The former chief of staff to a Morrison government minister responsible for gambling regulation is now the head of the industry body representing firms such as Sportsbet and Ladbrokes, prompting calls for tighter lobbying regulation.
Kai Cantwell – who worked for social services minister Anne Ruston until last year’s May 21 election and advised her on online wagering laws – of which she had joint responsibility – became the chief executive of Responsible Wagering Australia (RWA) earlier this month.
Kai Cantwell is the new chief executive of Responsible Wagering Australia, which represents firms such as Sportsbet.
The public register for lobbyists – who try to influence MPs on behalf of private interests – bans government advisers from advancing the goals of companies in the same field they provided advice about for at least 12 months after leaving government.
But RWA, which was previously listed on the published list of lobbyists in Victoria, is no longer included on any state or federal registers, meaning its staffers are not subject to lobbyist rules and it does not need to declare employees’ links to former ministers involved in gambling policy. It is unclear why RWA removed itself from the register, an action that can be taken by an entity when it does not believe it fits the criteria of a lobbyist.
The emergence of Cantwell’s appointment prompted calls for tighter lobbying rules from an academic specialising in lobbying, teal MP Zoe Daniel and anti-gambling advocate Tim Costello.
Several MPs, including Daniel, confirmed RWA recently contacted them to discuss the agenda of Sportsbet and RWA’s other members, providing confirmation that RWA actively lobbies politicians.
Zoe Daniel has been campaigning for new curbs on gambling advertising.Credit: The Age
Cantwell, when contacted by this masthead, declared his appointment was “within the regulations”. “There’s nothing untoward going on here,” he said.
When asked why RWA had removed itself from the lobbyist register, he said: “I’ll have to have a look into that and get you a response.”
Cantwell claimed he preferred not to provide detailed answers to questions about his position because RWA had prepared a comprehensive written statement addressing the questions.
But a statement supplied by RWA simply said: “Mr Cantwell’s appointment and activities are in full compliance with the law and the Lobbying Code of Conduct.”
The peak body did not answer how Cantwell would handle sensitive information learned from working inside the government, why RWA was no longer on the lobbyist register, and when it removed itself from the register.
In its press release announcing Cantwell’s appointment last month, RWA stated he had worked for federal ministers but did not specify which ones or how recently he was employed by them.
On his LinkedIn page, Cantwell states he “played a key role in the development, negotiation, and implementation of the first tranche of measures of the National Consumer Protection Framework (NCPF) for online wagering”. The NCPF is the key set of wagering rules, such as self-exclusion and harm minimisation messaging, that is the focus of the industry’s lobbying efforts.
Monash associate professor Yee-Fui Ng.
Monash University Associate Professor Yee-Fui Ng, a former adviser at the Department of Prime Minister and Cabinet, urged the government to strengthen the law by enacting stricter disclosure requirements and creating an independent commissioner to enforce the lobbying scheme.
“Ministerial advisers are subject to a one-year cooling-off period, but it’s … regularly breached,” she said.
“The lobbyist register at federal level is weak – it is narrow in scope, just covering third-party lobbyists (not in-house lobbyists), and lacks enforcement.”
Daniel said it was already known that the gambling sector enjoyed privileged access to decision-makers in major parties.
“Now this,” she said. “It doesn’t pass the pub test. On the face of it, RWA appears to have gamed the lobbyist system to get around the inadequate rules surrounding the lobbyist register.”
The appointment of Cantwell is the latest case of a former adviser to a Liberal minister moving into the gambling ecosystem.
Three of Sportsbet’s top staffers in government relations, public affairs and reputation management were advisers to Liberal ministers with some responsibility for gambling regulation and the NCPF.
Sportsbet, the largest sports betting firm in Australia, has gained effective control of RWA after the organisation’s former chief, ex-Victorian government minister Justin Madden, abruptly left last year. RWA hired Sportsbet’s former chief legal officer, Julie Ryan, to review and help manage the body and she remains at the organisation.
Top RWA staff report directly to Sportsbet, according to two gambling sources speaking anonymously to divulge industry information.
Tim Costello, anti-gambling advocate.
Like Cantwell, Sportsbet’s government relations head worked for Ruston and left the office in the second half of last year. Sportsbet, which hosted a lavish fundraising dinner with Labor’s Communications Minister Michelle Rowland before the election, was contacted for comment.
Leading anti-gambling campaigner Tim Costello said RWA was exploiting a deficiency in the rules that allowed peak bodies like RWA to keep itself off the public register.
“The gambling sector has always been the parachute and package for politicians and their staff because it is so well paid,” he said, citing current and former MPs Richard Colbeck, Nick Minchin and Stephen Conroy, all of whom have worked with RWA.
“When [a government tries to regulate the gambling sector], these people know the chokeholds; they can advise those who want to oppose reform about who is susceptible, who is seducible.”
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