Victoria royal commission into Crown Resorts ‘broader’ than in NSW, WA

Unlike other states, Victoria’s royal commission will examine whether it’s in the ‘public interest’ for Crown to hold a casino licence.

Ray Finkelstein will head the Victorian royal commission into Crown. Picture: AAP

A hearing and witness schedule for Victoria’s royal commission into Crown Melbourne is being finalised and will be released shortly, just days before the commission first convenes on Wednesday under expansive terms of reference that asks whether it is in the public interest for Crown to continue operating in the state.

The $5m royal commission – headed by former Federal Court judge Raymond Finkelstein – has a hard end date of August 1, meaning Commissioner Finkelstein has less than five months to conduct hearings, interview witnesses and compile a report.

It is less than half the length of the NSW Bergin inquiry into the company, which was partially delayed by the pandemic, and contains much broader language in its terms of reference.

Like the NSW inquiry, the Victorian royal commission will have to consider the “suitability” of Crown Resorts and its subsidiary Crown Melbourne to hold a casino licence under state gambling regulations, as well as any changes the company may need to make to achieve suitability.

It will also examine the suitability of individual associates of the company like its current major shareholder, James Packer.

The commission will reflect on the effectiveness of Victorian gaming regulation and whether “changes to relevant Victorian legislation, including the Casino Control Act and the Victorian Commission for Gambling and Liquor Regulation Act 2011, as well as the Crown Melbourne Contracts, are necessary.”

The terms of reference also call for the royal commission to examine whether Crown Melbourne is complying with these specific acts and contracts.

But unlike the NSW inquiry – and an upcoming royal commission in Western Australia – the terms of reference ask the commission to examine “whether it is in the public interest for Crown Melbourne to continue to hold the casino licence in Victoria.”

Partner and head of the gambling law practice at Addisons, Jamie Nettleton, said the public interest question made the scope of the Victorian royal commission broader than the NSW inquiry.

“The part about it being in the public interest for Crown to operate the casino is a point of difference between NSW and Victoria,” he said.

“It makes the inquiry broader, and doesn’t seem to have any parameters around it.”

Mr Nettleton said the clause could allow Commissioner Finkelstein to hear a broader range of witnesses than those who appeared at the NSW inquiry – such as special interest groups – although he was likely to be mindful of time constraints.

“I think he will take a view as to whether each witness has appropriate standing - can they assist the inquiry,” he said, adding that although five months may appear to be a sufficient amount of time, Commissioner Finkelstein would have to be disciplined.

“I think he’s going to keep a tight rein on it, but you might want to hypothetically ask if the process and the time frame allows those who feel aggrieved by Crown to have their day in court, as it were.”

The first hearing of the royal commission will commence at 10am (AEDT) on Wednesday.

Those appointed as counsel assisting the inquiry include Adrian Finanzio SC, Penny Neskovcin QC, Meg O’Sullivan and Geoffrey Kozminsky.

Corrs Chambers Westgarth have been appointed as solicitors assisting the Commission.