1Short title
This Act may be cited as the Racing Penalties (Appeals) Act 1990.
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThis Act may be cited as the Racing Penalties (Appeals) Act 1990.
This Act shall come into operation on such day as is, or such days as are respectively, fixed by proclamation.
In this Act, unless the contrary intention appears —
bet includes wager;
bookmaker means a person holding a current licence under the Betting Control Act 1954;
Chairperson means the holder of the office of Chairperson of the Tribunal but includes a reference to a member acting as Chairperson;
determination includes a reference to a decision, order or direction;
horse includes pony;
member means the Chairperson or a person appointed by the Minister under section 6 who, in relation to any particular appeal, has been appointed by the Chairperson to sit as a member of the Tribunal in respect of that appeal;
owner, in relation to a runner which is leased, includes any person who is a lessee of that runner;
pacer means a horse which when raced is driven in harness, and includes the kind of horse commonly known as a trotter;
race means a contest in which 2 or more runners compete simultaneously one against the other or others, in a test of speed over a designated distance, course or period of time or for the purpose of providing a contingency on which bets may be made, but the term does not include —
a trial; or
except in relation to a steeple chase or other event where jumping skills are material, a contest or event in which skills other than speed alone are tested;
race meeting means a meeting for the purpose of conducting races between greyhounds or thoroughbreds or pacers;
racecourse means a place for the holding of lawful race meetings;
racing includes a reference —
to greyhound racing; and
to harness racing; and
to thoroughbred racing,
and to any race or race meeting, as the context may require;
Registrar means the Registrar of the Tribunal referred to in section 8;
runner in relation —
to greyhound racing, means a greyhound; and
to harness racing, means a pacer; and
to thoroughbred racing, means a thoroughbred;
RWWA means Racing and Wagering Western Australia established under the Racing and Wagering Western Australia Act 2003;
RWWA Act means the Racing and Wagering Western Australia Act 2003;
steward means a steward appointed under the RWWA Act;
thoroughbred means a horse which when raced is galloped and is ridden by a jockey;
trial means an event held for the purpose of testing or training runners for which no prize money or other award, gratuity or privilege of more than a nominal value is offered;
Tribunal means the Racing Penalties Appeal Tribunal of Western Australia established under section 4 and includes a reference to that Tribunal however it may be from time to time constituted under this Act.
A word or expression used in this Act has the same meaning as it has in the RWWA Act unless —
this Act gives it another meaning; or
the contrary intention appears in some other way.
[Section 3 amended: No. 11 of 1992 s. 70; No. 23 of 1998 s. 20; No. 35 of 2003 s. 180.]
There is hereby established a body which, when constituted in accordance with this Act and carrying out the functions conferred by this Act, shall be known as the Racing Penalties Appeal Tribunal of Western Australia.
The Tribunal shall have a seal of which all courts and persons acting judicially shall take judicial notice.
The Tribunal may, by arrangement made between the Chairperson and the Minister concerned, and on such terms and conditions as may be mutually arranged with that Minister and, if appropriate, with the relevant employing authority within the meaning of the Public Sector Management Act 1994, make use, either full time or part time, of —
the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in the right of the State; or
any facilities of a department of the Public Service of the State or of a State instrumentality.
The Schedule has effect with respect to the constitution of the Tribunal.
[Section 4 amended: No. 32 of 1994 s. 19.]
The Minister shall, in writing, appoint a person who is a lawyer of not less than 7 years’ standing and practice to be the Chairperson of the Tribunal.
The Minister may, in writing, appoint a member, who need not be eligible for appointment as the Chairperson under subsection (1), to act, at any time when in the opinion of the Minister it may be necessary, in the office of Chairperson of the Tribunal (either in addition to, or where the need arises by reason of the absence or any incapacity of that person in substitution for, the Chairperson appointed under subsection (1)), and when so acting a person has the powers and duties of Chairperson but if additionally appointed shall so act in accordance with any directions that may be given by the Chairperson appointed under subsection (1).
[Section 5 amended: No. 65 of 2003 s. 116; No. 21 of 2008 s. 695(2); No. 9 of 2022 s. 424.]
Where the Chairperson is of the opinion that it is practicable, a Tribunal sitting in relation to any appeal shall be constituted by not less than 3 members.
The members who are to constitute the Tribunal in relation to any appeal shall be selected by the Chairperson, who may have regard to their respective knowledge or experience relating to the code of racing in respect of which the appeal arose.
The Minister shall, by appointments in writing notified in the Gazette, establish a panel of persons who are eligible to be selected by the Chairperson to be appointed as members of a Tribunal in relation to any appeal.
