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HRV Racing Appeals and Disciplinary (RAD) Board Rules

PART 24

THE HARNESS RACING VICTORIA RACING APPEALS AND DISCIPLINARY BOARD

VLR 47 Appointment and Functions

(1) Appointments:

(a) The Minister must:

(i) In accordance with section 50E of the Racing Act 1958, appoint a person as Chairperson of the HRV Racing Appeals and Disciplinary Board (the “HRV RAD Board”); and

(ii) In accordance with section 50F of the Racing Act 1958, appoint on the recommendation of the Controlling Body, a person as Deputy Chairperson of the HRV RAD Board.

(b) The Controlling Body shall:

(i) appoint not less than 5 persons and not more than 15 persons, as members other than the Chairperson and Deputy Chairperson, to constitute the HRV RAD Board;

(ii) define the term of office of a member for a period not exceeding 3 years;

(iii) pay remuneration and allowances to persons appointed to constitute the HRV RAD Board as fixed by the Governor in Council.

(2) Function: The function of the HRV RAD Board is to hear and determine:

(a) appeals made under section 50J of the Racing Act 1958 in relation to decisions made under the rules to impose penalties on persons;

(b) charges made by Stewards against persons for serious offences;

(c) appeals in relation to decisions made under the rules following a direction made by the Racing Integrity Commissioner;

(d) any matter referred by the Controlling Body-

(i) on the Controlling Bodies own motion; or

(ii) the recommendation of the Stewards.

(3) Constitution for hearing proceedings:

Any proceeding before the HRV RAD Board being any of the matters referred to in VLR 47(2) must be heard by:

(a) the Chairperson and up to 4 other members selected by, and at the discretion of, the Chairperson; or

(b) the Deputy Chairperson and up to 4 other members selected by, and at the discretion of, the Chairperson.

VLR 48 Initiating an appeal

(1) Right of appeal by giving notice:

A person may appeal to the HRV RAD Board against a decision made under the rules to impose a penalty on the person. Subject to VLR 48(2), any person aggrieved by the decision of:

(a) the Stewards made under the Rules; or

(b) the Controlling body in exercising any power conferred on the Stewards by the Rules, may appeal to the HRV RAD Board by lodging a written notice of appeal in the form prescribed under the Racing Act 1958 (Vic) with the RAD Board Registrar not later than 5.00pm on the third day after the person receives notice of the decision.

(2) No right of appeal:

Except as provided by VLR 48(3) an appeal cannot be made against the decision of the Stewards or controlling body in relation to the following matters or circumstances:

(a) any decision in connection with any protest or objection against placed horses arising out of any incident or incidents occurring during the running of a race, save for any fines, suspensions or disqualifications otherwise capable of appeal in accordance with these Rules;

(b) decisions that a horse be placed outside the barrier draw for any race;

(c) a disability imposed on a horse which provides that such horse shall pass a specified trial, test or examination;

(d) the eligibility of any horse to run in any race; or (e) where the penalty is a fine of $250 or less.

(3) Appeal directed by the Racing Integrity Commissioner:

Where the Racing Integrity Commissioner so directs, the HRV RAD Board must hear and determine an appeal made by a person against a penalty imposed on the person notwithstanding that the penalty imposed was a fine of not more than $250.

(4) HRV RAD Board to notify Stewards or Controlling Body of the appeal:

The HRV RAD Board must, as soon as is reasonably practicable, notify the Stewards or the Controlling Body that the appeal has been lodged.

(5) Stay of proceedings:

The HRV RAD Board may in its absolute discretion and subject to such conditions as it thinks fit suspend in whole or in part the operation of the decision which is the subject matter of the appeal to the HRV RAD Board pending the determination of the appeal.

(6) Appeal may not be abandoned without HRV RAD Board approval:

An appeal to the HRV RAD Board may not be withdrawn or otherwise not proceeded with by the appellant:

(a) unless by leave of the HRV RAD Board; and

(b) except upon such terms and conditions as the HRV RAD Board may impose.

(7) Leave to appeal:

An appeal sought to be commenced after the end of the period referred to in VLR 48(1) is deemed to be an application for leave to appeal under VLR 48(1). The HRV RAD Board may grant leave to appeal if it is of the opinion that the appellant has given an adequate explanation for his or her failure to institute the appeal within the period referred to in VLR 48(1) and it would be unjust to refuse leave.

VLR 49 Charges for hearing and determination under VLR 47(2)(b)

(1) HRV RAD Board’s original jurisdiction:

Notwithstanding anything else to the contrary in these Rules, the Stewards or the Controlling Body in exercising any power conferred on the Stewards must not hear or determine any matter or penalise any person relating to a serious offence.

(2) Charges:

The Stewards may charge persons with offences under any of the Rules referred to in VLR 49(1) which are defined as a serious offence.

(a) Minor offences: Notwithstanding the provisions of VLR 49(1), where a person charged by the Stewards with a breach of ARHR 187, ARHR 192 (1), ARHR 194 and ARHR 245 has indicated in writing that he or she will plead guilty before the HRV RAD Board, the Stewards may penalise the person by imposing a fine not exceeding $500.

(3) Details of charge:

(a) In any case where the Stewards have decided to lay a charge pursuant to VLR 49(1), the Stewards must provide to the person a notice of charge specifying:

(i) the offence; and

(ii) the particulars of the facts and circumstances relating to the alleged commission of the offence.

