising;

• contract for sale and associated required documents for single dwelling residential properties;

• electrical safety inspections of electrical products for sale;

• showbags - product safety checks before and during the Royal Canberra Show;

• liquor licensing - bar and nightclub inspections;

• liquor licensing - clubs inspections; and

• real estate agent trust account audits.

Approved for circulation to the and Community Safety

Signature: Date:

Shane Rattenbury MLA






8 March 2017

2 AR 017

Asked by Mrs Giulia Jones MLA:

In relation to: SAB information on the ACTCS database

THE CHAIR: Because it is hard to address, in a way, unless you can analyse the data. We have been through this in another area where we have been discussing it. So can I maybe request that-and we might put in our report that consideration be given to how that data is available, and if there are upgrades needed, orin order for us to be able to have an analysis of the data which does not take too many hours to produce.

I know certainly the government is investing in systems in other areas, and perhaps it can also in this area. But let us not be over the top.

Mr Rattenbury: Certainly Corrections-sorry. Corrections is going through a significant process to improve our offender management database. I cannot think off the top of my head-we will take this on notice and come back to you-whether that covers the Sentence Administration Board or not.

Minister Shane Rattenbury MLA: The answer to the Member1s question is as follows:-

The ACT Government has recently signed a contract with Abilis Solutions to provide ACTCS with a new offender management system, known as CORIS™.

An ACTCS Project Team was supported by other areas of the ACT Public Service including Shared Services ICT, Procurement and Capital Works and the ACT Government Solicitor in acquiring this system.

The internal ACT Corrective Services Project Team is currently working with Abilis Solutions on implementation of this system drawing on the knowledge, skills and experience of ACTCS staff and subject matter experts.

The capabilities of this new offender based information system will enable better data management in relation to ACT offenders. The new system will enable more robust reporting on offender data from custodial and community based sentences.



SAB outcomes will be recorded in the new database (the CORIS system) replacing the current system. This information will be able to be used to prepare all necessary documentation such as minutes and letters to inform relevant parties of the SAB's outcomes. The information will be available for users with the appropriate job function and system permissions (i.e. SAB members and secretariat) for recording and viewing activities.

Approved for circulation to the Standing and Community Safety

Signature: Date:

Page 2 of 2

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CA PIT AL TERRITORY



8 March 2017

Asked by Ms Elizabeth Lee MLA:

In relation to: Oaks Estate Population

Mr Rattenbury: Forgive me on the figures, but the numbers of parolees in the last three years that have gone through Oaks Estate has been, like, five.

MS LEE: Yes.

THE CHAIR: But I think the population of Oaks Estate is about

MS LEE: It is so small.

Mr Rattenbury: 100?

THE CHAIR: Is it? Okay. Good.

Mr Rattenbury: Yes. lsh. 100 and-

THE CHAIR: Strangely enough, I do not spend a huge amount oftime there.

MS LEE: Yes, probably about 80 something. It is really-

THE CHAIR: I did get a good vote there in 2012, but anyway.

2 0 MAR 2017

Mr Rattenbury: But this-look, this has been a difficult issue, and there is a sense in the community there are large numbers of people coming out of the AMC and going straight to Oaks Estate, and my data tells me otherwise.

MS LEE: Is not showing that, yes.

Mr Rattenbury: As I said, it was in the-I will have a look at the numbers, but it was like five in the last two or three years.

MS LEE: Would you be able to take that on notice?

Mr Rattenbury: Yes, I will come back.



Minister Shane Rattenbury MLA: The answer to the Member's question is as follows:-

ACT Corrective Services is aware of one detainee who was released from the Alexander Maconochie Centre directly into Oaks Estate in 2013.

Four participants of the Extended Throughcare Program have transitioned from other accommodation into Oaks Estate since the program first accepted clients on 1 July 2013. These transitions were not direct releases from custody, but occurred after participants had stayed in other locations. These included two from Samaritan House, one from the Adult Mental Health Unit and one from the community.

Approved for circulation to the Standing Committee o munity Safety

Signature: Date:

By the Minister for Corrections, M

Page 2 of 2



Inquiry referred Lu ....... -- .... .., Annual and Financial Reports ANSWER QUESTION TAKEN ON NOTICE

8 March

Asked by Mr Chris Steel MLA:

In relation to: Community legal centres

MR STEEL: One of the areas of I suppose the commonwealth and ACT funding is in relation to community legal centres and my understanding is there was, despite some cuts that were announced in the 2014-15 budget in relation to Legal Aid and community legal centres, there was some additional money put back in. But are the community legal centres still going to receive a cut as a result, a net cut?

Ms Berry: Yes they will.

MR STEEL: Do we know how much that is for different services in the ACT.

Mr Pryce: I do not have the exact number at hand.

THE CHAIR: Perhaps you can take that on notice.

MR STEEL: By '14-15 budget I mean federal budget obviously.

