Hellenic Club Cleared of Problem Gambling Breaches Despite Couple's $345,000 Loss

The Hellenic Club of Canberra has been cleared of breaches of failing to record the problem gambling of a couple, despite the pair spending up to 150 days a year at the club and losing at least $345,000 on poker machines at the site.

At a time the couple was facing debts, Raimo Kasurinen — who was known as Ray — died by suicide in March 2020.

His son-in-law, David Chambers, said the financial losses have also been a problem for Ray's wife, Marlene, as she battled severe health issues.

"Marlene's currently in hospital at the moment, she doesn't have enough money to feed herself or keep herself healthy or buy medication," Mr Chambers said.

The Hellenic Club of Canberra was fined $1.2 million by the Racing and Gaming Commission in December 2024, for failure to record "problem gambling incidents" involving the Kasurinens on 28 specified dates.

The club chose to fight the fines in the ACT Civil and Administrative Tribunal (ACAT).

ACAT found it had not breached gaming regulations for not recording problem gaming incidents as none of the current or former employees "said that they were aware of any signs of problem gambling".

But the Hellenic Club was found to have breached the regulation preventing gambling machine players from withdrawing more than $200 cash via an EFTPOS machine at once.

ACAT said there had been 45 instances of Mrs Kasurinen doing that, at times taking out up to $1,400 in seven instalments over two hours.

Couple lost at least $345,000 on poker machines

The Kasurinens began attending the Hellenic Club in 2008, having dinner there one to two times per week.

The ACAT report said Mrs Kasurinen's brother died in 2014, and in 2015 they discovered their Duffy home was a Mr Fluffy house, so they had to sell it to the ACT government.

The couple found it very distressing to lose the centre of their family and social life.

Mrs Kasurinen said "everything hit her all at once" in 2017, and during that year the couple started to go to the club more than three times a week.

The ACAT report said their dinner and a drink was often paid for by the club and the couple would play the gaming machines late into the evening and early morning, sometimes staying until the club closed at 4am.

Mrs Kasurinen's evidence was that she and her husband were often greeted by staff members, who knew them by name, with a hug and a compliment and she felt she was part of a community.

In 2017, Mrs Kasurinen attended the club on 150 days and her husband visited on 119 days. Mrs Kasurinen also spent 100 days or more at the club in 2016, and in 2018.

ACAT reported that the couple lost $345,000 on the poker machines, but that figure only recorded when they used their membership cards in the machine.

Mrs Kasurinen said she used the membership card about 40 per cent of the time she used the machines.

Club staff not 'aware of any signs of problem gambling'

Despite the Kasurinens' high losses, the Hellenic Club was cleared of breaches for not reporting the couple's problem gambling.

The relevant clause in the ACT's gambling code of practice says that the club must enter certain matters in a register within three days of "becoming aware of" a problem gambling incident.

However, ACAT found that not one of the Hellenic Club's employees or former employees who gave evidence "said that they were aware of any signs of problem gambling" in regards to the Kasurinens, so the club was cleared of the breach.

The report found the employees were "genuine" in attempts to discern problem gambling, but were "misdirected" in their efforts.

ACAT said there were two reasons for that. Firstly, because the "net effect of their training was that they were ignorant of most of the behaviours they were supposed to be looking for".

Secondly, because things the couple said to staff had led them to believe the Kasurinens were financially well off and could afford the gambling.

ACAT also found none of the employees had "more than the vaguest of recollections" of a 32 item gambling behaviour checklist that was used in their training program for the Responsible Conduct of Gambling (RCG) certificates.

Since 2014, the ACT's gambling code of practice has required all club staff to have an RCG certificate.

Hellenic Club CEO Ian Cameron welcomed ACAT's findings on the matter which he said "support the club's longstanding position in relation to the allegations".

"Throughout this process, the club has maintained that it takes its responsibilities around responsible gambling seriously and has always sought to provide a safe and supportive environment for its members," Mr Cameron said.

ACAT decision 'will save lives'

The Hellenic Club was found by ACAT to be in breach of regulations around the Kasurinens' withdrawal of cash via EFTPOS machines at the club.

Gaming regulations prohibit EFTPOS "cash withdrawals" totalling more than $200, but ACAT found Mrs Kasurinen was allowed to withdraw cash that exceeded that amount on 45 occasions.

On one night in December 2017 she was allowed to make two withdrawals of $200 shortly after midnight, another three withdrawals half an hour later, and another withdrawal before 2am.

It meant she withdrew $1,400 in less than two hours.

The Hellenic Club argued that as long as each $200 transaction was completed both physically and electronically before the next was commenced, then each transaction was a separate withdrawal and therefore not a breach of regulations.

ACAT rejected that submission.

Mr Chambers said the Kasurinen family welcomed ACAT's decision, and believed the ruling could have a huge impact.

"In our situation, Ray and Marlene were allowed to swipe their card five times in quick succession and receive up to $1,000 in a single transaction that allowed them to keep gambling in defiance of the law," he said.

"The tribunal will finally stop this from happening.

ACAT will resume hearings for the case in November, which will feature submissions as to what new fine should be imposed on the club given that one of the two breaches has been ruled out.