Joker Poker is a game consisting of a normal pack of 52 playing cards with one joker, placed face down on a board, and may be played in a variety of ways and variations (for example, ‘Chase the Ace’).
Typically, participants are entered into a draw and a person is selected at random to choose one of the playing cards. If the joker is turned over, the player wins the prize. If the selected card is not the joker, the prize jackpots to a future draw, where the process is repeated.
The features of any Joker Poker game, such as whether fees are charged, how prizes are funded and how draws occur, will determine whether the activity falls within the definition of gambling and whether it may be conducted lawfully under Victorian law.
Authorised and unauthorised gambling
Activities such as Joker Poker may be lawful or unlawful depending on how they are structured.
Under the Gambling Regulation Act 2003(opens in a new window) (the Act), an activity may broadly be considered gambling where it involves all of the following:
- A prize of money or something else of value is offered or can be won
- A person paying or staking money or something else of value to participate
- The outcome involves an element of chance (even if influenced by skill)
Gambling is only permitted where it is authorised and conducted under the Act or any other relevant gambling legislation.
A person may commit an offence if they organise, manage, or promote unauthorised gambling activities.
An example of Joker Poker that would not amount to unauthorised gambling is one that consists of the following:
- Patrons enter Joker Poker without paying an entry fee or a management fee to the venue
- Patrons may pay an amount that contributes to the jackpot; however, all contributed monies in the jackpot must be paid to the winner
- Each player has the same chance of winning
The venue does not raise money from the conduct of the Joker Poker game.
Whether a Joker Poker game amounts to unauthorised gambling will depend on its specific features and how it is conducted. Venues should ensure they are familiar with relevant gambling legislation before conducting Joker Poker games.
Disclaimer
This information is a general guide only and does not constitute legal advice or approval of any specific activity.
If you intend to operate Joker Poker or any similar activity in Victoria, you should first seek independent legal advice regarding the legality of that activity.
Example of Joker Poker board
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