Racing Act 1958

Subject to this Part, the Victorian Racing Tribunal—

may, if the parties have been advised of the date, time and venue of the hearing, conduct the hearing—

in the presence of the parties or representatives of the parties; or

in the presence of only some of the parties or representatives of the parties; or

without any of the parties or representatives of the parties; and

may conduct a hearing on the case stated by the parties to the hearing; and

may conduct the re-hearing of a matter by affidavit, statutory declaration or oral evidence; and

is not required to conduct a hearing as a de novo hearing; and

may conduct a hearing in private if the Victorian Racing Tribunal considers that it is in the public interest or in the interests of justice to do so, but must otherwise hold its hearings in public; and

may review a decision that is the subject of an appeal in full including in circumstances where only part of the decision has been objected to, sought to be reviewed or appealed; and

may make interim orders; and

must act fairly and according to the substantial merits of the matter that is the subject of the hearing; and

is bound by the rules of natural justice; and

is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that it adopts those rules, practices or procedures; and

may inform itself on any matter as it sees fit; and

must conduct each hearing expeditiously and with as little formality and technicality as is reasonably possible; and

may otherwise regulate its own procedure for the hearing.

The Victorian Racing Tribunal may dismiss a matter without a hearing if the Victorian Racing Tribunal is satisfied that the matter is frivolous, vexatious, misconceived or lacking in substance.

A party to a hearing before the Victorian Racing Tribunal is entitled to be represented by an Australian lawyer or any other person.