The government is under pressure to go further to limit gambling harms, after its legislation failed to find backing from the Coalition, crossbench or Greens. This week, a Senate inquiry heard bombshell claims that reignited debate on the issue ahead of parliament's return from the mid-winter break. Several key issues remain unresolved, including inducements offered to problem gamblers, and calls for a national regulator.
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TRANSCRIPT
Speculation is mounting that the government could abandon gambling reform altogether rather than accept sweeping changes as it seeks to find a path through the Senate.
On Thursday, the prospect resurfaced in reporting from the ABC, amid ongoing deadlock and dissent, after Prime Minister Anthony Albanese initially raised it last month.
"This is good reform. This is a major step forward, and the parliament should vote for it. If they don't, then they do have the option of the status quo."
The legislation will come back into focus over coming weeks, but the government's reform package has found no friends yet, and even sparked claims it's worse than the status quo.
The Chief Advocate for the Alliance for Gambling Reform, Tim Costello, says debate on gambling reform has drifted from what the public wants, and become ridiculous.
"Oh well, that is absolutely shocking if they're seriously considering that. And the public won't wear it. And even caucus members, friends of Peta Murphy, the late courageous Peta Murphy are very unlikely to wear that. They're threatening to do that simply because the Liberals rightly said they want to move on inducements that betting companies offer."
The issue of inducements - or promotions - for problem gamblers hit the headlines this week with explosive allegations from former NRL star Luke Bateman at a two-day senate inquiry.
The former gambling addict outlined an extreme example, saying he had been flown interstate to attend race days, with alcohol, food, and drugs supplied.
"Before getting there, your VIP manager would offer you, 'Hey, mate, what drugs do you want? Do you want you know do you want a couple bags for this weekend? We'll organise that for you. We'll have that ready for you when you get here.'"
Independent Senator for the ACT David Pocock sat on that inquiry.
"It's no surprise after what we heard over two days of hearings that the Labor Party voted against any scrutiny. They voted against the senate inquiry into their own bill because it's basically friendless. The only people who want this bill to pass are the gambling industry."
He says he wouldn't be surprised if the government withdrew its legislation, but argues there are many in the Labor party who want more far-reaching reform.
"One of the things that became very clear from the Senate inquiry is that this is not evidence-based policy that has been developed by the department. They were very clear that this package was developed in cabinet."
Tim Costello says it's the Prime Minister who's obstructing stronger laws.
"Look, I don't actually think it's Labor. I think it's the Prime Minister. I think it all comes down to him. He has been stubborn and we do not know why. Is it his fear of free to air TV punishing him? Is it his fear and relationship with Peter V'landys as chair of the NRL and Racing New South Wales or the AFL? Is it donations that sports betting companies make to the ALP? We don't know, but it really comes down to just the Prime Minister holding this up."
The Minister for Communications and Sport, Anika Wells says the government is still open to negotiation.
"I saw the ABC reporting about the prime minister's comments in the parliament last sitting fortnight. That's some weeks ago now, and I'd say we're some ways off that. I'm having constructive discussions with both the shadow communications minister for the Coalition and the shadow communications spokesperson for the Greens. We'll keep those discussions going. We'd love to see this pass."
Senator Pocock says there are three key issues where he'd like to see action, in line with a landmark report produced by a landmark inquiry chaired by late Labor MP Peta Murphy.
"The three big things are a phased in ban on all gambling ads, banning all inducements, and setting up a national regulator."
As it currently stands, Labor's bill would not set up a national regulator, opting instead to strengthen the existing self-exclusion regime, and doing little on inducements.
For broadcast TV, it would impose a limit of three gambling ads per hour between 6am and 8.30pm, with a complete ban during live sport broadcasts within those hours.
Gambling ads would also be banned on the radio during school drop off and pick up times, and introduce a ban on gambling ads in sports venues and on players uniforms.
But Shadow Minister for Regional Communications Anne Webster has told the ABC that in some instances the bill could water down existing protections for children.
"Ads will continue in children's prime time TV. They will continue right up to five minutes before the game, and you know there are there are just it'll be they'll be able to do gambling ads when there's a goal scored, which currently does not exist. So to answer your question, will this bill make it better or worse? It will make it worse. If gambling ads are going to increase because of this bill, that's a fail."
Critics have also raised substantial concerns about a so-called triple lock system, which would ban minors from seeing gambling ads on streaming services, but require adults to opt out.
Tim Costello says Labor's plan to ban betting logos in sports stadiums and on jerseys is a good step forward, as well as a move to prevent high-profile people being used in advertising.
On the other hand, he says the legislation leaves the door open to more targeting of addicts and children, and it's not clear whether it's better or worse on the whole.
"Well, the worst features are that it's still three gambling ads an hour on free to air TV. And it's effectively open slather for gambling ads on streaming. So more and more people watch live sport on streaming. If you haven't opted out, and we know from SBS's experience of giving the opt-out option where less than 1 per cent have taken it up, it's really difficult to opt out. We say it should be an opt-in. No gambling ads, but if you want them, you can opt in and get them."
What it would take for the Greens or the Coalition to opt in to the government's bill remains to be seen - but the government will need to win one of the two over to pass its reforms.
Parliament returns next week from its mid-winter break.
