Richardson v Star Casino

[2024] QCAT 60

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Richardson v Star Casino [2024] QCAT 60

PARTIES:

MELISSA ANN RICHARDSON

(applicant)

v

STAR CASINO

(respondent)

APPLICATION NO/S:

GAR242-22

MATTER TYPE:

General administrative review matters

DELIVERED ON:

6 February 2024

HEARING DATE:

11 May 2023

HEARD AT:

Southport

DECISION OF:

Member Carrigan

ORDERS:

1.     The Tribunal orders that the decision of the Respondent made on 17 May 2022 to issue an Exclusion Notice to the Applicant is confirmed.

2.     The Tribunal orders that the Application to review a decision filed by the Applicant in the Tribunal on 16 June 2022 is dismissed.  

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Review of decision to exclude applicant from casinos – allegation that the applicant was a problem gambler

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 9, s 19, s 20, s 24

Casino Control Act 1982 (Qld) s 3, s 91A, s 92, s 93A, s 97
Gaming Machine Act 1991 (Qld), s 261C
Keno Act 1996 (Qld), s 154D

Wagering Act 1998 (Qld), s 216D

Ainsworth v Albrecht (2016) HCA 40

APPEARANCES & REPRESENTATION:
Applicant:	Mr N Williams, Solicitor.
Respondent:	Mr J Toleafoa, Group Manager-Star Gambling at the Star.

REASONS FOR DECISION

1. Melissa Ann Richardson (‘the Applicant’) has commenced these proceedings in the Tribunal seeking to review the decision made 17 May 2022 by Star Casino (‘the Respondent’) to exclude her from the Staff Gold Coast Casino, Broadbeach and the Treasury Casino, Brisbane, for a period of five years from that date.

2. The Respondent had decided to exclude the Applicant on the basis that it believed that there were reasonable grounds the Applicant was a “problem gambler” within the meaning of the Casino Control Act 1982 (Qld) and other related legislation.[1]

   [1]The "other related legislation" is the Gaming Machine Act 1991 (Qld), s 261C; Keno Act 1996 (Qld), s 154D; and Wagering Act 1998 (Qld), s 216D.

3. The Applicant says that the Respondent had no reasonable grounds to determine that she was a “problem gambler”.

4. The Applicant seeks orders from the Tribunal to set aside the decision of the Respondent and to reinstate the Applicant’s “Rewards Points” which she had derived from her loyalty program as a member of the Casino Star Club.

Background Facts

1. The Applicant was born on 15 August 1971 and was aged 50 years as at the date of her exclusion from the Casinos by the Respondent.

2. The Applicant was a Platinum member of the Star Club which she says is the Star Casino’s membership loyalty rewards program. The Respondent says the next highest tier of Star Club membership is “Diamond” which is a membership tier that is by invitation only. Details of the length of time the Applicant had been a member are not provided in the evidence before the Tribunal. However, the Applicant says that she played poker “on a semi-professional basis”.

3. On 8 March 2022 the Applicant had been gambling at the Start Casino, Broadbeach and…