Racing Penalties (Appeals) Act 1990

An appeal shall be instituted by lodging with the Registrar —

a written notice of appeal; and

the prescribed fee on lodgement of a notice of appeal; and

if the Chairperson so directs, security for costs,

A notice of appeal shall set out clearly —

the name and address of the appellant; and

the determination appealed against; and

the grounds of appeal; and

the occasion when, and the person by which, that determination was made.

On the lodgement with the Registrar of a notice of appeal, the Registrar shall —

bring the fact of the lodgement and the notice of the appeal to the attention of the Chairperson, and in accordance with the directions of the Chairperson cause a Tribunal to be constituted; and

fix a time and place for the hearing of the appeal, which shall be heard and determined as soon as is practicable after the lodging of the notice of appeal; and

give reasonable notice of that time and place to the appellant; and

serve —

on the secretary of the club or to the committee or stewards, responsible for the determination or finding appealed against; and

on RWWA; and

on such other persons likely to be affected as the Registrar may determine or the Chairperson may direct; and

so far as is practicable, if the placing of any runner may be affected by the result of the appeal, on the trainer or an owner of that runner (not being the appellant),

On receipt of a notice of appeal, RWWA, a steward or a club or committee responsible for the determination or finding appealed against shall forthwith furnish to the Registrar a transcript of the evidence taken at the hearing in relation to which the appeal has been lodged, but the Tribunal is not required to make a copy of that transcript, or information as to what it contains, available to the appellant or any other person.

If a person served with notice of a hearing under subsection (3) does not attend at the time and place fixed by the notice, the Tribunal may conduct the proceedings in the absence of that person.

A person entitled to be heard at an appeal may —

appear personally; or

be represented in those proceedings —

by counsel; or

with the leave of the Tribunal, by any other person.

A person who, not being a legal practitioner, demands or receives any fee or reward for representing a party to an appeal commits an offence.

The Tribunal shall afford to a person who is entitled to be heard at an appeal a reasonable opportunity to call or give evidence, to examine or cross‑examine witnesses, and to make submissions to the Tribunal.