Racing Appeals Tribunal Regulation 2024

This regulation is the Racing Appeals Tribunal Regulation 2024.

This regulation commences on the day on which it is published on the NSW legislation website.

Note—

This regulation repeals and replaces the Racing Appeals Tribunal Regulation 2015, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

approved form means the form approved by the Tribunal.

Secretary means—

for an appeal against a decision specified in the Act, section 15—a member of staff of either of the following who is designated by the Minister as Secretary of the Tribunal for appeals relating to thoroughbred racing—

Racing NSW,

a department that is responsible to the Minister, or

for an appeal against a decision specified in the Act, section 15A—a member of staff of either of the following who is designated by the Minister as Secretary of the Tribunal for appeals relating to greyhound racing—

the Greyhound Welfare and Integrity Commission,

a department that is responsible to the Minister, or

for an appeal against a decision specified in the Act, section 15B—a member of staff of either of the following who is designated by the Minister as Secretary of the Tribunal for appeals relating to harness racing—

HRNSW,

a department that is responsible to the Minister.

the Act means the Racing Appeals Tribunal Act 1983.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 18(2), an appeal may be made under the Act, section 15(1) or 15B(1) only in relation to a decision to—

warn off a person, or

suspend a person—

for an appeal made under the Act, section 15(1)(a)–(c) or 15B(1)(a) or (b)—for at least 3 months, or

for an appeal made under the Act, section 15(1)(d) or 15B(1)(c)—for any period, or

disqualify, or cancel or revoke the licence or registration of, a person, or

impose a fine of at least—

for an appeal made under the Act, section 15(1)(a)–(c) or 15B(1)(a) or (b)—$2,000, or

for an appeal made under the Act, section 15(1)(d) or 15B(1)(c)—$200, or

disqualify a horse, if made in conjunction with a decision to impose a penalty on the appellant or another person.

In addition to the grounds specified in subsection (1), an appeal may be made under the Act, section 15B(1)(c) in relation to a decision to—

refuse to grant an application for the registration of—

a person, or

a harness racing horse, or

cancel the registration of a harness racing horse, or

reduce, for at least 4 weeks, the grade of licence held by a driver of harness racing horses.

A word or expression used in this section has the same meaning as in the rules.

In this section—

person excludes—

a harness racing club within the meaning of the Harness Racing Act 2009, and

a race club within the meaning of the Thoroughbred Racing Act 1996.

rules—

for an appeal made under the Act, section 15(1)—means the Rules of Racing within the meaning of the Thoroughbred Racing Act 1996, and

for an appeal made under the Act, section 15B(1)—has the same meaning as in the Harness Racing Act 2009.

For the Act, section 18(1)(a), Racing NSW may appeal against a decision specified in the Act, section 15(2)(a) or (b) by lodging a notice of appeal with the Secretary within 2 months after being notified of the appellable decision.

Racing NSW may appeal against a decision specified in the Act, section 15(2)(c) by lodging a notice of appeal with the Secretary—

if the Appeal Panel or racing association failed to commence the hearing of the appeal made to it within 1 month of the appeal being lodged—not more than 3 months after the end of that month, or

if the Appeal Panel or racing association informed Racing NSW, within 1 month of the appeal being lodged, that it would not hear the appeal—within 3 months of being informed of that fact.

HRNSW may appeal against a decision specified in the Act, section 15B(1)(a) by lodging a notice of appeal with the Secretary within 7 days after being notified of the appellable decision.

HRNSW may appeal against a decision specified in the Act, section 15B(1)(b) by lodging a notice of appeal with the Secretary—

if the Appeal Panel failed to commence the hearing of the appeal made to it within 1 month of the appeal being lodged—not more than 3 months after the end of that month, or

if the Appeal Panel informed HRNSW, within 1 month of the appeal being lodged, that it would not hear the appeal—within 3 months of being informed of that fact.

The notice of appeal must be—

in the approved form, and

accompanied by a transcript of the evidence given at the hearing or inquiry to which the appellable decision relates, if available.

For the Act, section 18(1)(a), a person may appeal against a decision specified in the Act, section 15(1)(a), (b) or (d) or 15B(1)(a) or (c) by lodging a notice of appeal with the Secretary within 7 days after being notified of the appellable decision.

A person may appeal against a decision specified in the Act, section 15(1)(c) or 15B(1)(b) by lodging a notice of appeal with the Secretary—

if the Appeal Panel or racing association failed to commence the hearing of the appeal made to it within 1 month of the appeal being lodged—not more than 3 months after the end of that month, or

if the Appeal Panel or racing association informed the person, within 1 month of the appeal being lodged, that it would not hear the appeal—within 3 months of being informed of that fact.

The notice of appeal must be in the approved form.

