Casino Control Act 2006 — Part 10: NATIONAL COUNCIL ON PROBLEM GAMBLING

Sushant Shukla

Part of a comprehensive analysis of the Casino Control Act 2006

All Parts in This Series

Establishment and Functions of the National Council on Problem Gambling: An In-Depth Analysis of Part 10, Casino Control Act 2006

Part 10 of the Casino Control Act 2006 is a critical legislative framework designed to address the social issues arising from problem gambling in Singapore. This Part establishes the National Council on Problem Gambling (NCPG), delineates its functions and powers, and provides mechanisms such as family exclusion orders, visit limits, and other exclusion orders to mitigate the adverse effects of gambling addiction. This article provides a detailed examination of the key provisions within Part 10, their purposes, and the legal rationale underpinning these measures.

Section 153: Interpretation of Part 10

Before delving into the substantive provisions, it is essential to understand the definitions and interpretations that apply to Part 10. Section 153 serves as the interpretative foundation for this Part, ensuring clarity and consistency in the application of the subsequent provisions.

"153 Interpretation of this Part" — Section 153, Casino Control Act 2006

This section exists to provide precise meanings to terms used throughout Part 10, thereby preventing ambiguity and facilitating effective enforcement of the Council’s functions. Clear definitions are vital in legal texts to avoid misinterpretation, especially in sensitive areas such as problem gambling where the rights and welfare of individuals are at stake.

Sections 154 to 156: Establishment and Functions of the National Council on Problem Gambling

Sections 154 to 156 collectively establish the National Council on Problem Gambling and define its scope of authority and operational validity.

"154 Establishment of Council" — Section 154, Casino Control Act 2006

"155 Functions of Council" — Section 155, Casino Control Act 2006

"156 Validity of Council’s actions" — Section 156, Casino Control Act 2006

Purpose: The establishment of the NCPG under Section 154 institutionalizes a dedicated body responsible for addressing problem gambling. Section 155 outlines the Council’s functions, which include formulating policies, conducting research, and implementing measures to prevent and mitigate problem gambling. Section 156 ensures that actions taken by the Council are legally valid and binding, thereby providing legal certainty and authority to its decisions.

These provisions exist to create a centralized, authoritative body that can coordinate efforts across various stakeholders, including government agencies, casinos, and social service organizations. The Council’s role is crucial in balancing the economic benefits of casino operations with the social imperative to protect vulnerable individuals from gambling-related harm.

Sections 157 to 170: Family Exclusion Orders, Visit Limits, and Other Exclusion Orders

This division forms the core of Part 10’s regulatory framework aimed at controlling problem gambling through exclusion mechanisms.

"157 Committee of Assessors for making exclusion orders and visit limits" — Section 157, Casino Control Act 2006

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"158 Committee to hear and determine applications for family exclusion orders and visit limits" — Section 158, Casino Control Act 2006

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"159 Application for family exclusion order" — Section 159, Casino Control Act 2006

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"160 Application by or on behalf of person below 21 years of age" — Section 160, Casino Control Act 2006

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"161 Application on behalf of incapacitated applicant" — Section 161, Casino Control Act 2006

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"162 Grounds for making family exclusion order" — Section 162, Casino Control Act 2006

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"163 Terms of family exclusion order" — Section 163, Casino Control Act 2006

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"163A Visit limit application by family member" — Section 163A, Casino Control Act 2006

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"164 Provisional family exclusion order" — Section 164, Casino Control Act 2006

"165 Committee may make exclusion order or visit limit in certain circumstances" — Section 165, Casino Control Act 2006

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"165A Persons to be excluded by law or self-excluded from casino" — Section 165A, Casino Control Act 2006

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"165B Voluntary application for visit limit" — Section 165B, Casino Control Act 2006

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"165C Making family exclusion order, visit limit or exclusion order in respondent’s absence" — Section 165C, Casino Control Act 2006

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"165D Effect of visit limit" — Section 165D, Casino Control Act 2006

"166 Variation or revocation of family exclusion order, visit limit or exclusion order by Council" — Section 166, Casino Control Act 2006

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"167 Service of family exclusion order, visit limit or exclusion order" — Section 167, Casino Control Act 2006

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"168 List of excluded persons" — Section 168, Casino Control Act 2006

"169 Secrecy of proceedings of Committee" — Section 169, Casino Control Act 2006

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"170 Rules" — Section 170, Casino Control Act 2006

Purpose and Rationale: These provisions collectively empower the NCPG to implement exclusion orders and visit limits as practical tools to prevent individuals suffering from problem gambling from entering casinos or limiting their gambling activities.

Section 157 establishes a Committee of Assessors tasked with making decisions on exclusion orders and visit limits, ensuring that such decisions are made by qualified individuals with expertise in problem gambling. Section 158 provides for the hearing and determination of applications, guaranteeing procedural fairness and due process.

