Gambling Regulation Act 2024

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Complaints about licensees

180. (1) A person may make a complaint to the Authority in relation to an alleged contravention by a licensee of a relevant obligation.

(2) A complaint under subsection (1) shall, subject to subsection (3), be in writing.

(3) The Authority may, where it considers it appropriate to do so, accept a complaint that is not in writing and where it does so shall, as soon as practicable—

(a) reduce the complaint to writing, and

(b) seek confirmation from the person who made the complaint, in such form and manner as the Authority considers appropriate, that the written record of that complaint is a true and accurate record.

(4) A complaint shall be made to the Authority under subsection (1) not more than 12 months after the date of the alleged contravention concerned.

(5) The Authority may extend the period referred to in subsection (4) if the Authority is satisfied that it is appropriate and would not cause an injustice to the licensee in respect of whom the complaint concerned is made.

(6) Where the Authority receives a complaint under subsection (1), it may dismiss the complaint if it considers that the complaint—

(a) is frivolous or vexatious,

(b) was not made in good faith, or

(c) is the same or substantially the same as a complaint which was previously—

(i) considered by the Authority under this Part,

(ii) the subject of a notice of non-compliance,

(iii) the subject of a directed investigation, or

(iv) the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by a court in favour of the licensee concerned.

(7) The Authority may request a complainant to provide further particulars in writing in respect of the complaint within such reasonable period as is specified by the Authority.

(8) Where the Authority does not dismiss a complaint under subsection (6), it shall, having considered the complaint and any further particulars received upon request under subsection (7), do one or more of the following:

(a) where it is of the opinion that a licensee has contravened or is contravening a relevant obligation, proceed in accordance with section 190 ;

(b) take such other action in respect of the complaint as the Authority considers appropriate;

(c) take no further action in respect of the complaint.

(9) The Authority shall, as soon as practicable after making a decision to dismiss a complaint under subsection (6) or take any action referred to in subsection (8), give notice in writing to the complainant and to the licensee concerned of the decision and the reasons for that decision.

(10) Where a complaint made in accordance with this section is withdrawn by the complainant or abandoned for any reason, including by reason of the death of the complainant, the Authority may proceed as if the complaint had not been withdrawn or abandoned if it is satisfied that there is good and sufficient reason for doing so.