An Act to constitute a Racing Appeals Tribunal to hear appeals from certain decisions of the Appeal Panel under the Thoroughbred Racing Board Act 1996; and for other purposes.
long title: Am 1996 No 37, Sch 2.5 [1]; 1997 No 24, Sch 2.4 [1].
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Racing Appeals Tribunal Act 1983.
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 (Repealed)
s 3: Rep 1999 No 31, Sch 5.88.
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:Appeal Panel means the Appeal Panel under the Thoroughbred Racing Board Act 1996.assessor means a person appointed as an assessor of the Tribunal under section 8A.Board means the NSW Thoroughbred Racing Board.court includes the Industrial Relations Commission of New South Wales.qualified person means a judge of any court in New South Wales, a retired judge of any court (whether or not in New South Wales) or a person qualified to be appointed as a Judge of the District Court.regulation means a regulation made under this Act.Tribunal means the Racing Appeals Tribunal constituted by this Act.(2) In this Act, a reference to:(a) a function includes a reference to a power, authority and duty, and(b) the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.s 4: Am 1985 No 35, Sch 1 (1); 1989 No 59, Sch 1 (1); 1996 No 37, Sch 2.5 [2] [3]; 1996 No 121, Sch 4.43; 1997 No 24, Sch 2.4 [2]–[4].
Part 2 Constitution of Racing Appeals Tribunal
5 Racing Appeals Tribunal
There is hereby constituted a tribunal under the name of the “Racing Appeals Tribunal”.
6 Appointment of Tribunal
The Minister may, upon the recommendation of the Attorney General, appoint a qualified person as the Tribunal.
7 Appointment of acting Tribunal
(1) The Minister may from time to time, upon the recommendation of the Attorney General, appoint:(a) a qualified person to act as the Tribunal:(i) during the illness or absence of the person appointed as the Tribunal,(ii) during a vacancy in the office of the Tribunal, or(iii) on such occasions or in respect of such appeals as the person appointed as the Tribunal directs, and(b) another qualified person to act as the Tribunal in accordance with paragraph (a) but only during the illness or absence of the person appointed to act as the Tribunal under paragraph (a).(2) A qualified person while acting as the Tribunal shall be deemed to be the Tribunal.(3) More than one sitting of the Tribunal may be held at the same time, but the person appointed as the Tribunal and a person appointed to act as the Tribunal shall not sit on the same appeal.s 7: Subst 1986 No 16, Sch 12.
8 Harness Racing Appeals Tribunal may be appointed as Tribunal
Nothing in this or any other Act prevents a person from holding office as, or acting as, the Tribunal and at the same time holding office as, or acting as, the Harness Racing Appeals Tribunal constituted by the Harness Racing New South Wales Act 1977.s 8: Am 1985 No 35, Sch 1 (2); 1996 No 90, Sch 2.11.
8A Appointment of assessors
The Minister may, for the purposes of this Act, appoint persons who, in the opinion of the Minister, have special knowledge of, and experience in, the racing industry to be assessors of the Tribunal.s 8A: Ins 1985 No 35, Sch 1 (3).
8B Functions of assessors
(1) The Tribunal may, in hearing appeals under this Act, be assisted by one or more assessors.(2) An assessor assisting the Tribunal as referred to in subsection (1) may assist and advise the Tribunal, but shall not adjudicate on any matter before the Tribunal.s 8B: Ins 1985 No 35, Sch 1 (3).
9 (Repealed)
s 9: Subst 1985 No 35, Sch 1 (4). Rep 1989 No 59, Sch 1 (2).
10 Term of office
Subject to this Act, a person appointed as:(a) the Tribunal, orshall hold office for such period, not exceeding 3 years, as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.(b) an assessor,s 10: Subst 1985 No 35, Sch 1 (4).
11 Effect of appointment of a judge as the Tribunal
(1) The appointment of a person who is a judge of any court as, or to act as, the Tribunal shall not, nor shall the person’s service as the Tribunal, affect the person’s tenure of the office of judge of that court or the person’s rank, title, status, precedence, salary or other rights or privileges as a holder of that office.(2) A judge of any court may, notwithstanding that he or she holds office as, or acts as, the Tribunal, exercise the functions of a judge of that court.(3) The service, as the Tribunal, of a judge of any court shall, for all purposes, be taken to be service as a judge of that court.s 11: Am 1985 No 35, Sch 1 (5).
12 Remuneration
A person (not being a judge of any court) holding office as, or acting as, the Tribunal and an assessor are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of each of them.s 12: Subst 1985 No 35, Sch 1 (6).