A person shall not be appointed by the Minister under this section unless the Minister is satisfied that the person —
is, or would be eligible for appointment as, or has been, a magistrate; or
by virtue of practice or judicial service in another jurisdiction, in Australia or elsewhere, has qualifications and experience of a nature substantially similar to those required in a magistrate.
[Section 6 amended: No. 24 of 2000 s. 37.]
A person shall not sit as a member of a Tribunal on an appeal where the person is, or at the time when the event giving rise to the appeal occurred was, interested in —
a greyhound, where the appeal relates to greyhound racing; or
a thoroughbred, where the appeal relates to thoroughbred racing; or
a pacer, where the appeal relates to harness racing,
and any person who so sits as a member commits an offence.
Penalty: $5 000.
A person shall not sit as a member of a Tribunal on an appeal arising out of —
the running of a race; or
any matter which occurred during a race; or
a swab which was taken from a runner competing in a race,
if that person had an interest in a runner in the race, and any person who so sits as a member commits an offence.
Penalty: $5 000.
For the purposes of subsections (1) and (2) a person shall be deemed to have had an interest in a runner if that person —
at the time when the event giving rise to the appeal occurred was —
an owner or the trainer of the runner; or
an employee or agent of the owner or trainer;
or
bet on the race or matter which is the subject of the appeal, whether or not on that runner.
A Tribunal constituted in accordance with this Act may sit and exercise the jurisdiction of the Tribunal notwithstanding that a Tribunal differently constituted in accordance with this Act is at the same time sitting and exercising the jurisdiction of the Tribunal in relation to some other appeal.
Any question as to the manner in which a Tribunal shall be, or is, constituted in relation to any particular appeal may, subject to direction by the Minister, be determined by the Chairperson.
[Section 7 amended: No. 35 of 2003 s. 181.]
The Minister shall appoint a person employed under and subject to Part 3 of the Public Sector Management Act 1994 to be the Registrar and executive officer of the Tribunal.
The Registrar may exercise such functions of the Tribunal, or such functions in relation to such matters, as may in writing under the hand of the Chairperson be delegated to the Registrar but shall, if the Tribunal or the Chairperson so directs, refer any matter or thing arising in the exercise of those functions to the Tribunal for its determination.
Nothing in subsection (2) prevents the Tribunal from exercising a function referred to in that subsection.
[Section 8 amended: No. 32 of 1994 s. 19.]
For parliamentary purposes or for the proper conduct of the Minister’s public business, the Minister is entitled to have information in the possession of the Tribunal and to have and retain copies of documents requested.
For the purposes of subsection (1) the Minister may —
request the Registrar to furnish information to the Minister; and
request the Chairperson to ensure that the Minister is given access to information; and
make use of any staff or facilities available to the Tribunal to obtain the information and to furnish it to the Minister.
A request made under subsection (2) shall be complied with, and staff and facilities made available to the Minister for the purposes of that subsection.
Prior to the submission of the annual report of operations required by the Financial Management Act 2006, which shall include the text of any direction given under subsection (5), and at any other time the Minister so requests, the Chairperson shall furnish to the Minister a report on the activities of the Tribunal, during the then or preceding racing calendar year and not previously reported on, in terms of the conduct and consequence of any investigations, appeals, and other matters likely to affect the racing industry.
The Minister may give directions in writing to the Tribunal with respect to its functions and administration, either generally or with respect to a particular matter (but not in relation to the conduct of any particular appeal) and the Chairperson shall ensure that effect is given to any such direction.
For the purposes of this section —
document includes any data that is recorded or stored mechanically, photographically, or electronically and any tape, disc or other device or medium on which it is recorded or stored;
information means documents or other information relating to the functions of the Tribunal being information, as so defined, specified, or of a description specified, by the Minister; and
parliamentary purposes means the purpose of —
answering a question asked in a House of Parliament; or
complying with a written law, or an order or resolution of a House of Parliament, that requires information to be furnished to a House of Parliament.
[Section 9 amended: No. 77 of 2006 Sch. 1 cl. 143(1).]
Subject to this section the Tribunal shall, when exercising jurisdiction conferred on it in relation to any appeal, be constituted by —
the member presiding, being the Chairperson or a member whom the Chairperson has appointed as such in relation to that appeal or appeals of that kind; and
where in the opinion of the Chairperson that is practicable, not more than 2 other members appointed by the Chairperson to sit in relation to that appeal.
