Casino player wins QCAT fight to overturn five-year Star Casino ban
A five-year exclusion of a Star Casino loyalty member has been overturned by a tribunal, which found flawed reasoning and misapplied policy in the gambling-related ban.
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A five-year casino exclusion issued to a Star Casino loyalty member has been overturned by the Queensland Civil and Administrative Tribunal, after a dispute over gambling policy compliance and conduct.
Tribunal Member Richard Oliver found that John Vaughan, a high-tier loyalty member of Star Casino with more than 30 years of history, had not breached the casino’s 12-hour play break policy while at The Star Gold Coast as alleged by the casino.
QCAT found that Mr Vaughan’s exclusion, which could have remained in place for up to five years, was based on flawed premises, unclear policies, and miscommunication and the decision to exclude him was neither correct nor reasonable.
It ruled that the more appropriate decision was to lift the ban and allow him to return to the casino, unless new evidence arose to warrant exclusion in the future.
Mr Vaughan was banned from entering both Star Casino’s Gold Coast and Brisbane venues in May 2023.
The Star’s Safer Gambling Team issued the exclusion after a review of his conduct and playing habits at the Gold Coast venue, including concerns about excessive gambling sessions, money exchanges with other patrons, and an emotional reaction during an incident on May 28, 2023.
Central to the exclusion was the belief that Mr Vaughan had exceeded the casino’s 12-hour continuous play policy by 44 minutes.
However, during the QCAT hearing, it was established that Mr Vaughan had taken a break overnight and resumed play the following morning.
The policy, which resets after a substantial break, meant his total “real time” play fell below the threshold for triggering the rule.
The tribunal also acknowledged that the 12-hour play break policy was in place prior to June 3, 2023, and was evidenced in the casino’s statement of reasons.
The tribunal noted that had this timing been correctly calculated on the day, the confrontation between Mr Vaughan and casino staff may not have occurred.
Another allegation raised in court documents involved Mr Vaughan handing a $5000 chip to a friend in June 2022, which he explained was payment for a television.
A second instance, also outlined in court documents, saw him receive a $1000 chip in repayment for a dinner.
The documents also said he acknowledged breaching rules by exchanging chips at the table, but no formal action was taken at the time beyond a warning.
Following the May 28, 2023 incident, Mr Vaughan was offered a voluntary “self-exclusion” which he declined.
The casino then opted for a formal exclusion under the Casino Control Act 1982, citing concerns of potential harm from gambling.
The exclusion would remain in effect for five years, but after 12 months, an excluded individual may apply to the casino to have it removed.
QCAT found that Mr Vaughan was not a frequent visitor, attending the casino 15 times over eight months, and that there was no consistent evidence of problem gambling.
The tribunal accepted that the earlier incidents were isolated, Mr Vaughan had expressed remorse, and there had been no previous concerns recorded.
The tribunal also agreed with Mr Vaughan’s argument that the exclusion stemmed from a misunderstanding of the play break policy, which was updated after the incident.
His Diamond Club status also demonstrated a history of high-level engagement with no significant issues.
The exclusion cost Mr Vaughan several perks, including approximately 40 free accommodation nights and other loyalty benefits.
The tribunal ruled these should reasonably be reinstated, though it formally only had the power to set aside the exclusion.
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Originally published as Casino player wins QCAT fight to overturn five-year Star Casino ban
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