Harness Racing Act 2009

HRNSW must appoint suitably qualified persons to be members of the Appeal Panel.

A member of HRNSW cannot be a member of the Appeal Panel.

HRNSW must, subject to this section, decide the qualifications and disqualifications for membership of the Appeal Panel.

In making its decision, HRNSW must consider the need to minimise conflicts of interest, including conflicts arising from a person’s—

ownership of a harness racing horse, or

professional involvement in race preparation, or

professional or commercial dealings with a person who holds a registration under this Act.

At least 1 member of the Appeal Panel must be an Australian lawyer of at least 7 years standing.

A person is not eligible to be appointed as a member of the Appeal Panel if the person—

holds a registration under this Act, or

is currently warned off or disqualified, or

is a person whose name is currently on the Unpaid Forfeits List, under the Australian Harness Racing Rules, or

during the previous 10 years has been convicted—

in New South Wales of an offence which is punishable by imprisonment for 12 months or more, or

in another jurisdiction of an offence which, if committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more, or

is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or

is a mentally incapacitated person.

A member of the Appeal Panel holds office for 4 years from appointment and is eligible, if otherwise qualified, to be reappointed.

The office of a member of the Appeal Panel becomes vacant if the member—

dies, or

completes a term of office and is not reappointed, or

resigns the office by written instrument addressed to HRNSW, or

is removed from office under subsection (9), or

becomes a person who is not eligible to be a member of the Appeal Panel.

The Minister may, on the recommendation of HRNSW, remove a member of the Appeal Panel from office for incapacity, incompetence or misbehaviour.