Hellenic Club loses bid to refer part of $1.2m fine appeal over alleged problem gambling law breaches to Supreme Court
The Hellenic Club in Canberra is appealing a $1.2 million fine imposed for alleged law breaches around problem gambling. (ABC News: Joel Wilson)
In short:
The Hellenic Club of Canberra has lost its bid to refer part of its appeal against a $1.2 million fine to the ACT Supreme Court.
The fine was imposed by the ACT's gambling regulatory authority after it found more than 70 alleged contraventions of regulations, including the club's alleged failure to record events in the problem gambling incidents register.
What's next?
The ACT Civil and Administrative Tribunal stayed disciplinary action against the club to allow time for its appeal, with a full hearing date to be set.
Canberra's Hellenic club has lost its bid to refer part of its challenge to a $1.2 million fine, over alleged breaches of gambling laws, to the ACT Supreme Court.
The dispute over the penalty is being considered by the ACT Civil and Administrative Tribunal (ACAT).
The alleged breaches came to light when the family of a man who had taken his own life went to the ACT's Gambling and Racing Commission to complain that the club had broken gambling laws by letting him and his wife take out illegal amounts of cash.
Raimo Kasurinen, who was known as Ray, died on March 31, 2020.
Prior to his death, Mr Kasurinen had fallen into serious debt.
Under the law, there is a $200 EFTPOS withdrawal limit.
The family said Mr Kasurinen and his wife had taken out the cash in $200 lots.
The commission found more than 70 alleged contraventions of regulations, including the club's alleged failure to record events in the problem gambling incidents register or to record multiple EFTPOS withdrawals.
The ACT Civil and Administrative Tribunal found the Hellenic Club of Canberra had contravened regulations. (ABC News: Joel Wilson)
The disciplinary action included a reprimand, the financial penalties and conditions on the club's licence.
For the moment, that action has been stayed by the ACAT to allow time for the club to appeal.
But the club wanted to challenge what powers the commission had to take disciplinary action against it, in the ACT Supreme Court.
Its lawyers argued that resolving the legal question could save time in the consideration of the breaches.
"The question of whether a licensee may be fined, reprimanded or otherwise disciplined for contravening offence provisions in the regulation is of public importance," the ACAT said in its ruling.
But the tribunal declined to use its discretion to refer the matter to the Supreme Court, finding the club's prospects of persuading the court to accept its arguments were not strong and there would be a risk that a referral could delay matters.
The tribunal said that, irrespective of the Commission's powers to take disciplinary action, the club still has to comply with regulations.
A date will now be set for a full hearing.