1. Psychiatric Harm and Electronic Gaming Machines
Policy and Social Effects
Jayson Cooke s

3. Sally M. Gainsbury et al, "Recommendations For International Gambling Harm-Minimisation Guidelines: Comparison With Effective Public Health Policy" (2013) 30(4) Journal of Gambling Studies.

4. Australian Gambling Statistics, 32nd Edition, 1989–90 to 2014–15 and historical editions.
Australian Gambling Statistics, 30th edition , Queensland Government Statistician's Office, Queensland Treasury and Trade. < stats-30th-edn-summary-tables pdf>.

5. R. Collier, "Do Slot Machines Play Mind Games With Gamblers
R. Collier, "Do Slot Machines Play Mind Games With Gamblers?" (2008) 179(1) Canadian Medical Association Journal. 23–24.
Paul Delfabbro, "Australasian Gambling Review" (Independent Gambling Authority of South Australia, 2008).

6. were “where most harms arise”.[1]
The 2010 Productivity Commission report on the state of gambling in Australia noted EGMs
were “where most harms arise”.[1]
The report shows the risk EGMs pose increases significantly with frequency of playing, the “conditioning effects of random and intermittent payouts, and combined with the capacity
for rapid repetition of games encourage sustained gambling”.[2]
[1] Productivity Commission. (1999). Australia’s gambling industries: Final report. Canberra, Australia: Commonwealth of Australia. 13
[2] Ibid. p 14

7. Benjamin L. Wilkes, Craig J
Benjamin L. Wilkes, Craig J. Gonsalvez and Alex Blaszczynski, "Capturing SCL And HR Changes To Win And Loss Events During Gambling On Electronic Machines" (2010) 78(3) International Journal of Psychophysiology.265–272. Thomas Ricketts and Ann Macaskill, "Gambling As Emotion Management: Developing A Grounded Theory Of Problem Gambling" (2003) 11(6) Addiction Research & Theory, 383–400. Brigitte Wanner et al, "Flow And Dissociation: Examination Of Mean Levels, Cross-Links, And Links To Emotional Well-Being Across Sports And Recreational And Pathological Gambling" (2006) 22(3) Journal of Gambling Studies, 289–304. Charles Carver and Micheal Scheier, “On The Self-Regulation Of Behavior” (Cambridge University Press, 1998). Alex Blaszczynski, Robert Ladouceur and Crawford Moodie, "The Sydney Laval Universities Gambling Screen: Preliminary Data" (2008) 16(4) Addiction Research & Theory, 401–411. John O'Connor and Mark Dickerson, "Impaired Control Over Gambling In Gaming Machine And Off-Course Gamblers" (2003) 98(1) Addiction, 53–60.

8. Ibid. R. Collier, "Do Slot Machines Play Mind Games With Gamblers
Ibid. R. Collier, "Do Slot Machines Play Mind Games With Gamblers?" (2008) 179(1) Canadian Medical Association Journal, 23–24. Mark Griffiths, "Fruit Machine Gambling: The Importance Of Structural Characteristics" (1993) 9(2) Journal of Gambling Studies, 133–152. Nicki Dowling, David Smith and Trang Thomas, "Electronic Gaming Machines: Are They The ‘Crack-Cocaine’ Of Gambling?" (2005) 100(1) Addiction, 33–45.

9. Charles Carver and Micheal Scheier, “On the Self-Regulation Of Behavior” (Cambridge University Press, 1998). Alex Blaszczynski, Robert Ladouceur and Crawford Moodie, "The Sydney Laval Universities Gambling Screen: Preliminary Data" (2008) 16(4) Addiction Research & Theory, 401–411. Mark G. Dickerson et al, "Estimating The Extent And Degree Of Gambling Related Problems In The Australian Population: A National Survey" (1996) 12(2) Journal of Gambling Studies, 161–178. John O'Connor and Mark Dickerson, "Impaired Control Over Gambling In Gaming Machine And Off-Course Gamblers" (2003) 98(1) Addiction, 53–60. Sally M. Gainsbury et al, "The Prevalence And Determinants Of Problem Gambling In Australia: Assessing The Impact Of Interactive Gambling And New Technologies." (2014) 28(3) Psychology of Addictive Behaviors, R. Collier, "Do Slot Machines Play Mind Games With Gamblers?" (2008) 179(1) Canadian Medical Association Journal, 23–24.

10. Productivity Commission. (1999)
Productivity Commission. (1999). Australia’s gambling industries: Final report. Canberra, Australia: Commonwealth of Australia. Productivity Commission. Gambling. Canberra: Australian Productivity Commission; 2010.p16.

11. An estimated 10-25% of problem gamblers commit offences to fuel their continued playing.
Julie Lahn, "Gambling Among Offenders: Results From An Australian Survey" (2005) 49(3) International Journal of Offender Therapy and Comparative Criminology, 343–355.

12. Warfield et al, 2008, ‘Gambling motivated fraud in Australia: 1998–2007’, <

13. The DSM-5 categorises “gambling disorders” as a substance addiction, not unlike addictions to drugs and alcohol.[1]
Yet problem gambling is still commonly considered by the public and policy makers as a pre-existing psychological disorder rather than the product specific dependence experts know it to be.[2]
[1] American Psychiatric Association, (2013) ‘Diagnostic and statistical manual of mental health disorders: DSM-V’ (5th ed.) Washington DC, American Psychiatric Publishing.
[2] M. B. Walker, ‘The seductiveness of poker machines’, (2003)16 Gamble, 52–66.