IO MAR 2017

Ms Berry: Well, I can say what we funded. Have we got a national partnership agreement for legal centres at all? We might have to take some of that on notice.

MR STEEL: If we could get it across the financial years that would be good probably from '14-15 but right through into the four years from the last federal budget that would be very good. It gives us a sense I guess about-because it relates to the ACT government in the sense that we fund these centres as well and it is an area of shared responsibility for both governments so it is an important issue to get a sense of where they are losing funding particularly in an area of need like this.

Civic Square, London Circuit {GPO Box 1020) Canberra ACT 2601 T {02) 6205 0127 F {02) 6205 0432 E [email protected] W www.parliament.act.gov.au


Minister Yvette Berry MLA: The answer to the Member's question is as follows:-

In 2014-15, Commonwealth funding for ACT Community Legal Centres was $928,217. ln 2015-16, the funding was $1.122 million.

Commonwealth funding for Community Legal Centres in the ACT dropped from $1.122 million in 2015-16 to $1.072 million in 2016-2017.

It will drop again to $807,000 in 2017-18. This represents a reduction in funding of almost 25% in one year.

The remaining two years of the National Partnership Agreement on Legal Assistance Services will see a further $532,000 reduction from the 2015-2016 funding level, making the total reduction in funding $897,000 over four years.

The Commonwealth Government has provided an additional $350,000 per year for four years from 2015-16 to the Women's Legal Centre for a new Family Violence service. This additional funding does not compensate for the drop in core funding.

Approved for circula_tion to the Standing-Committee on Justice and Community Safety - ····.~ ( )

/. ""' / Signature:· ~::..~·-}~~ Date:

·.. ~y / -·· ~ ~.~ ~ \

By the Minister for the Prevent1~om~nd Family Violence, Ms Yvette Berry MLA

Page 2 of 2


STANDING COMMITTEE ON JUSTICE AND COMMUNITY SAFETY GIULIA JONES MLA (CHAIR), BEC CODY MLA (DEPUTY CHAIR}, ELIZABETH LEE MLA, CHRIS STEEL MLA


8 March 2 0 MAR 2017

Asked by Mrs Elizabeth Kikkert MLA:

In relation to: International survey on Domestic and Family Violence, specifically partner violence involving alcohol.

MRS KIKKERT: Yes, thank you, Chair. So a review of the Australian component of the International Violence Against Women Survey found that, and I quote:

Abusive males with alcohol or drug problems inflict violence against their partners more frequently, are more apt to inflict serious injuries, are more likely to be sexually assaultive, and are more likely to be violent outside the home than abusers without a history of substance abuse. In addition, alcohol is estimated to be involved in up to half of partner violence in Australia and 73 per cent of partner physical assaults.

What are the current statistics for the ACT, and in what percentage of domestic and family violence occurrences in the ACT does alcohol in particular play a role?

Ms Berry: I think I might have to take some of that notice and see if there are actually any figures on that. It is not really in this portfolio around alcohol-related violence and injuries. I did hear-

THE CHAIR: Calvary.

Ms Berry: -that Calvary-yes, and the Canberra Hospital are doing some study on that to identify the injuries that occur, not just in violence but also in, you know, falling down stairs or, you know, other kinds of injuries that have resulted as a result of alcohol.

But what I do know is that most of the criminal offences-or no, that is the wrong word. Most of the offences that the police go to, are called out to, often that person's family directly or indirectly, there has been some connection with domestic and family violence, so we know it is pretty much affecting every kind of issue that the police respond to in some way.

Ms Wood: Yes, minister, I would just add, I think there is a lot of work still to be done nationally on data around the characteristics of family and domestic violence and the circumstances and context, and a lot of that work is happening through the COAG implementation process under the national plan, and there is a particular piece of work that is looking at some common indicators around perpetrator interventions and



how we actually measure the impact of what we are doing with people who use violence, and do we reduce recidivism, and all jurisdictions are agreeing to a common set of indicators.

As well as that, the ABS, Australian Institute of Health and Welfare, and the federal Department of Social Services are doing a joint piece of work around data across all aspects of domestic and family violence. So I think there still is clearly quite a way to go to have all the data that we would like, but there is some really good work happening at the moment to bolster that, and even where we cannot report on everything that, at the national level, we think is important, we are all agreeing to set them as aspirations and work towards it.

THE CHAIR: Yes, yes. Ms Lee-sorry. Mrs Kikkert, are you finished there?

MRS KIKKERT: I am good. Thank you.

Minister Yvette Berry MLA: The answer to the Member's question is as follows:-

The Justice and Community Safety Directorate is currently working with the Domestic Violence Prevention Council, ACT Policing and the Victims of Crime Commissioner to identify the most appropriate way to collect, measure and report data in relation to family violence, including incidents where alcohol has been consumed.

