Harness Racing Act 2009

An appeal to the Appeal Panel is to be conducted as a new hearing.

Fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision appealed against was made, may be given on the appeal.

The Appeal Panel may, subject to this Act and the rules, decide its own procedure.

On an appeal, the Appeal Panel—

is not required to act formally, and

may inform itself on a matter in a way it considers to be just and is not bound by the rules of evidence, and

must make its decision on the merits and justice of the case and is not required to follow legal precedent.

The Appeal Panel is to sit as in open court when hearing the appeal but may sit in private if the Appeal Panel considers it necessary to do so in the public interest or to protect the safety of a person.

In the exercise of the Appeal Panel’s functions on an appeal—

the convenor of the Appeal Panel has the powers, authorities, protections and immunities conferred by the Royal Commissions Act 1923 on a Commissioner appointed under that Act, Part 2, Division 1, and

the Royal Commissions Act 1923, except section 13 and Part 2, Division 2, applies, with any necessary modifications, to a witness summoned by, or appearing before, the Appeal Panel.