14. Gerda Reith, "Gambling And The Contradictions Of Consumption" (2007) 51(1) American Behavioral Scientist, 33–55. Charles Livingstone and Richard Woolley, "Risky Business: A Few Provocations On The Regulation Of Electronic Gaming Machines" (2007) 7(3) International Gambling Studies, 361–76.

15. First report: “the design and implementation of a mandatory pre-commitment system for electronic gaming machines”, < ecommitment_scheme/report/report.pdf> Alex Blaszczynski, et al, (2001). ‘The Assessment of the Impact of the Reconfiguration on Electronic Gaming Machines as Harm Minimisation Strategies for Problem Gambling. A Report for the Gaming Industry Operators Group’, Sydney: The University of Sydney Gambling Research Unit; Alex Blaszczynski, et al (2005). ‘Structural Characteristics of Electronic Gaming Machines and Satisfaction of Play Among Recreational and Problem Gamblers’, International Gambling Studies, 5, ; K. Eggert, (2004) ‘Truth in Gaming: Towards Consumer Protection in the Gambling Industry’, Maryland Law Review, 63,

16. Yucel Murat, "Neuroscience In Gambling Policy And Treatment: An Interdisciplinary Perspective" (2017) 4(6) The Lancet Psychiatry, Kevin A. Harrigan, "Slot Machine Structural Characteristics: Creating Near Misses Using High Award Symbol Ratios" (2007) 6(3) International Journal of Mental Health and Addiction, 353

17. T Schellinck and T Schrans, "Inside The Black Box—Using Player Tracking Data To Manage Risk" (Presentation, Nova Gorica: Conference of the European Association for the Study of Gambling, 2008). Peter J Adams, Gambling, Freedom And Democracy (Routledge, 2012), 4-6.

18. J McMillen and M Toms, "Report On The Responsible Gambling Trial Program For NSW Clubs" (University of Western Sydney, 1997). J McMillen and S Martin, “Queensland responsible gambling code of practice: implementation resource manuals. Final Report”, Report to the Queensland Government Treasury. AIGR, (University of Western Sydney; 2001).

19. Charles Livingstone and Richard Woolley, "Risky Business: A Few Provocations On The Regulation Of Electronic Gaming Machines" (2007) 7(3) International Gambling Studies, 361–76.
Productivity Commission. Gambling. Canberra: Australian Productivity Commission; 2010.
Simon Planzer, Heather M. Gray and Howard J. Shaffer, "Associations Between National Gambling Policies And Disordered Gambling Prevalence Rates Within Europe" (2014) 37(2) International Journal of Law and Psychiatry,

21. Productivity Commission. Gambling
Productivity Commission. Gambling. Canberra: Australian Productivity Commission; 2010.

22. The NSW Court of Appeal in Reynolds found that economic loss occasioned by gambling should not be accepted as a form of loss for which the law permits recovery, except in ‘exceptional circumstances’.
Sarah Hinchcliffe, (2008), ‘Gambling — An Update on Duty of Care in Victoria’, 5 Macquarie Journal of Business,
Reynolds (2001) 53 NSWLR 43, 45 per Spigelman CJ.

23. In that case it was advised that a duty of care should not be recognised as the loss occurred following a ‘deliberate and voluntary act on the part of the person to be protected’.[1]
[1] Reynolds (2001) 53 NSWLR 43, 46 per Spigelman CJ

24. However given EGMs are proven to effectively deprive players of ability of a gambler to exercise control over their own actions, this leaves open the possibility that the latest findings on EGM effect creates an “extraordinary case”.

25. In Foroughi v Star City Pty Limited, [30] Wood CJ acknowledged that Court has a role in not stifling the development of negligence tort, ‘merely because no category of case of this kind has been recognized in this country’.[1] [1] Foroughi v Star City Pty Limited (2007) 163 FCR 131.

26. As the definition of “extraordinary” is not yet clear in relation to duty owed to those experiencing gambling disorders, it is entirely possible a claim of negligence occasioning psychiatric harm could be a successful vehicle for desperately needed reform.

27. Regardless of whether a duty is owed for economic loss, psychiatric harm caused by EGMs is a strong contender for eliciting duty. While the risk of losing in a game of chance is an ‘obvious risk’ as per s31(1) Civil Liability Act, the risk of losing one’s mental functioning is not, at least not to the average person.

28. The creation, and continued use of design elements that cause addiction are conduct amounting to victimisation, exploitation, and are unconscionable.[1]
[1] Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 at 462 per Justice Mason.

29. Also genuine psychiatric harm caused by EGMs will be distinguished from Kakavas, as Mr Kakavas did not suffer from a continually operating compulsion to return to the casino.[1]
[1] Kakavas v Crown Melbourne Ltd [2013] HCA 25 at [23]-[29]

30. Equitable intervention is required, as our friends and family can prove they suffer from gambling disorder, that it seriously affects their ability to make a rational judgment as to his or her own best interests; and given the excessive proof of a predatory state of mind on the part of the Gaming Machine industry.