In March 2015 then Attorney-General Simon Corbell MLA provided the Domestic Violence Project Coordinator (established under the Domestic Violence Agencies Act 1986) with a grant of $100,000 for the development of an ACT domestic and family violence data framework. The Domestic Violence Prevention Council is assisting the Coordinator with this project. The project was designed to address gaps in knowledge about the characteristics of victims and perpetrators of family violence by developing a plan to improve data collection in the ACT.

Frontline service providers in the ACT were invited to participate in a survey process to identify the types of data collected in the ACT. The survey results will be used to assist the Coordinator to identify a minimum data set; a core set of data types that all organisations should collect in relation to each of their clients, for example, the name and address of the perpetrator and victim. This data set will be measured using existing data to identify any gaps remaining. The data set will inform the development of the plan to improve data collection.

It is anticipated that a report will be provided to the Minister for the Prevention of Domestic and Family Violence later this year.

When discussing the interaction between alcohol and family violence it is important to recognise that alcohol does not cause family violence. The advisory group OurWatch addresses this issue in 'Change the Story-A shared framework for the primary prevention of violence against women and their children in Australia'.

Alcohol is a feature in a disproportionate number of police ca/I-outs to family violence, and is correlated with a higher number of, and more severe, incidents of violence against women. However alcohol does not itself cause violence against women; not all people who drink are violent, and many people who do not drink are violent. While alcohol can increase the frequency or severity of violence, on its own it does not explain the gendered dynamics of violence against women. Rather than looking at alcohol as a factor in isolation, we need to understand it in relation to social norms and practices that condone or support violence against women, in particular those relating to masculinity and men's peer group behaviour.

Page 2 of 3

Gender socialisation and identities are also reflected in the ways in which alcohol is consumed, and in the social norms relating to alcohol, for example, in drinking cultures that emphasise male conquest and aggression, as well as in the ways individual men and women tend to behave under the influence of alcohol. This suggests it is the interaction between social norms relating to alcohol, and social norms relating to gender, that can increase the likelihood, frequency or severity of violence against women, not just the consumption of alcohol itself Strategies that address the intersection between alcohol use and social norms relating to both violence and gender can help create a more supportive environment for other prevention activity. Research is limited on the impact of other drugs on violence against women, but similarities might be expected where a drug has similar effects to alcohol, and is also used in the context of gendered socialisation and power differentials.

https://www.ourwatch.org.au/getmedia/c81eceab-c8a0-4f3a-a6fb-2202334b398b/Change-thestory-framework-prevent-vio1ence-women-children-AA-new.pdf.aspx - page 27.

Data on person offences as compared to person offences involving alcohol is published in the ACT Criminal Justice Statistical Profile (see excerpt at Attachment A) which is available at:.

http://www.iustice.act.gov.au/criminal and civil justice/criminal justice statistical profiles

Approved for c'.'.'.;~~ on Justice and Community Safety.

Signature: c~ ~ Date: 11\0~\,

By the Minister for the Prevention of Domestic and Family Violence, Ms Yvette Berry MLA

Page 3 of 3

ACT Criminal Justice Statistical Profile - September 2016 KEY HIGHLIGHTS SUMMARY

PERSON OFFENCES

900 -

800 111' \ -

Person offences and person offences involving alcohol 5 years to current quarter

Data from ACT Policing Table 2 of the ACT Criminal Justice Statistical Profile

I i

I i

I I

I / ! i

I I I L l .. -- '"' --, .... __ t,f, -..... • -·-·· _J __ i __ ,. ~--·

I

"'1 1 ..., ------1----i 700 ... ---, ~ ----- .___ __,

i I I - -- I 600

500

400

I 300 I

·~ ..... 200 ~- - ......

100

0

~"y"y

\'V'

"y r( "y

">"'"'

.., P"""

I "y

c:"y

<v"'

'."\, .,.: "y

~?>

..IL.. -

'

I ~v

\'V'

--

'."\, r( "y

">"'"

., r I I I

I I i

'."\, c:"y

<v"'

"> ~';Y

~"(f

~ ~ ...- .... , I

I j

I T , I I ! I I i

I I I I i

' l I

I i

I

I I I

-, !

I j

'- .J .._ --- --~ ~ ~ ~ ~ ~ ~ ., __ ---._ -- ,,,_ m/"' ---

I ........... II...... ------

i ....... , ..

!

I I I I

i I

"> ~"y ;<,.:;> '?

C: "y ~

.,.:ts; ~ /~ ~

;<ts; ~

c:"-; <,

.,.: "y <,

~"y \'V'

<, r( "y

<, c:"y

(o .,.:";

\'V' ">"'"' <v"' ~re, \'V' '?<?,'< <v"' ~re, cf" <v"' ~"(f

I

....... All person offences -4-Person offences involving alcohol """ .... ,. Linear (All person offences) - - Linear (Person offences involving alcohol)

(c) ACT Government p~

Standing Committee on Justice and Community Safety · 2017. 4. 5. · Standing Committee on Justice...

Documents

Transcript of Standing Committee on Justice and Community Safety · 2017. 4. 5. · Standing Committee on Justice...