Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Racing Appeals Tribunal Act 1983.
KEVIN GREENE, MPMinister for Gaming and Racing
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Racing Appeals Tribunal Regulation 2010.
2 Commencement
This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website.Note—This Regulation replaces the Racing Appeals Tribunal Regulation 2004 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:Secretary means:(a) in respect of an appeal relating to thoroughbred racing:(i) the Chief Executive of Racing NSW, or(ii) an officer of Racing NSW, or an officer of a Department administered by the Minister, designated by the Minister as Secretary of the Tribunal with respect to thoroughbred racing, or(b) in respect of an appeal relating to greyhound racing:(i) the Chief Executive of GRNSW, or(ii) an officer of GRNSW, or an officer of a Department administered by the Minister, designated by the Minister as Secretary of the Tribunal with respect to greyhound racing, or(c) in respect of an appeal relating to harness racing:(i) the Chief Executive of HRNSW, or(ii) an officer of HRNSW, or an officer of a Department administered by the Minister, designated by the Minister as Secretary of the Tribunal with respect to harness racing.the Act means the Racing Appeals Tribunal Act 1983.the rules means:(a) in respect of an appeal relating to thoroughbred racing—the Rules of Racing under the Thoroughbred Racing Act 1996, or(b) in respect of an appeal relating to greyhound racing—the rules made under Division 2 of Part 3 of the Greyhound Racing Act 2009, or(c) in respect of an appeal relating to harness racing—the rules made under Division 2 of Part 3 of the Harness Racing Act 2009.(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Appeals to Tribunal
Division 1 Preliminary
4 Appeals to Tribunal
Appeals to the Tribunal under the Act are to be made in accordance with this Part.
Division 2 Appeals relating to thoroughbred racing
5 Decisions from which an appeal lies to Tribunal
(1) In the case of an appeal made under section 15 (1) (a), (b) or (c) of the Act, an appeal may be made to the Tribunal only in respect of a decision:(a) to disqualify or warn off a person, or(b) to suspend for a period of 3 months or more any licence, right or privilege granted under the rules, or(c) to revoke the licence of any person under the rules, or(d) to impose on any person a fine of $2,000 or more, or(e) to disqualify a horse, if the disqualification is made in conjunction with the imposition of a penalty on the appellant or any other person.(2) In the case of an appeal made under section 15 (1) (d) of the Act, an appeal may be made to the Tribunal only in respect of a decision:(a) to disqualify or warn off a person, or(b) to suspend any licence, right or privilege granted under the rules, or(c) to revoke the licence of any person under the rules, or(d) to impose on any person a fine of $200 or more, or(e) to disqualify a horse, if the disqualification is made in conjunction with the imposition of a penalty on the appellant or any other person.(3) A reference in this clause to a person does not include a reference to a racing club.(4) Expressions used in this clause have the meanings given to them in the rules.
6 Procedure for appeals (other than appeals by Racing NSW)
(1) An appeal under section 15 (1) of the Act is to be initiated by the lodging of a written notice of appeal with the Secretary:(a) in the case of an appeal made under section 15 (1) (a), (b) or (d) of the Act—within 7 days of the date on which the appellant is notified of the decision appealed against, or(b) in the case of an appeal made under section 15 (1) (c) of the Act—at any time after the expiration of 28 days after the appeal to the Appeal Panel or racing association is lodged.(2) The Secretary is, on receiving a notice of appeal under section 15 (1) of the Act:(a) to forward notice of the appeal to the Tribunal, and(b) to serve on the appellant a transcript of the evidence taken at the hearing or inquiry in respect of the decision appealed against.(3) Within 7 days of receiving the transcript of evidence, the appellant is to lodge with the Secretary a written notice of the grounds of appeal. The appeal is to be limited to those grounds, except by leave of the Tribunal.(4) On receiving notice of the grounds of appeal, the Secretary is to forward a copy of the notice to the Tribunal along with a transcript of the evidence taken at the hearing in respect of the decision appealed against.
