NSW Introduces Code of Practice for Facial Recognition in Gambling Venues
New South Wales has approved a code of practice to guide the voluntary use of facial recognition technology in pubs and clubs with gaming machines, as part of a broader effort to reduce gambling harm. The code sets minimum expectations for venues that already use the technology and prepares the sector for future legislative changes linked to a statewide exclusion register. Details of the code are published by the NSW Government and outlined in the original ministerial release.
The code of practice has been approved by the Minister for Gaming and Racing under section 48 of the Gaming Machines Act 2001. It focuses on the responsible deployment of biometric systems in venues, recognising the sensitivity of facial data and the need for consistent safeguards across the hospitality and gaming sector.
Guidance for the use of facial recognition technology
The guidance applies to hotels and clubs with gaming machines that choose to operate facial recognition systems. Its primary purpose is to support the identification of patrons who are subject to exclusion orders, while also assisting venues to meet privacy and data protection obligations.
According to the government, the technology is intended to help enforce statewide exclusions once the exclusion register becomes operational. It is also expected to play a role in reducing opportunities for money laundering in NSW pubs and clubs.
Consultation and privacy considerations
The code was developed following consultation with a wide range of stakeholders, including gambling harm advocates, health experts, industry representatives, technology providers and government agencies. Input was also sought from the Office of the Australian Information Commissioner and the NSW Privacy Commissioner.
This consultation process reflects the government’s emphasis on managing the risks associated with biometric data, particularly in public venues. The code is positioned as a practical tool to help venues navigate legal and ethical considerations while implementing new technologies.
Part of a wider gambling harm reform agenda
The facial recognition code sits alongside a package of evidence-based gambling reforms being pursued by the Minns Labor Government. These measures are designed to reduce harm while reshaping how gaming machines operate across the state.
Key reforms include the removal of exemptions that allowed gaming machines to operate during shutdown hours, with more than 600 venues required to cease gaming machine operation between 4am and 10am by 31 March 2026. Other changes include lowering the cash input limit on new gaming machines from A$5,000 to A$500 and reducing the statewide cap on gaming machine entitlements through annual forfeitures.
Additional measures cover restrictions on political donations from clubs with electronic gaming machines, bans on certain gambling-related signage and advertising, and new requirements for Responsible Gambling Officers, gaming plans of management and gambling incident registers.
Ministerial perspective
“I’m pleased to launch a NSW-first code of practice for venues operating facial recognition technology to help pubs and clubs negotiate the complex landscape to best support the identification of excluded patrons.” — David Harris, Minister for Gaming and Racing, NSW Government
“The Minns Labor Government takes gambling harm minimisation seriously and while the Coalition sat on their hands during their 12 years in government, we are continuing to work with industry to develop new and innovative measures to minimise patrons’ harm.” — David Harris, Minister for Gaming and Racing, NSW Government
The government has stated it will continue to work with industry and regulators to ensure venues can meet the requirements of the code, while preparing for potential future mandates linked to the statewide exclusion register.
