Thoroughbred Racing Act 1996

This Act is the Thoroughbred Racing Act 1996.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

Appeal Panel means the Appeal Panel provided for by Part 4.

appointed member means a member of Racing NSW other than the Chief Executive.

Australian Rules of Racing means the Australian Rules of Racing as adopted by the Australian Conference of Principal Racing Clubs.

Chief Executive means the Chief Executive of Racing NSW from time to time.

eligible industry body means a body determined to be an eligible industry body for the time being under section 31(2).

exercise a function includes perform a duty.

function includes power, authority or duty.

horse racing means the racing of galloping horses as referred to in the Australian Rules of Racing.

HRNSW means Harness Racing New South Wales constituted under the Harness Racing Act 2009.

IA Committee means the Integrity Assurance Committee established under this Act.

race club includes any body or other association of persons, whether incorporated or unincorporated, that promotes, conducts or controls, or that is formed for promoting, conducting or controlling, a horse racing meeting or meetings.

racing association means an association of race clubs.

Racing NSW means Racing New South Wales.

racing official means a member of Racing NSW, the Chief Executive or a steward appointed by Racing NSW or other member of staff of Racing NSW.

RICG means the Racing Industry Consultation Group established by this Act.

Rules of Racing means the rules for the time being governing and relating to horse racing under the control of Racing NSW (being an amalgamation of the Australian Rules of Racing and the local rules of racing of Racing NSW, together with the regulations made under those rules).

Selection Panel means the Selection Panel established under section 7.

Note—

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

Notes included in this Act are explanatory notes and do not form part of this Act.

There is established by this Act a body corporate with the corporate name of Racing New South Wales.

Racing New South Wales may, in the exercise of its functions, use the name “Racing NSW”.

Racing NSW does not represent the Crown and is not subject to direction or control by or on behalf of the Government.

Racing NSW is to consist of the Chief Executive and 7 other members appointed by the Minister from time to time.

The Minister is to appoint members as follows—

except as provided by paragraph (b)—each person appointed must be selected from a recommended members list that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy or vacancies concerned,

in the case of any casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member’s term of office)—each person appointed must be selected from a list of persons recommended for appointment to fill the vacancy or vacancies concerned that is provided to the Minister by Racing NSW.

The number of persons listed in a list of persons recommended for appointment to fill any casual vacancy or vacancies must be more than the number of persons required to fill the vacancy or vacancies concerned.

Note—

See section 7(2)(c) for a comparable requirement in relation to lists provided by the Selection Panel.

A person is not eligible to be an appointed member of Racing NSW if the person—

is currently, or during the previous 12 months has been, an employee of a race club, racing association or eligible industry body, or

is currently, or during the previous 12 months has been, a member of the governing body of a race club, racing association or eligible industry body, or

holds a licence issued by Racing NSW or by a racing association, or

is registered by or with the Greyhound Welfare and Integrity Commission under the Greyhound Racing Act 2017 or HRNSW under the Harness Racing Act 2009, or

is currently, or during the previous 10 years has been, warned off, disqualified or named on the Forfeits List under the Australian Rules of Racing, or

during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, 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 person is not eligible to be appointed as a member of Racing NSW if the person is a member of the Selection Panel at the time the Selection Panel makes its recommendation for the appointment concerned.

A person is not eligible to hold office as an appointed member of Racing NSW for more than 12 years in total (whether or not involving consecutive terms of office).

The Chief Executive does not have a vote at meetings of Racing NSW.

While a person is an appointed member of Racing NSW, any entitlement of the person to vote as a member of a race club or of an eligible industry body is suspended.

The Minister is to establish a Selection Panel—

to prepare and provide to the Minister a list of persons recommended for appointment as members of Racing NSW when any vacancies arise (a recommended members list), and

to prepare and provide to the Minister a list of persons recommended for appointment as the Chairperson or Deputy Chairperson of Racing NSW when any vacancies arise, and

to recommend the terms of office for persons included in any such list.

A list provided to the Minister under this section—

must list the persons recommended for appointment and recommend terms of office for the persons listed, and

may list persons as being recommended for appointment both as members of Racing NSW and as the Chairperson or Deputy Chairperson of Racing NSW, and

must list more persons than the number of persons required to fill the vacancy or vacancies concerned.

The Selection Panel must not include a person in a recommended members list unless the Panel is satisfied that the person has experience in a senior administrative role or experience at a senior level in one or more of the fields of business, finance, law, marketing, technology, commerce, regulatory administration or regulatory enforcement.

Before including a person in a recommended members list, the Selection Panel must conduct a probity check of the person (with the level of scrutiny as determined by the Minister). The Minister is to appoint a Probity Adviser to assist the Selection Panel to conduct probity checks.

The Selection Panel is to choose between candidates for inclusion in a list to be provided under this section on the basis of merit, with merit to be determined on the basis of a candidate’s abilities, qualifications, experience and personal qualities that are relevant to the performance of the duties of membership of Racing NSW or the duties of the Chairperson or Deputy Chairperson (as the case requires).

The Selection Panel must not include a person in a recommended members list if the Panel is satisfied that the person has a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with membership of Racing NSW.

The term of office for which the Minister may appoint a person selected from a list provided under this section may (but need not) be the term of office recommended by the Selection Panel.

An appointed member of Racing NSW is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the appointment is to fill a casual vacancy.

An appointed member appointed to fill a casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member’s term of office) is to be appointed for the balance of the term of office of the member’s predecessor.

An appointed member of Racing NSW is entitled to be paid—

remuneration consisting of a base amount adjusted annually in accordance with the annual percentage increase (if any) in the Consumer Price Index occurring after the determination or redetermination of the base amount takes effect, and

allowances to reimburse the member for expenses that he or she may incur (for travel or accommodation, for example).

The Statutory and Other Offices Remuneration Tribunal may, on the application of Racing NSW, redetermine the base amount from time to time, with effect from the date of the redetermination or such later date as the Tribunal may specify.

In this section—

base amount means an amount determined for the purposes of this section by the Statutory and Other Offices Remuneration Tribunal (which determination, whenever made, is taken to be effective on the commencement of this subsection).

Consumer Price Index means the number appearing in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

It is the duty of each appointed member of Racing NSW to act in the public interest and in the interests of the horse racing industry as a whole in New South Wales.

Racing NSW must, within 3 months after the commencement of this section, adopt a code of conduct to be observed by members and staff of Racing NSW.

The code of conduct must include a statement of the duty of members of Racing NSW under sections 11 (Duty of members to act in interests of public and industry) and 21 (Disclosure of pecuniary interests by members) and the obligations of Racing NSW under section 21 in connection with disclosures under that section.

Racing NSW must review its code of conduct at least every 3 years and make such changes to it as it considers appropriate.

A matter or thing done or omitted to be done by Racing NSW, the Chief Executive, or a member of Racing NSW or the Selection Panel or any person acting under the direction of Racing NSW does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Chief Executive, the member or a person so acting personally to any action, liability, claim or demand.

If this section prevents liability attaching to a person, the liability attaches instead to Racing NSW.