Subject to subsection (3), if proceedings before the Tribunal are instituted in relation to 2 or more appeals and the same or similar questions are involved the proceedings may by order of the Chairperson be consolidated, if the Chairperson considers that it would not unfairly prejudice any party and it would be otherwise expedient to conduct the proceedings together, and thereupon the Tribunal shall exercise the jurisdiction conferred in respect of each of those appeals together in the consolidated proceedings, either on the basis of the evidence given at the original hearings or by way of a new hearing, in such manner as may be specified in that order.
Where proceedings are to be consolidated under subsection (2) the Tribunal shall be constituted by —
the Chairperson, or a member appointed by the Chairperson, as the order for consolidation may provide, who shall preside; and
2 or more members appointed by the Chairperson being, so far as may be practicable, persons who —
were members of one or more of the Tribunals before which the proceedings to be consolidated were originally instituted; and
are appointed so as to take into account each of those proceedings,
and the manner in which the Tribunal can be constituted shall be taken into account by the Chairperson when determining the manner in which the consolidated proceedings are to be conducted.
Where the parties to an appeal so agree, the regulations so prescribe, or the Chairperson determines that in the circumstances it is necessary, matters in which the Tribunal has jurisdiction may be dealt with by the Tribunal constituted by the Chairperson or a member appointed to do so by the Chairperson, sitting alone.
Where the regulations so prescribe, matters in which the Tribunal has jurisdiction may be dealt with by the Tribunal constituted by the Registrar sitting alone but the Registrar may, and if the Chairperson so directs the Registrar shall, refer a particular matter or thing to the Tribunal as constituted under subsection (1), (3) or (4).
Nothing in subsection (4) or (5) prevents any matter from being dealt with by the Tribunal constituted in accordance with subsection (1) or (3), as the case requires.
Where the Chairperson in relation to a particular appeal appoints a person to be a member constituting the Tribunal for that appeal the Chairperson shall cause the appointment to be evidenced in writing under the hand of the Registrar.
The Tribunal, comprising the member or members by which it is for the time being constituted, shall —
conduct its proceedings at such times and places as are necessary to enable it to discharge its functions; and
act according to equity, good conscience and the substantial merits of the case; and
observe the principles of natural justice.
The Minister may at any time require the Chairperson to convene a meeting of the Tribunal, in relation to any matter in respect of which a notice of appeal has been lodged under this Act.
At any proceedings —
the member presiding shall determine any question relating to —
the jurisdiction of the Tribunal; and
the admissibility of evidence; and
law or procedure;
and
subject to paragraph (a), any decision of the Tribunal shall be determined by a majority vote of its members, but the member presiding shall have a casting vote in addition to a deliberative vote should the votes be otherwise equal; and
an appeal shall be heard and determined upon the evidence at the original hearing when the decision or finding appealed against was made, but, if the member presiding considers that to be proper, expert or other evidence may be required or admitted; and
the Tribunal may appoint persons to act as —
counsel; or
expert or technical advisers,
to assist the Tribunal; and
the Tribunal —
is to make a full and thorough investigation in open court, without regard to the forms, requirements or solemnities that might have been appropriate in legal proceedings; and
may inform itself on any matter in such manner as it thinks fit, and admit any evidence considered by the member presiding to be relevant notwithstanding that that evidence would not be admissible in a court of law; and
may take into account any matters relating to, or to the administration of, racing that are within the knowledge or experience of a member of the Tribunal or which have arisen in or as a result of other proceedings or appeals before a controlling authority or the Tribunal,
but may hear evidence in camera in prescribed circumstances.
The Tribunal shall cause accurate minutes to be kept of proceedings at its meetings.
Where the member presiding is of the opinion that this Act or any regulation relating to the practice or procedure of the Tribunal does not apply to a particular matter or circumstance arising before the Tribunal, the member presiding may issue such directions as that member considers appropriate.
Subject to section 13(2) and leave of the Tribunal, the jurisdiction of the Tribunal does not extend to a determination of a steward, a racing club or a committee, in so far as that determination relates only to —
any protest or objection against a placed runner arising out of any incident occurring during the running of a race; or
the eligibility of a runner to take part in, or the conditions under which a runner takes part in, any race; or
any question or dispute as to a bet,
where, in respect to that determination, the prospective appellant has, under the rules of racing, a right of appeal to RWWA.
An appeal under subsection (1) to RWWA shall be heard and determined in accordance with the rules of racing.
The determination of RWWA with respect to the subject of an appeal to which subsection (1) applies —
shall be taken to be, and given effect to as though it had been, also the determination of any club, or of any committee or stewards, from which the appeal was made; and
subject to section 13(2), is final and binding on the parties to that appeal and not subject to further appeal or review.
[Section 12 amended: No. 35 of 2003 s. 182.]
Showing the first 12 of 42 provisions. See all provisions