If the decision appealed against was made as a result of a hearing or inquiry, the person may request that the Secretary give the person a transcript of the evidence given at the hearing or inquiry, if available.

The Secretary must comply with a request made under subsection (4) as soon as practicable.

The Tribunal may, on the application of a person, extend the period within which the person may lodge a notice of appeal under section 5(1) or (3) or 6(1).

An application for an extension of time for lodging a notice of appeal must be—

in the approved form, and

given to the Secretary.

The Tribunal may only grant an extension of time for lodging a notice of appeal if satisfied it is appropriate to do so because special or exceptional circumstances exist.

For the Act, section 18(1)(a), the Secretary must, as soon as practicable after receiving a notice of appeal under this part, give the respondent—

a copy of the notice of appeal, and

if the notice of appeal was lodged by Racing NSW or HRNSW—a transcript of the evidence given at the hearing or inquiry, if available.

The Secretary must, as soon as practicable after receiving a notice of appeal lodged by a person other than Racing NSW or HRNSW in relation to a decision made as a result of a hearing or inquiry, give the person a transcript of the evidence given at the hearing or inquiry, if available.

If the result of the appeal may affect the placing of a horse, the Secretary must, as soon as practicable after receiving the relevant notice of appeal, give a copy of the notice of appeal to the owner of the horse, if the owner is not the respondent.

The Secretary must give a notice of appeal or an application for an extension of time received under this part to the Tribunal as soon as practicable after receiving the notice or application.

If the notice of appeal is not accompanied by a transcript of the evidence given at the hearing or inquiry to which the appellable decision relates, the Secretary must give a transcript, if available, to the Tribunal—

when forwarding the notice of appeal under subsection (4), or

as soon as practicable after forwarding the notice of appeal.

For the Act, section 18(2), an appeal may be made under the Act, section 15A only in relation to a decision—

to refuse to grant an application for the registration of one of the following—

a person,

a greyhound, including for breeding purposes,

a litter of greyhounds,

a greyhound racing club,

a greyhound trial track, or

to impose a condition on the registration of one of the following—

a person,

a greyhound,

a greyhound racing club,

a greyhound trial track, or

to warn off a person, or

to suspend a person, or

to suspend a greyhound for more than 28 days, or

to disqualify, or cancel the registration of, a person, or

to impose a fine of at least $200, or

to suspend or cancel the registration of—

a greyhound racing club, or

a greyhound trial track, or

to cancel the registration of—

a greyhound, including for breeding purposes, or

a litter of greyhounds, or

to disqualify a greyhound, if made in conjunction with a decision to impose a penalty on the appellant or another person, or

relating to the application of a provision of the code of practice deeming greyhound housing areas used before the commencement of the code to comply with the code.

A word or expression used in this section has the same meaning as in the Greyhound Racing Act 2017 and the rules within the meaning of that Act.

For the Act, section 18(1)(a), a person may appeal against a decision specified in the Act, section 15A by lodging a notice of appeal with the Secretary within—

7 days after being notified of the appellable decision, or

a longer period granted by the Tribunal on the application of the person.

The notice of appeal must be in the approved form.

If the decision appealed against was made as a result of a hearing or inquiry, the person may request that the Secretary give the person a transcript of the evidence given at the hearing or inquiry, if available.

The Secretary must comply with a request made under subsection (3) as soon as practicable.

An application for an extension of time for lodging a notice of appeal made under subsection (1)(b) must be—

in the approved form, and

given to the Secretary.

The Tribunal may only grant an extension of time for lodging a notice of appeal under this section if satisfied it is appropriate to do so because special or exceptional circumstances exist.

For the Act, section 18(1)(a), the Secretary must, as soon as practicable after receiving a notice of appeal under this part, give the respondent—

a copy of the notice of appeal, and

if the decision appealed against was made as a result of a hearing or inquiry—a transcript of the evidence given at the hearing or inquiry, if available.

If the result of the appeal may affect the placing of a greyhound, the Secretary must, as soon as practicable after receiving the relevant notice of appeal, give a copy of the notice of appeal to the owner of the greyhound, if the owner is not the appellant.

The Secretary must give a notice of appeal or an application for an extension of time received under this part to the Tribunal as soon as practicable after receiving the notice or application.

If the decision appealed against was made as a result of a hearing or inquiry, the Secretary must give a transcript of the evidence given at the hearing or inquiry, if available, to the Tribunal—

when forwarding the notice of appeal under subsection (3), or

as soon as practicable after forwarding the notice of appeal.

For the Act, section 18(1)(a), the Tribunal may, by order, give directions relating to the conduct of an appeal that the Tribunal thinks fit.

A party to the appeal must comply with a direction given to the party.