7 Procedure for appeals by Racing NSW
(1) An appeal under section 15 (2) of the Act is to be initiated by the lodging of a written notice of appeal with the Tribunal:(a) in the case of an appeal made under section 15 (2) (a) or (b) of the Act—within 2 months of the date on which the decision to be appealed against is made, or(b) in the case of an appeal made under section 15 (2) (c) of the Act—at any time after the expiration of 2 months after the appeal to the Appeal Panel or racing association is lodged.(2) A notice of appeal under subclause (1) is to include the grounds of appeal and a transcript of the evidence taken at the hearing in respect of the decision appealed against.(3) The Secretary, on lodging a notice of appeal with the Tribunal, is to serve on the respondent:(a) notice of the appeal, and(b) notice of the grounds of appeal, and(c) a transcript of the evidence taken at the hearing in respect of the decision appealed against.
8 Fees
(1) A notice of appeal, other than an appeal by Racing NSW, must be accompanied by a fee of $250 when it is lodged.(2) The fee may be paid at a later time with the consent of the Tribunal.(3) On the determination or withdrawal of the appeal, the Tribunal may, if it thinks fit, direct that the fee (or part of the fee) is to be repaid to the appellant.
Division 3 Appeals relating to greyhound racing or harness racing
9 Decisions from which an appeal lies to Tribunal
(1) In the case of an appeal made under section 15A or 15B of the Act, an appeal may be made to the Tribunal only in respect of a decision:(a) to disqualify or warn off a person, or(b) to cancel the registration of, or to refuse to register, a person, or(c) to cancel the registration of, or to refuse to register:(i) a greyhound (including registration of a greyhound as a sire and registration of a litter of greyhounds), or(ii) a harness racing horse, or(d) to fine a person an amount of $200 or more, or(e) to disqualify a greyhound, if the disqualification is made in conjunction with the imposition of a penalty on the appellant or any other person, or(f) to disqualify any horse from participating in harness racing, if the disqualification is made in conjunction with the imposition of a penalty on the appellant or any other person, or(g) to suspend any licence, right or privilege granted under the rules, or(h) to reduce in grade a driver for a period of 4 weeks or more, or(i) to place an endorsement on the registration certificate of a greyhound for marring or failing to pursue the lure, that gives rise to a suspension of the greyhound for a period of more than 4 weeks.(2) Expressions used in this clause have the meanings given to them in the rules.
10 Procedure for appeals
(1) An appeal under section 15A or 15B of the Act is to be initiated by the lodging of a written notice of appeal with the Secretary within 7 days of the date on which the appellant is notified of the decision appealed against.(2) The Secretary is, on receiving a notice of appeal:(a) to forward notice of it to the Tribunal, and(b) if the appeal is in relation to greyhound racing and if the placing of any greyhound may be affected by the result of the appeal, to give a copy of the notice of the appeal to the owner of the greyhound (if the owner is not the appellant) and to the greyhound racing club concerned, and(c) if the appeal is in relation to harness racing and if the placing of any horse may be affected by the result of the appeal, to give a copy of the notice of the appeal to the owner of the horse (if the owner is not the appellant) and to the harness racing club concerned, and(d) to serve on the appellant a transcript of the evidence taken at the hearing in respect of the decision appealed against.(3) Within 7 days of receiving the transcript of evidence, the appellant is to lodge with the Secretary a written notice of the grounds of appeal. The appeal is limited to those grounds, except by leave of the Tribunal.(4) On receiving notice of the grounds of appeal, the Secretary is to forward a copy of the notice to the Tribunal along with a transcript of the evidence taken at the hearing in respect of the decision appealed against.
11 Fees
(1) A notice of appeal to the Tribunal must be accompanied by a fee of $250 when it is lodged.(2) The fee may be paid at a later time with the consent of the Tribunal.(3) On the determination or withdrawal of the appeal, the Tribunal may, if it thinks fit, direct that the fee (or part of the fee) is to be repaid to the appellant.
Division 4 Appeals generally
12 Hearing of an appeal
(1) The date, time and place for the hearing of an appeal is to be fixed by the Tribunal. The Secretary is to give at least 7 days’ written notice of the date, time and place to the appellant and to such other persons as the Tribunal thinks fit.(2) The Tribunal is to commence the hearing of an appeal as soon as practicable within 28 days of the lodging of the notice of the grounds of appeal.(3) The Tribunal may, in a particular case, extend any period of time specified in this clause if in its opinion the circumstances of the case so require.