Sections 159 to 161 allow for applications for family exclusion orders to be made by family members, persons below 21 years of age, or incapacitated persons, reflecting a protective approach that recognizes the vulnerability of certain groups. Section 162 sets out the grounds upon which family exclusion orders may be made, ensuring that such orders are based on objective criteria.

Sections 163 and 163A specify the terms of family exclusion orders and visit limits, respectively, providing flexibility to tailor restrictions to individual circumstances. Section 164 allows for provisional family exclusion orders, enabling swift intervention in urgent cases.

Sections 165 to 165D cover various scenarios including exclusion orders in the absence of the respondent, voluntary applications for visit limits, and the legal effect of such limits. These provisions underscore the balance between protecting individuals and respecting their autonomy.

Section 166 permits the variation or revocation of exclusion orders, recognizing that circumstances may change and that the Council must retain discretion to adjust orders accordingly. Section 167 mandates the proper service of orders to ensure that affected persons are duly informed.

Section 168 requires the maintenance of a list of excluded persons, facilitating enforcement by casinos and other relevant authorities. Section 169 mandates secrecy of Committee proceedings, protecting the privacy and dignity of applicants and respondents.

Finally, Section 170 empowers the Council to make rules governing the procedures and administration of exclusion orders and visit limits, ensuring that the framework remains adaptable and effective.

These provisions exist to provide a comprehensive, fair, and effective system to manage problem gambling, balancing individual rights with societal interests. By enabling family members and other concerned parties to initiate exclusion orders, the law recognizes the familial and social dimensions of gambling addiction. The procedural safeguards and confidentiality provisions protect the dignity of affected persons while ensuring that the Council’s interventions are legally sound and socially responsible.

Absence of Penalties and Cross-References in Part 10

Notably, Part 10 does not specify penalties for non-compliance with family exclusion orders, visit limits, or other exclusion orders. This omission suggests that enforcement mechanisms and penalties may be addressed elsewhere in the Casino Control Act or related legislation.

"(No mention of penalties in Part 10 as provided)" — Part 10, Casino Control Act 2006

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Similarly, Part 10 does not contain explicit cross-references to other Acts. This indicates that the provisions within this Part are intended to operate as a self-contained regulatory framework for problem gambling interventions.

"(No cross-references to other Acts in Part 10 as provided)" — Part 10, Casino Control Act 2006

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The absence of penalties within Part 10 may be deliberate to focus this Part on preventive and protective measures rather than punitive actions. Enforcement and penalties might be governed by other parts of the Act or subsidiary legislation, ensuring a clear separation between intervention and sanction.

Conclusion

Part 10 of the Casino Control Act 2006 establishes a robust legal framework to address problem gambling through the creation of the National Council on Problem Gambling and the implementation of family exclusion orders, visit limits, and other exclusion orders. The provisions are carefully designed to balance the need for effective intervention with procedural fairness and respect for individual rights.

The interpretative clarity provided by Section 153, the authoritative establishment of the NCPG under Sections 154 to 156, and the detailed procedural and substantive rules governing exclusion orders in Sections 157 to 170 collectively demonstrate a comprehensive approach to mitigating the social harms of gambling.

While Part 10 does not specify penalties or cross-reference other legislation, its focus on preventive measures and procedural safeguards reflects a policy choice to prioritize support and protection for individuals and families affected by problem gambling.

Sections Covered in This Analysis

Section 153: Interpretation of this Part
Section 154: Establishment of Council
Section 155: Functions of Council
Section 156: Validity of Council’s actions
Section 157: Committee of Assessors for making exclusion orders and visit limits
Section 158: Committee to hear and determine applications for family exclusion orders and visit limits
Section 159: Application for family exclusion order
Section 160: Application by or on behalf of person below 21 years of age
Section 161: Application on behalf of incapacitated applicant
Section 162: Grounds for making family exclusion order
Section 163: Terms of family exclusion order
Section 163A: Visit limit application by family member
Section 164: Provisional family exclusion order
Section 165: Committee may make exclusion order or visit limit in certain circumstances
Section 165A: Persons to be excluded by law or self-excluded from casino
Section 165B: Voluntary application for visit limit
Section 165C: Making family exclusion order, visit limit or exclusion order in respondent’s absence
Section 165D: Effect of visit limit
Section 166: Variation or revocation of family exclusion order, visit limit or exclusion order by Council
Section 167: Service of family exclusion order, visit limit or exclusion order
Section 168: List of excluded persons
Section 169: Secrecy of proceedings of Committee
Section 170: Rules

Source Documents

For the authoritative text, consult SSO.

Written by Sushant Shukla

Topics

Singapore SSOStatutes Legislation