New South Wales’ (NSW) Labor Government has announced major changes to the state’s gaming machine laws.
From 31 March 2026, venues will no longer be able to use exemptions to circumvent a mandatory shutdown period for gaming machines, commonly known as pokies, between 4am and 10am.
Previously, over 670 venues had been allowed to operate outside these hours through one of three exemptions.
These were: a three-hour shutdown on weekends and public holidays for venues in tourism and entertainment areas, a three-hour shutdown for venues experiencing financial hardship, and shutdown variations for venues with a history of opening early.
The changes were led by the NSW Minister for Gaming and Racing, David Harris, who stated: “Following months of review, it is clear the 20-year-old variations enabling more than 670 clubs and pubs with gaming machines to operate outside of the mandated hours were no longer fit for purpose.
“So I have acted to revoke these variations and update the application process, in a phased way, so that venues can still make their case to vary their hours.”
Intensifying pressure
The decision has been taken by the NSW Government, led by Premier Chris Minns, following continued pressure from opposition parties.
In October, Australia’s Green Party launched a scathing attack on NSW’s leaders, accusing them of allowing the gambling industry to dictate policy in the state.
The party’s Gambling Harm Reduction Spokesperson, Cate Faehrmann, also lambasted Minns for failing to act on the recommendations made by a NSW Government-commissioned report – which Harris has since cited as a driving factor behind the changes.
The state-funded research showed that pokies players were significantly more likely to experience harm after midnight.
However, the report also revealed that many venues were operating under exemptions that no longer met the criteria, and that their status had not been reviewed since they were granted.
It also noted that between June and November 2023, three club venues with a hardship variation were ranked in the top ten for net gaming machine profit.
The majority of venues operating with an exemption still observe a six-hour shutdown period, but close earlier in the evening and open earlier, for example, between 2 am and 8 am.
The report described the original hardship variation as “no longer valid or relevant” and found the “early opener” criteria to be “overly inclusive”.
“The NSW Government will continue to deliver evidence-based reforms to ensure we are striking the balance of addressing gambling harm while supporting an industry that contributes billions to the NSW economy and employs more than 150,000 people,” added Harris.
Clubs and pubs that believe they have a strong case for the exemptions to remain will be able to appeal the decision before 31 March, but must meet tougher conditions that have yet to be announced by the state’s independent regulator.
