Gambling Amendment (Training Requirements) Regulations 2016 (Vic)

Gambling Amendment (Training Requirements) Regulations 2016

S.R. No. 111/2016

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Principal Regulations

Part 2—September 2016 amendments

5Division 5 of Part 3 revoked

6New Part 10 inserted

Part 3—January 2017 amendments

7Definitions

8Regulations 121 and 122 substituted and new regulations 123, 124 and 125 inserted

9Schedule 6 amended

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Endnotes

STATUTORY RULES 2016

S.R. No. 111/2016

Gambling Regulation Act 2003

Gambling Amendment (Training Requirements) Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 30 August 2016

Responsible Minister:

MARLENE KAIROUZ
Minister for Consumer Affairs, Gaming and Liquor Regulation

ANDREW ROBINSON

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend the Gambling Regulations 2015—

(a)to prescribe training requirements for the purpose of section 9A.1.18(2) of the Gambling Regulation Act 2003; and

(b)to revoke provisions that no longer apply.

2Authorising provision

These Regulations are made under section 11.2.1 of the Gambling RegulationAct 2003.

3Commencement

(1)These Regulations (except Part 3) come into operation on 1 September 2016.

(2)Part 3 comes into operation on 1 January 2017.

4Principal Regulations

In these Regulations, the Gambling Regulations 2015[1] are called the Principal Regulations.

Part 2—September 2016 amendments

5Division 5 of Part 3 revoked

Division 5 of Part 3 of the Principal Regulations is revoked.

6New Part 10 inserted

After Part 9 of the Principal Regulations insert—

"Part 10—Training requirements

121Training requirements for person who completed training course before 1 September 2016

(1)This regulation applies to a person to whom section 9A.1.18 of the Act applies if, before 1 September 2016, the person completed a training course approved under section 9A.1.18(3) of the Act as in force from time to time before that day.

(2)For the purposes of section 9A.1.18(2) of the Act, the training requirements are that the person completes a refresher course that, immediately before 1 September 2016, was approved under section 9A.1.18(3) of the Act as in force at that time within 3 years of the later of—

(a)the day on which the person completed the training course referred to in subregulation (1); or

(b)the day (if any) on which the person completed a refresher course approved under section 9A.1.18(3) of the Act as in force from time to time before that day.

122Requirements for person who had not completed training course before 1 September 2016

(1)This regulation applies to a person to whom section 9A.1.18 applies if, before 1 September 2016, the person had not completed a training course approved under section 9A.1.18(3) of the Act as in force from time to time before that day.

(2)For the purpose of section 9A.1.18(2) of the Act, the training requirements are that the person completes a training course that, immediately before 1 September 2016, was approved under section 9A.1.18(3) of the Act as in force at that time within 6 months of becoming a person to whom section 9A.1.18 of the Act applies.".

Part 3—January 2017 amendments

7Definitions

In regulation 5(1) of the Principal Regulations insert the following definitions—

"first training module means the training course that—

(a)is provided by or on behalf of the Department of Justice and Regulation; and

(b)is provided, and is to be completed, by use of an Internet site; and

(c)covers the content specified under regulation 124(1)(a);

old refresher course means—

(a)in relation to the period of time before 1 September 2016, a refresher course approved under section 9A.1.18(3) of the Act as in force from time to time before that day; or

(b)in relation to the period of time beginning on 1 September 2016 and ending on 31 December 2016, a refresher course that, immediately before 1 September 2016, was approved under section 9A.1.18(3) of the Act as in force at that time;

old training course means—

(a)in relation to the period of time before 1 September 2016, a training course approved under section 9A.1.18(3) of the Act as in force from time to time before that day; or

(b)in relation to the period of time beginning on 1 September 2016 and ending on 31 December 2016, a training course that, immediately before 1 September 2016, was approved under section 9A.1.18(3) of the Act as in force at that time;

second training module means the training course that—

(a)is provided in person by—

(i)a person employed or engaged as a venue support worker by an entity specified under regulation 125(1); or

(ii)a person employed by the Victorian Responsible Gambling Foundation established under section 4 of the Victorian Responsible Gambling Foundation Act 2011; and

(b)covers the content specified under regulation 124(1)(b);".

8Regulations 121 and 122 substituted and new regulations 123, 124 and 125 inserted

For regulations 121 and 122 of the Principal Regulations substitute—

"121   Training requirements for person who had completed a training course before 1 January 2017

(1)This regulation applies to a person who—

(a)became a person to whom section 9A.1.18 of the Act applies before 1 January 2017; and

(b)had completed an old training course by 1 January 2017.

(2)For the purpose of section 9A.1.18(2) of the Act, the training requirements are that the person completes the first training module and the second training module before the later of—

(a)the third anniversary of the last day on which the person completed an old training course or an old refresher course; or

(b)1 July 2017.

122Training requirements for person who had not completed a training course before 1 January 2017

(1)This regulation applies to a person who—

(a)became a person to whom section 9A.1.18 of the Act applies before 1 January 2017; and

(b)had not completed an old training course by 1 January 2017.

(2)For the purpose of section 9A.1.18(2) of the Act, the training requirements are that the person completes the first training module and the second training module before 1 July 2017.

123Training requirements for person commencing employment after 1 January 2017

(1)This regulation applies to a person who becomes a person to whom section 9A.1.18 of the Act applies after 1 January 2017.

(2)For the purpose of section 9A.1.18(2) of the Act, the training requirements are that—

(a)the person completes the first training module within one month of becoming a person to whom section 9A.1.18 of the Act applies; and

(b)the person completes the second training module within 6 months of becoming a person to whom section 9A.1.18 of the Act applies.

124Minister may specify content of training requirements

(1)The Minister may by instrument specify—

(a)the content of the first training module; and

(b)the content of the second training module.

(2)The Minister must, within 14 days of specifying content under subregulation (1), publish the instrument specifying that content on the website of the Department administered by the Minister.

(3)An instrument made under subregulation (1) takes effect on the day it is published under subregulation (2).

(4)The Minister must make the first instrument under subregulation (1) before 1 January 2017.

125Minister may specify entities to provide second training module

(1)The Minister may specify an entity whose venue support workers may provide the second training module.

(2)The Minister must publish on the website of the Department administered by the Minister a list of the entities specified under subregulation (1).

(3)The Minister must, within 14 days of specifying an entity under subregulation (1), update the list published under subregulation (2).

(4)The specification of an entity under subregulation (1) takes effect on the day that the list is updated under subregulation (3) to include that entity.".

9Schedule 6 amended

In item 26 of Schedule 6 to the Principal Regulations, in Column 2, for "section 9A.1.18(2)" substitute "section 9A.1.18(3)".

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Endnotes

[1] Reg. 4: S.R. No. 55/2015 as amended by S.R. Nos 55/2015 and 139/2015.