13 Vacation of office
(1) A person (being a judge of any court) holding office as the Tribunal shall be deemed to have vacated that office if the person:(a) ceases to be a judge of that court, or(b) resigns that office by instrument in writing addressed to the Minister.(2) A person (not being a judge of any court) holding office as the Tribunal or a person holding office as an assessor shall be deemed to have vacated that office if the person:(a) dies,(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,(c) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(d) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable,(e) resigns that office by instrument in writing addressed to the Minister, or(f) (Repealed)(g) is removed from office by the Minister under subsection (3).(3) The Minister may remove from office:(a) a person (not being a judge of any court) holding office as, or appointed to act as, the Tribunal, or(b) an assessor.s 13: Am 1985 No 35, Sch 1 (7); 1989 No 59, Sch 1 (3).
14 Effect of certain other Acts
(1) The Public Service Act 1979 does not apply to or in respect of the appointment of:(a) a person as, or to act as, the Tribunal, orand a person holding office as, or acting as, the Tribunal or an assessor is not, as the Tribunal or an assessor, subject to that Act.(b) an assessor,(2) The office of the Tribunal shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.s 14: Am 1985 No 35, Sch 1 (8).
Part 3 Appeals to Tribunal
15 Appeals to Tribunal
Any person who is aggrieved by:(a) a decision of the Appeal Panel:(i) on an appeal under the Thoroughbred Racing Board Act 1996, or(ii) (Repealed)(b) a decision in respect of which an appeal is made to the Appeal Panel under that Act but which the Appeal Panel neglects or refuses to hear and determine, ormay, in accordance with the regulations, appeal against the decision to the Tribunal.(c) a decision of the Board,s 15: Am 1996 No 37, Sch 2.5 [4] [5]; 1997 No 24, Sch 2.4 [5]–[7]; 1998 No 66, Sch 2 [1].
16 Appeals to be heard in open court
Proceedings on an appeal under this Act shall be held as in open court before the Tribunal.
17 Decision of Tribunal final
The decision of the Tribunal in respect of an appeal under this Act is final and conclusive and is taken to be the decision of the Appeal Panel.s 17: Subst 1996 No 37, Sch 2.5 [6].
18 Regulations respecting appeals
(1) The regulations may make provision for or with respect to appeals to the Tribunal under this Act and, in particular, for or with respect to:(a) the procedures to be followed at or in connection with any appeals under this Act,(b) the suspension of a decision appealed against under this Act pending the determination of the appeal,(c) the payment of fees and costs in respect of appeals under this Act, and(d) any matters incidental to or connected with appeals under this Act.(2) Without affecting the generality of subsection (1), the regulations may:(a) prescribe classes of matters in respect of which appeals may not be made under this Act, or(b) provide that no appeals may be made under this Act except in respect of prescribed classes of matters.
Part 4 Miscellaneous
19 Staff to assist Tribunal
(1) For the purposes of this Act, the Tribunal may, with the approval of the Minister, make use of the services of:(a) any officers or servants of the Board, or(b) any officers or temporary employees of a Department administered by the Minister.(2) The Minister may, by order in writing, direct the Board to make available for the use of the Tribunal, in such manner as may be specified in the order, the services of any officers or servants of the Board.(3) The Board shall not fail or refuse to comply with an order under subsection (2).Maximum penalty (subsection (3)): 5 penalty units.s 19: Am 1992 No 112, Sch 1; 1996 No 37, Sch 2.5 [7]–[9]; 1997 No 24, Sch 2.4 [8].
20 Expenses of Tribunal
(1) Unless the Minister otherwise determines, the expenses (including remuneration payable under section 12) incurred by the Tribunal in the exercise of the functions of the Tribunal under this Act shall be met by the Board.(2) If the Board fails to meet any expenses it is required to meet under subsection (1), the Minister may recover the amount of those expenses from the Board as a debt in any court of competent jurisdiction.s 20: Am 1997 No 24, Sch 2.4 [8].
21 (Repealed)
s 21: Rep 1985 No 35, Sch 1 (9).
22 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be taken before a Local Court constituted by a Magistrate sitting alone.s 22: Am 1985 No 35, Sch 1 (10).
23 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) A regulation may impose a penalty not exceeding 5 penalty units for any contravention thereof.(3) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, oror may do any combination of those things.(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,s 23: Am 1992 No 112, Sch 1.
24 Savings and transitional provisions
Schedule 1 has effect.s 24: Ins 1998 No 66, Sch 2 [2].
Schedule 1 Savings and transitional provisions
(Section 24)
1 Savings and transitional regulations
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the Thoroughbred Racing Board Amendment Act 1998.(2) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect on the date of assent to that Act or a later date.(3) To the extent to which a provision of a regulation authorised by this clause takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.
2 Pending appeals
The amendment made by Schedule 2 [1] to the Thoroughbred Racing Board Amendment Act 1998 applies to decisions that the Board makes before or after the commencement of that amendment, other than those in respect of which an appeal is pending immediately before the commencement.
sch 1: Ins 1998 No 66, Sch 2 [3].