2024 Independent Inquiry into The Star
The NICC has appointed Adam Bell SC to undertake an independent inquiry into The Star’s suitability.
The Inquiry was commissioned by the NICC under section 143(1) and 143A of the Casino Control Act 1992. It began 19 February and was initially set to run for 15 weeks with Mr Bell's report due to the NICC on 31 May.
On 20 March, Mr Bell notified the NICC that it was in the public interest to hold the majority of the hearings publicly. Mr Bell requested an extension and the NICC agreed to move the due date for the final report to 31 July 2024.
Livestream
Casino Control Act 1992 (NSW)
Royal Commissions Act 1923 (NSW)
INQUIRY UNDER SECTION 143 OF THE CASINO CONTROL ACT 1992 (NSW)
Procedural Direction: Closing Submissions
1. Closing submissions will commence on Monday 13 May 2024. For the period of the closing submissions, hearings will be conducted from 10 am to 1 pm and then from 2 pm to 4 pm, with no afternoon adjournment. There will be no hearings on Friday 17 May 2024.
2. Counsel Assisting should provide an indicative list of topics to be addressed in submissions in public hearings to the Solicitors Assisting by 5 pm on Wednesday 8 May 2024. The Solicitors Assisting will distribute this list to all persons with leave to appear and to all other persons who have been called to give evidence at public hearings of the Inquiry.
3. Closing submissions will commence with submissions from Counsel Assisting on Monday 13 May 2024, first in public hearings and then in private hearings, so will involve submissions on all topics.
4. The Inquiry will then invite closing submissions from other persons who have been given leave to appear and from any other persons who were called to give evidence at the public hearings of the Inquiry, first in public hearings and then in private hearings if necessary.
5. Closing submissions from other persons will commence not before Wednesday 15 May 2024.
6. Closing submissions will be invited first from the Manager, then from The Star Entities and then from other persons who were called to give evidence at public hearings of the Inquiry in the order in which they were first called to give evidence. Any closing submissions from Mr Cooke will be not before Monday 20 May 2024.
7. After all other persons have completed their closing submissions, the Inquiry will invite Counsel Assisting to provide closing submissions in reply, to commence not before Wednesday 22 May 2024.
8. Closing submissions may be in whatever form the person chooses, either oral or in writing or a combination of both. However any written submissions must be provided to the Solicitors Assisting by no later than 30 minutes before the time at which the person commences oral closing submissions.
9. Any person who wishes to provide written closing submissions only must provide their written submissions to the Solicitors Assisting by 5 pm on Friday 17 May 2024.
10. No written submissions received after the times specified above will be accepted or considered by the Inquiry other than in exceptional circumstances.
11. All written closing submissions ( other than submissions relating to the financial viability or suitability of The Star) which are received by the times specified above will be distributed by the Solicitors Assisting to all other persons with leave to appear and to all other persons who have given evidence at public hearings of the Inquiry. Submissions relating to the financial viability or suitability of The Star will only be distributed to The Star Entities and to the Manager.
Adam Bell SC
2 May 2024
Transcripts and recordings
Transcripts and recordings will be available around three days after each hearing.
