Document ID: chunk:federal_register_of_legislation:F2022L00850:reg:7
Version: federal_register_of_legislation:F2022L00850
Segment Type: reg
Provision Reference: reg 7
Character Range: 2383–4647

7  Significant risk statement
       For section 42S(2) of the Act, the exclusion in section 6 is necessary because of the significant risk in the ACT to public safety. The potential for criminal infiltration of casino operations is well understood. Employee complicity is a recognised method which third parties may use to achieve this.
       Compared to existing licensing pathways for casino employees in the ACT, and notwithstanding arrangements that can be put in place under the automatic mutual recognition (AMR) framework for notification of an intent to work and information transfer between regulators, AMR will lessen oversight by the regulator, the ACT Gambling and Racing Commission.
       Under existing licensing pathways, a casino employee is issued with an ACT licence, creating a regular regime of assessment of eligibility and fitness. In the ACT, this occurs every three years as a risk mitigation strategy. This will not occur under automatic mutual recognition. Under AMR, interstate casino employees will renew their substantive licences according to the timeframes under their home State frameworks. Typically, the renewal periods in other jurisdictions are much longer than those in the ACT, including up to ten years. Compared to the ACT's current approach for a three-yearly assessment eligibility and fitness as a casino employee, AMR will lessen the frequency of assessment of an individual's eligibility and fitness by a local registration authority.
       This poses a significant risk for public safety in the ACT as casino employees with organised crime affiliations may be able to work in the Canberra Casino undetected.
       The exclusion for one year is necessary as alternative arrangements to address this risk are not present and could not be developed or implemented during the temporary exemption period due to their complexity. These include the development and implementation of procedures and protocols to effectively monitor individuals working in the ACT under AMR. It would also include an examination of existing regulatory frameworks to understand how this risk might be addressed through other mechanisms including working with other jurisdictions on greater uniformity in the licensing of casino employees.