QHA_March 2018_Electronic_s

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INDUSTRY ENGAGEMENT with Damian Steele GAMING INDUSTRY INTEGRITY AFFIRMED BY THE FEDERAL COURT JUSTICE MORTIMER OF THE FEDERAL COURT HAS DISMISSED A LANDMARK CASE BROUGHT BY A FORMER GAMBLING ADDICT AGAINST THE GAMBLING INDUSTRY, FINDING THAT THE DESIGN OF POKER MACHINES IS NOT MISLEADING OR UNCONSCIONABLE. <strong>QHA</strong> REVIEW | 38 Justice Mortimer’s ruling in favour of Crown Casino and Aristocrat in the Federal Court marks a line in the sand that should end the campaign of myth and misinformation that has been waged against the gaming industry. It’s the first time a claim has alleged poker machines are deceptively designed and breached Australian Consumer Law, and the first to call into question the behaviour of manufacturers in the industry. The case failed on all counts and the Federal Court ruled the subject machine complied with regulations and cleared Crown Casino and Aristocrat of any wrongdoing. The judgement reinforced the integrity of the gaming industry after a vexatious campaign was waged against the industry based on speculative claims which have failed to withstand legal scrutiny. In particular, Her Honour noted the industry’s high level of compliance with “a detailed and comprehensive regulatory regime” which was an important factor in her conclusion. Her Honour resolved that the case failed to show there had been any breach of consumer laws. “I did not find anything in the conduct of Crown or Aristocrat that could be found as unconscionable,” Justice Mortimer said. The gaming industry is a high-integrity business that takes regulatory obligations seriously and strives to scrupulously uphold these obligations with respect to electronic gaming machine compliance. The industry continues to support balanced and fact-based harm minimisation initiatives and recognising that problem gambling issues are complex and require collaboration across industry, regulators and the community. This decision represents an important outcome for the gaming industry and the countless Queenslanders who will continue to enjoy poker machine entertainment with the full knowledge that they are playing games that adhere to world class standards. This is a win for facts over hearsay and opinion, and most importantly it’s a win for the robust regulatory environment that Australian poker machines operate in. THE GAMING INDUSTRY IS A HIGH-INTEGRITY BUSINESS THAT TAKES REGULATORY OBLIGATIONS SERIOUSLY AND STRIVES TO SCRUPULOUSLY UPHOLD THESE OBLIGATIONS WITH RESPECT TO ELECTRONIC GAMING MACHINE COMPLIANCE.
Ross Tims TRAINING AND SAFETY FOOD SAFETY IMPROVEMENTS ARE YOUR BEST RESPONSE WE GET CALLS FROM TIME TO TIME FROM HOTEL MEMBERS WANTING TO KNOW WHAT THEY CAN DO ABOUT “OVER-ZEALOUS” COUNCIL ENVIRONMENTAL HEALTH OFFICERS (EHOS) WHO VISIT THEIR PREMISES AT INCONVENIENT TIMES, FIND ALLEGED UNHYGIENIC FOOD PRACTICES, AND GIVE OUT IMPROVEMENT NOTICES WITH “UNREASONABLE” DEADLINES FOR RECTIFICATION. I think part of the problem might be that there are 77 local councils across the state and each one of them is the stand-alone food safety regulator within their jurisdiction. The fact is, they don’t all operate from the same song sheet – the Food Act 2006 is enforced vicariously through what’s called the Australian/NZ Food Standards Code, a statutory bi-national authority. Enforcement and interpretation of the Code is the responsibility of each local council at the ground level. There isn’t a common EHO food safety audit tool that’s used across local and regional councils who inspect your premises. A small number of councils operate a food safety ratings system (Eat Safe Brisbane is an example) which provide businesses with, effectively, the audit tool used by their inspectors. That gives the licensee the opportunity to exercise due diligence and ensure the premises are up to speed prior to any potential EHO visit, especially with regard to critical and major non-compliances which are identified in the audit tool. Proving that you exercised due diligence is a statutory defence under this Act. The EHO is a person who can close down your licensable food business if they so determine. Under the legislation, they are authorised to enter your premises any time you are open for carrying on the food business, or otherwise open for entry. They can also enter if they have a warrant, at any time. Once the EHO has entered your premises they can undertake a range of investigative and inspection functions such as: • Searching any part of the premises (non-residential). • Inspect, measure, test, photograph or film anything. • Take a sample or item from the premises for analysis; i.e. they can collect or seize evidence. • Take or copy a document at or from the premises. For good measure, you are legally required to provide the EHO with reasonable help or information so they’re able to exercise their powers under this Act, and can be prosecuted for not doing so. For the “over-zealous” inspector, my advice is to be proactive to ensure you meet your food safety obligations as best you can beforehand. That may sound trite but it’s a tried and tested formula. At the time of inspection, I would be doing my best to comply with anything they wanted me to do, within reason. The EHO has the power to give you a lawful direction to stop doing an activity that may contravene the Act, give you an improvement notice to undertake certain rectification action under deadline, or, in extreme circumstances, shut you down for a period of time. Formally complaining to their council supervisor may make you feel better but you could be making a rod for your own back. My advice is to complain only if you have evidence that the EHO has acted illegally, or performed their duties in a seriously unprofessional manner. <strong>QHA</strong> REVIEW | 39
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