Witness lists
- Anne Ward, Director, The Star Entertainment Group (continuing)
- Deborah Page AM, Director, The Star Entertainment Group
- Michael Issenberg, Director, The Star Entertainment Group
- Peter Hodgson, Director, The Star Entertainment Group
- Toni Thornton, Director, The Star Entertainment Group
- Elizabeth Arzadon, Managing Director, Kiel Advisory Group
- Dr Attracta Lagan, Principal, Managing Values
- Neale O’Connell, Interim Chief Financial Officer, The Star Entertainment Group
- Sebastian Hams, Partner, KordaMentha
- Scott Saunders, Chief Risk Officer, The Star Entertainment Group
- Nicola Burke, Chief Transformation Officer, The Star Entertainment Group
- David Foster, Executive Chair, The Star Entertainment Group
- Robbie Cooke, former CEO and Managing Director, The Star Entertainment Group
- Anne Ward, Director, The Star Entertainment Group
Opening Address by Counsel Assisting
Witnesses
1. Nicholas Weeks, Manager, Star Sydney
2. Christina Katsibouba, former Chief Financial Officer, The Star Entertainment Group
3. George Hughes, former Chief Customer and Product Officer, The Star Entertainment
Group
4. Betty Ivanoff, former Chief Legal Officer, The Star Entertainment Group
5. Nawal Silfani, former Company Secretary, The Star Entertainment Group
6. Dr Attracta Lagan, Principal, Managing Values
7. Ron Wagemans, Patron Liaison Manager, Star Sydney
8. Eileen Vuong, Head of Risk, Star Sydney
9. Peter Humphreys, Interim COO, Star Sydney
10. Rav Townsend, Chief Controls Officer, The Star Entertainment Group
About the Inquiry
2024 Independent Inquiry into The Star - Terms of Reference
The Star Pty Ltd
1. The suitability of The Star Pty Limited (The Star) and its close associate, The Star Entertainment Group Limited (TSEG) to be concerned in or associated with the management and operation of The Star Casino.
2. The Inquiry will have regard to:
2.1 the report and recommendations of the inquiry under the Casino Control Act 1992 (NSW) by Adam Bell SC in 2022 into The Star and its close associates (the Inquiry), and
2.2 the response of The Star and TSEG to the report and recommendations of the Inquiry.
3. The inquiry is to include consideration of:
3.1 the culture of The Star and TSEG, including risk management culture;
3.2 whether The Star has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of The Star Casino;
3.3 The Star and TSEG’s management and reporting lines;
3.4 compliance by The Star with its internal control manuals numbered 3, 11 and 12.
4. Scope of the inquiry – the period following the date of the report of the Inquiry until the conclusion of this Inquiry.
Instrument of appointment
Procedural guidelines for the public hearings
On 31 August 2022, Adam Bell SC published his review of The Star Pty Ltd (The Star), following an inquiry under the Casino Control Act 1992 (NSW) (the Bell Review). The findings included serious misconduct and compliance failures including with internal control manuals, misleading and deceptive conduct and a corporate culture that fell significantly short of what was expected. The Bell Review found that The Star was unsuitable to be concerned in or associated with the management and operation of a casino in NSW.
Following the Bell Review, the NICC suspended the Star’s licence indefinitely and appointed Nick Weeks as independent manager, to give The Star an opportunity to demonstrate that it was suitable or was capable of reaching suitability within a reasonable time. Mr Weeks was appointed for an initial 90 days; however, his term was extended twice by way of regulation. Mr Weeks was appointed with full control of the casino licence and the power to discharge the obligations of that licence.
When the manager was extended in December 2023, the NICC was not satisfied The Star was progressing its remediation in a timely fashion. The NICC decided to conduct a rigorous investigative inquiry to give The Star a chance to demonstrate its suitability or future prospects for suitability to hold a casino licence. The Inquiry will assess The Star’s commitment to its reform agenda in a fair and forensic manner, providing the NICC with the information needed to make an important decision for the casino, its employees and the community.
The manager’s term was due to expire 30 June this year, however the NICC has extended this term to 30 September 2024 to accommodate the 31 May completion date for the Inquiry. The NSW managership is a regulator appointed role, made under legislation, that can be extended and adjusted to support the NICC’s decision making and allow continued casino operations during a licence suspension or cancellation. Mr Weeks’ continued managership is essential to enable Star Sydney to remain operational while the Inquiry is conducted and the NICC considers Mr Bell’s report.
The NICC’s costs are funded through the casino supervisory levy. The casino supervisory levy is an annual fee paid directly to the NICC by NSW’s two casinos.
Contact information
To contact the Inquiry: bellinquiry@maddocks.com.au
For media enquiries: lauren.gumbs@nicc.nsw.gov.au or call 0436 942 040.
For general enquiries: office@nicc.nsw.gov.au