Gambling giant Tabcorp has been fined $4.6 million by the Victorian gaming regulator for a remarkable incident in which its own systems identified a problem gambler and a Tabcorp employee rang to check on them — only to then offer them more incentives to continue gambling.

The Victorian Gambling and Casino Control Commission detailed the breach while announcing what is a record fine by the regulator for a series of breaches between 2020 and 2023.

In October 2022, Tabcorp’s systems alerted staff to potential problem gambling by a customer:

“Significant increase in losses and turnover over last 3 months. 12M losses $160k, 1M losses 135K. Staking seems consistent although active most days recently with large volume of bets. Recommend call if none recently.”

A Tabcorp staff member then contacted the customer — who had opted out of all direct marketing by Tabcorp — on October 26:

“Called [customer] and left VM to contact back — Betting on account has increased dramatically over the past two months — RG check-in required and further information regarding account.”

When staff spoke to the customer, however, the subject turned to incentives for the customer to keep gambling, with Tabcorp offering a $2,000 deposit match to bet on horseracing:

“So that’ll be on the account for you just in a couple of minutes and away you go. It will trigger on your next deposit,” the staff member told the customer. “Have a look at the form. I’ll be doing the same… I’m at Flemington across the four days.”

Tabcorp subsequently admitted to the regulator “the value of the welfare check-in was undermined by the making of a promotional offer to the customer at the conclusion of the call. Tabcorp notes that this offer should not have been made.”

Six days later on November 2, Tabcorp noted:

“Customer has increased their betting and spending since June, with losses reaching $171k and frequent betting sessions on a weekly basis. 12M losses are $186k, so majority of activity and losses have been since June. Unable to locate any open source info. RG check required to assess comfortability with losses and increased time spent betting. Affordability and soft [source of wealth] should be addressed also.”

Despite that, Tabcorp went on to offer the customer tickets to the Australian Open, a “bonus bet in lieu of Australian Open tickets” of $1,000 and another $2,000 deposit match in February 2023. The customer shut the account in May 2023.

The regulator found that “it is highly egregious for the account manager to set out to make a responsible gambling call on 26 October, 2022 and then to use that call as an opportunity to offer the customer an inducement to gamble. That undermines the purpose of the call and evidences a mindset that does not show respect for what responsible gambling principles and policies are meant to achieve. Further, even leaving aside this highly egregious conduct, the phone call did not adequately inquire into the customer’s sources of wealth. Nor did it adequately explore responsible gambling strategies with the customer.”

Nonetheless, the regulator determined the offence was “mid-range” and fined Tabcorp only half of the total amount if could have fined the company.