13 Expedited hearing
(1) If the Tribunal is of the opinion that an appeal should be heard and determined as a matter of urgency, the Tribunal may, by order made with the concurrence of the appellant:(a) dispense with the requirement for a transcript of the evidence taken at the hearing in respect of the decision appealed against to be served on the appellant and forwarded to the Tribunal, and(b) shorten the period of notice fixed under clause 12 (1).(2) If such an order is made:(a) the Tribunal may rely on such evidence as is available to it concerning the hearing in respect of the decision appealed against, and(b) the appellant must lodge a notice of the grounds of appeal in such manner and within such time as the Tribunal directs. The appeal is to be limited to the grounds specified in that notice, except by leave of the Tribunal.
14 Suspension or variation of decision pending determination
(1) The Tribunal may, on written application by an appellant lodged with the Secretary, order that the decision appealed against:(a) is not to be carried into effect, orpending the determination of the appeal. Any such order has effect for the period it is in force.(b) is to be carried into effect only to the extent specified in the order,(2) The Tribunal may, in making any such order, impose conditions. The order is taken not to be in force for any period during which any such condition is not complied with.(3) An order remains in force until it is revoked by further order by the Tribunal or the appeal to which it relates is dismissed, determined or withdrawn (whichever happens first).
15 Withdrawal of appeal
An appeal duly lodged may not be withdrawn except with the leave of the Tribunal. In granting such leave, the Tribunal may impose such conditions as to the payment of costs or otherwise as it thinks fit.
16 Evidence on appeal
(1) The Tribunal, when hearing an appeal, is not bound by the rules of, or practice as to, evidence but may inform itself of any matter in such manner as it thinks fit.(2) The Tribunal may require a witness to be examined on oath or affirmation, or may require evidence to be proven by a statutory declaration.
17 Hearings in absence of a party and representation
(1) The Tribunal may hear an appeal in the absence of a party to the appeal.(2) The Tribunal may grant leave for each party to be represented by a lawyer or agent at the hearing.
18 Conduct of appeal
The Tribunal may, subject to the Act and this Part, direct the manner in which any appeal before it is to be conducted.
19 Costs
(1) On determining an appeal, the Tribunal may make such orders as it thinks fit as to the payment of costs (including the payment of costs in respect of the hearing by the Appeal Panel, Racing NSW, GRNSW, HRNSW, a racing association, a greyhound racing club or a harness racing club of the decision appealed against).(2) On service on a party to an appeal of an order for the payment of costs, the amount of costs specified in the order:(a) is payable by the party to the person specified in the order as the person to whom the costs are to be paid, and(b) may be recovered as a debt in a court of competent jurisdiction.
Part 3 Miscellaneous
20 Attendance of interested parties
In the case of an appeal under clauses 5 (1) (e) or (2) (e) or 9 (1) (e) or (f), a person who may be affected (whether or not adversely) by the decision of the Tribunal on the appeal may, with the leave of the Tribunal:(a) appear and make submissions before the Tribunal in relation to the appeal, and(b) in accordance with the Act and clause 16, adduce evidence.
21 False statements and contempt
A person appearing before the Tribunal in connection with an appeal must not:(a) knowingly make a statement that is false or misleading in a material respect, or(b) say or do anything that is likely to bring the Tribunal into contempt.Maximum penalty: 5 penalty units.
22 Savings and transitional
(1) Any act, matter or thing that, immediately before the repeal of the Racing Appeals Tribunal Regulation 2004, had effect under that Regulation continues to have effect under this Regulation.(2) An appeal that was made in relation to greyhound racing or harness racing before the commencement of this Regulation and that has not been finally determined by the Tribunal is to be dealt with as if this Regulation had not been made.Note—Clause 7 of Schedule 1 to the Act provides for such an appeal to be dealt with under the repealed Greyhound and Harness Racing Administration (Appeals) Regulation 2004.