Racing Act 1958

The functions of the Racing Integrity Commissioner are to—

conduct annual audits of the internal integrity processes and systems, in whole or in part, of each controlling body in areas identified—

by the Racing Integrity Commissioner; or

by the Racing Integrity Commissioner in consultation with each controlling body; or

by the Integrity Board; or

by the Racing Integrity Commissioner in consultation with the Integrity Board;

conduct audits outside the subject matter of the annual audit if a controlling body requests that such an audit be conducted;

conduct audits of the internal animal welfare processes and systems of each controlling body to the extent that they relate to integrity in racing;

investigate complaints made about the integrity processes and systems of a controlling body;

refer complaints to—

if the complaint relates to a criminal matter, Victoria Police;

if the complaint appears to involve corrupt conduct, the IBAC, unless it appears to involve corrupt conduct of the IBAC or IBAC personnel;

if the complaint relates to an alleged or apparent contravention of the rules of a controlling body, the relevant controlling body;

if the complaint relates to an alleged or apparent contravention of the Gambling Regulation Act 2003, the Commission;

if the complaint relates to an alleged or apparent contravention of any Act or subordinate instrument in connection with the integrity of racing, the relevant government agency;

if the complaint relates to an internal integrity matter, the Integrity Board;

if the complaint relates to the animal welfare processes and systems of a controlling body, the relevant government agency;

investigate matters referred by the Minister, the Integrity Board or a controlling body;

investigate public interest complaints that relate to the conduct of a controlling body or an employee, officer or member of a controlling body;

report the findings of any investigations conducted into complaints that have not been referred to other bodies to—

the person that made the complaint; and

with or without identifying the person that made the complaint or the person that is the subject of the complaint, the Minister, the Integrity Board or the relevant controlling body (as the Racing Integrity Commissioner considers appropriate);

conduct own motion inquiries that do not relate to any specific complaint and may include an investigation into systemic issues in racing;

make recommendations (if appropriate) following the investigation of any complaint, inquiry or matter to (as the Racing Integrity Commissioner considers appropriate)—

the Minister; or

the Integrity Board; or

the relevant controlling body;

direct the Victorian Racing Tribunal to hear and determine an appeal made by a person against a penalty imposed on the person under the rules of a controlling body if—

the penalty imposed is a fine of not more than $250; and

the Racing Integrity Commissioner considers that it is in the public interest for the appeal to be heard;

perform any other functions conferred on the Racing Integrity Commissioner under this Act.

The Racing Integrity Commissioner may advise the Minister of any failure by a controlling body to implement or act on a recommendation made by the Racing Integrity Commissioner to that controlling body under subsection (1)(h) if—

before advising the Minister, the Racing Integrity Commissioner notifies the controlling body of the Commissioner's intention to advise the Minister of the failure by the controlling body to implement or act on the recommendation; and

the Racing Integrity Commissioner advises the controlling body that the controlling body may, within 14 days of receiving the notification made under paragraph (a), respond in writing to the Commissioner in respect of that notification.

The Racing Integrity Commissioner must provide the Minister with any written response made by the controlling body under subsection (2)(b).

Subsection (1)(d)(ia) does not apply to a matter that is the subject of a complaint or notification referred to the Racing Integrity Commissioner by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011.

If the Racing Integrity Commissioner refers a complaint under subsection (1)(d)(ia), the Racing Integrity Commissioner must—

cease his or her investigation of the referred complaint; and

provide the IBAC with any evidence that the Integrity Commissioner has in his or her possession or control in relation to that referred complaint; and

cooperate with the IBAC and ensure his or her staff provide all reasonable assistance requested by the IBAC in relation to that complaint.