VCAT Fines OkeBet A$100,000 For Unlawful Marketing Practices

The Victorian Civil and Administrative Tribunal has fined OkeBet for breaching state gambling laws through unlawful marketing activity. The ruling affirms penalties imposed by the Victorian Gambling and Casino Control Commission, including a A$100,000 fine and a formal censure.

OkeBet made an appeal after the decision, but this was dismissed by the Tribunal. VCAT agreed that the operator breached the Gambling Regulation Act 2003 by sending promotional gambling materials to self-excluded individuals and community sporting clubs.

Marketing sent to self-excluded individuals

In its findings, the Tribunal confirmed that OkeBet distributed promotional communications to customers registered under Victoria’s self-exclusion scheme. Under state law, self-exclusion represents a clear withdrawal of consent to receive gambling-related marketing.

The deputy president stated that OkeBet had been adequately notified of this lack of consent. However, the brand continued sending promotional materials, which constituted unlawful conduct.

The Tribunal also considered evidence that some recipients experienced harm after receiving the marketing messages. In one case, an individual who had self-excluded several months earlier received promotional material from OkeBet. This resulted in significant mental distress. 

Community sports inducements found unlawful

The Tribunal also found that OkeBet encouraged new betting account registrations by offering inducements to community sporting clubs. This is prohibited under Victorian gambling legislation, which bans wagering service providers from gaining new users by offering credits, rewards, vouchers, or other benefits.

The VGCCC initiated disciplinary proceedings in September 2024 after identifying compliance concerns linked to OkeBet’s partnerships with community sports organisations. Regulators concluded that these arrangements risked exposing club members and supporters to gambling harm. They also found loopholes in systems designed to protect self- excluded individuals from marketing communications. 

VCAT accepted the regulator’s position that community sporting clubs play a central role in local communities. Therefore, it should not be used as channels for gambling promotion, particularly through prohibited incentives.

Decision reinforces operator compliance obligations

The Tribunal rejected arguments that the regulatory requirements were ambiguous. It stated that the rules governing self-exclusion and inducements impose clear obligations on wagering operators.

VCAT emphasised that operators must maintain effective systems to prevent marketing communications from reaching self-excluded individuals, whether directly or via third-party partners. The responsibility for compliance rests with the licence holder at all times.

The ruling strengthens the VGCCC’s enforcement position and reinforces oversight on betting advertising in Victoria’s wagering market. Regulators have indicated this decision will inform brands that breaching state laws  attracts heavy sanctions.