A person can be barred from gambling if there is a risk that they may cause serious harm to family members because of problem gambling.
Serious harm includes situations where a person:
- has engaged in gambling activities irresponsibly, impacting on the needs and welfare of their family members and has done so repeatedly over 3 months
- or has engaged in gambling activities in a particularly irresponsible manner over less time.
Family members include:
- a spouse or former spouse
- a domestic partner or former domestic partner
- a child for whom the person, a spouse or former spouse of the person or a domestic partner or former domestic partner of the person, has care and control
- a child who normally (or regularly) lives with the person, a spouse or former spouse of the person or a domestic partner or former domestic partner of the person.
Family protection orders
A family protection order can:
- bar someone from gambling activities and particular venues
- compel someone to attend counselling
- have wages paid directly to a family member or into a specific account.
Before applying for a family protection order, consider whether another form of barring may be more appropriate.
Who can apply
You can apply for a family protection order if you are:
- a family member of the person who is affected by the person's gambling behaviour
- a person holding or acting in the Office of the Public Advocate under the Guardianship and Administration Act 1993
- a person who satisfies the Commissioner that you have a proper interest.
How to apply
Contact CBS on 0427 051 300 or 131 882 (and selection option 6) to discuss your options. You can also email CBS at gamblingadministration@sa.gov.au
A staff member will make an appointment to help you fill out and submit your family protection order form (PDF 380KB)
What happens next
The person you are making an order about will need to appear at a hearing.
If the person does not appear, the Commissioner can still make an order in the person's absence.
Hearings
Hearings are usually informal, but people who are giving evidence must take an oath or affirmation. Witnesses don't need to stay after they've given evidence.
Both the person who initiated the barring and the person who needs help with gambling will have the opportunity to:
- call witnesses
- make submissions
- give evidence.
Everyone needs to bring:
- photo identification - eg drivers licence
- any information you think supports your case
- people who can appear as witnesses.
Adjournments
The hearing can be cancelled and a new date set if:
- the person who initiated the barring, or the person who needs help with gambling don't turn up
- more information is required from either person
- a summons hasn't been served to the person who needs help with gambling.
The hearing must be cancelled and a new date set if the person who needs the help with gambling has a complaint against them under the Intervention Orders (Prevention of Abuse) Act 2009. The hearing can't begin again until that matter ends.
Support for family and friends
If someone else's gambling is affecting you, the Gambling Helpline offers advice and counselling.
Call 1800 858 858 or visit Gambling Help Online.
Contact CBS Gambling Team
Email: gamblingadministration@sa.gov.au
Phone: 131 882 and select option 6
Post:
GPO Box 2169
Adelaide SA 5001
Personal barring queries
If you want to be barred or have questions about your barring phone or text: 0427 051 300
For all other queries, including venue queries relating to barrings, phone 131 882.
