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HRV Racing Appeals and Disciplinary (RAD) Board Information

 

Functions of the HRV RAD Board

The key functions of the HRV RAD Board are:

to hear and determine charges made by Stewards against persons for serious offences;

to hear and determine appeals in relation to decisions made under the rules to impose penalties on persons.

Legislation

The HRV RAD Board came into operation on 1 March 2010 as a consequence of amendments to the Racing Act 1958 (Vic). The amendments were included in the Racing Legislation Amendment (Racing Integrity Assurance) Act 2009 (Vic).

Section 50B of the Racing Act 1958 (the Act) establishes the HRV RAD Board.

HRV RAD Board Composition

Under sections 50E & F of the Act, the Chair and Deputy Chair of the HRV RAD Board are appointed by the Governor-in-Council following a recommendation from the Minister for Racing. The following appointments were made by the Minister and came into effect in August 2016:

Chair:        Ms Alana Duffy
Deputy Chair:    Mr Brian Collis QC

Section 50D of the Act requires HRV to appoint a panel of up to 15 members to sit on the HRV RAD Board. The following regular members have been approved by HRV:

Mr Kevin Carson, Mr Paul Connolly, Mr John Denahy, Mr Peter Kilduff, Mr Rod Osborne, Mr Brian Pearce, Mr Nicholas Rolfe, Dr Hugh Millar, Mr John Kearney, Ms Rebecca Oliver, Dr Kate Savage, Mr Serge Petrovich, Ms Kerry Wilcock, Mr Robert Abrahams.

Jurisdiction

  • Appeals

Section 50C (a) provides that the HRV RAD Board has jurisdiction to hear and determine appeals against decisions made by Stewards or the Controlling Body.

Under section 50J such appeal can only be heard if it relates to a suspension, disqualification or warning off or if it relates to a fine of more than $250 (i.e. $251+).

Should a person be fined an amount of $250 or less, no right of appeal exists. However, under section 50K of the Act, that person may make a written request to the Racing Integrity Commissioner (RIC) seeking a direction from the Racing Integrity Commissioner for the HRV RAD Board to hear the appeal.

Where a decision of the Stewards is to impose a fine of $250 or less the appellant must apply in writing to the Racing Integrity Commissioner by 5pm on the third day after the day they receive notice of the decision they would like to appeal.  The Commissioner will only direct the RAD Board to hear the appeal if it is considered to be in the public interest for the appeal to be heard and these time requirements  are met.

Applications to the Commissioner’s Office can be faxed to 03 8684 7778.  For further information and contact details, please visit:  www.racingintegrity.vic.gov.au

  • Serious Offence Charges

Under section 50C (b) of the Act, the HRV RAD Board has jurisdiction to hear and determine any charge issued by Stewards against a person in relation to any alleged breach of a rule defined as a serious offence.

Serious offences generally relate to the more serious matters such as prohibited substance and misconduct offences. Serious offences are defined under the Victorian Local Rules available at: http://www.hrv.org.au/

Time Limit for Lodging Appeals

A written notice of appeal must be lodged on the prescribed form and submitted to the RAD Board Registrar by 5:00pm on the third day (calendar day) after the person receives notice of the decision. However, in accordance with the Interpretation of Legislation Act  1984, the expiration of this appeal period cannot end on a weekend or a public holiday.  In summary, an appeal must be lodged by 5.00pm on the third calendar day.  If and only if the end day of this 3 day period is a weekend or public holiday, then the appeal period is extended until the next following business day.
For example if a person was penalised on a Friday night, any appeal must be lodged by 5:00pm on the following Monday.  If a person was penalised on a Wednesday, any appeal must be lodged by 5.00pm on the following Monday (appeal period cannot expire on Saturday or Sunday).  If a person was penalised on the Tuesday before Good Friday, any appeal must be lodged by 5.00pm on the next Tuesday (Easter Tuesday)(appeal period cannot end on Good Friday, a weekend or Easter Monday).  If a person was penalised on Easter Saturday, any appeal must be lodged by 5.00pm on the following Tuesday (Easter Tuesday) (appeal period can expire on Tuesday and both Easter Sunday and Easter Monday are included as part of 3 calendar days). 

Stay of Proceedings

The HRV RAD Board may at its absolute discretion grant or refuse to grant a stay of proceedings in relation to an appeal. This would be dependent on the individual circumstances of a case.

Appeal Representation

An appellant or any other party to a proceeding may be represented by a legal practitioner.

Should a person be unrepresented at a proceeding and the HRV RAD Board form a view that representation by an advocate (as opposed to a legal practitioner) would assist the conduct of the hearing, the Board may direct the person to consent to representation from a specified pool.

Deposit

No deposit is applicable to an appeal before the HRV RAD Board, however an order with respect to costs may be made at the Board’s discretion.

Appeal Abandonment

Once initiated, an appeal can only be abandoned by leave of the HRV RAD Board. If leave to abandon is allowed it may be under terms and conditions determined at the discretion of the Board. This may include an order to pay administrative costs already incurred by HRV.

HRV RAD Board Venues

All matters and appeals heard before the HRV RAD Board are by way of public hearing and are conducted at the offices of HRV, 400 Epsom Road, Flemington.

Contact Details

Georgie Gavin - RAD Board Registrar
Phone - (03) 9258 4260
Fax - (03) 9258 4848
Email - radboard@racingvictoria.net.au

Notice of Appeal forms and all HRV RAD Board Rules can be obtained by contacting the Registrar or by downloading a copy online at http://www.hrv.org.au