Showing the door: identification and removal of self-excluded problem gamblers in Australia

A key aspect of self-exclusion programs for problem gamblers in Australia and the United States is the signing of a deed, embodying the aspirations and obligations of a self-identified problem gambler who wishes to exclude himself or herself from nominated gaming areas. A central aspect of this deed, and the legal issues more generally, is the issue of forcible removal from the premises identified in the instrument. This question is at the heart of enforcement of the expectations and aspirations of self-exclusion programs. In legal terms the issue is an old one, sitting within the law of trespass, assault and battery. In practical terms, the issue affects the key stakeholders in self-exclusion schemes: the gaming establishment, its staff and the self-excluded problem gambler. This paper examines the concept of ‘reasonable force’ in the removal of the problem gambler from nominated premises.