(b) In conjunction with the notice of charge referred to in VLR 49(3)(a), the Stewards must provide to the person charged by the Stewards copies of any complaint, report, videotape evidence, witness statements and other evidence which will be relied upon to support the charge.

(c) The Stewards must provide the Registrar of the HRV RAD Board with a copy of the notice of charge and any material that accompanied the notice referred to in VLR 49(3)(b) no later than 2 days after the notice of charge has been provided to the person charged by the Stewards.

Notice of hearing:

Upon receipt of the materials referred to in VLR 49(3)(c), the HRV RAD Board must as soon as is reasonably practicable notify the Stewards and the person charged by the Stewards of the date of the hearing.

(4) Withdrawal of charge:

If in relation to a charge pursuant to VLR 49(2), the Stewards are of the opinion that there is no reasonable prospect of a conviction being secured, then the Stewards must:

(a) publish short written reasons for their opinion;

(b) provide a copy of those reasons to the person charged by the Stewards and the media; and

(c) provide a notice of withdrawal of the charge to the Chair of the HRV RAD Board accompanied with the material referred to in paragraphs (a) and (b) above, and the charge shall be deemed to be withdrawn and the proceedings in relation to that charge will be deemed to be concluded.

(5) Hearing and determination of mixed charges involving one person:

If more than one charge has been laid against a person arising out of the same set of circumstances and any of those charges have been laid pursuant to VLR 49(2), all of the matters the subject of the charges must be heard and determined by the HRV RAD Board.

(6) Hearing and determination of mixed charges involving more than one person:

If a charge has been laid against more than one person arising out of the same set of circumstances and any of those persons has been charged pursuant to VLR 49(2), all of the matters the subject of the charges must be heard and determined by the HRV RAD Board.

(7) Application of Rules to mixed charges:

Where VLR 49(5) or (6) applies, the requirements of VLR 49(3), (4) and (5) will apply with respect to all charges to be heard and determined by the HRV RAD Board.

VLR 50 Conduct of proceedings

(1) HRV RAD Board may hear as it thinks fit:

Subject to the requirements of procedural fairness, the HRV RAD Board may hear proceedings in any way it thinks fit, including (but not limited to):

(a) in the presence of the parties or in the absence of any or all of them;

(b) by hearing evidence given by means of telephone, video or closed circuit television;

(c) upon the notes of evidence taken by the Stewards or the Investigators;

(d) upon the case stated by the parties to the proceedings; or

(e) by rehearing upon affidavits, statutory declarations and viva voce evidence;

(f) with as much expedition and as little formality as a proper determination requires;

(g) that the rules of evidence as generally applied in court of record shall not apply.

(h) that the required standard of proof in determining a matter be on the balance of probabilities.

(2) No obligation to conduct appeals as hearings de novo:

For the avoidance of doubt, it is declared that an appeal to the RAD Board is not required to be conducted as a hearing de novo.

(3) Dismissal of certain proceedings:

The HRV RAD Board may dismiss a proceeding without a hearing if it is satisfied that the proceeding is frivolous, vexatious, misconceived or lacking in substance.

(4) Right to legal or other representation:

A party to a proceeding is entitled to be represented at the hearing of the matter by a legal practitioner or other person. Where a party is unrepresented and it is the view of the HRV RAD Board that representation by an advocate (as opposed to legal practitioner) would assist with the conduct of the proceeding, the HRV RAD Board may at its discretion appoint an appropriate advocate from a pool nominated and provided by HRV.

(5) Expert Witnesses:

(a) A party that intends to call an expert witness at a proceeding shall by 7 days prior, or such other time as the HRV RAD Board directs, serve the HRV RAD Board and every other party a report signed by the expert containing the name, address and relevant qualifications of the expert and the substance of the expert’s proposed evidence including a list of all the documents to which the expert will refer;

(b) If a party fails to comply with the provisions of VLR 50 (5)(a), the party may not call the expert witness without the consent of the HRV RAD Board which may be granted on such conditions as is deemed appropriate.

(6) Proceedings are open to public unless otherwise ordered:

All proceedings of the HRV RAD Board must be held in public unless the HRV RAD Board directs or orders, either on application of a party or acting on its own initiative, that:

(a) a proceeding or any part of a proceeding be held in private; or

(b) any evidence given at a proceeding, the content of any documents produced to the HRV RAD Board or any information that might enable a party or another person to be identified must not be published or published only in the manner and to the persons specified by the HRV RAD Board.

(7) To provide reasons:

The HRV RAD Board must give reasons for any decision made in relation to a matter before it, and whether oral or written, such reasons form part of the record of the proceeding in which the decision was made.

(8) To provide written reasons on request:

If the HRV RAD Board gives oral reasons, a party may within 28 days of the decision, request the HRV RAD Board to give written reasons in which case, the HRV RAD Board must comply with the request within 28 days after the request was made.

VLR 51 Powers of the HRV RAD Board

(1) Decisions of HRV RAD Board in relation to a proceeding:

The HRV RAD Board may in the hearing or determination of any matter:

(a) draw inferences of fact;

(b) penalise any person, and for that purpose a reference in the Rules to any penalty by the Stewards or Controlling Body includes a penalty by the HRV RAD Board; and

(c) give any judgement or decision or make such order as in the HRV RAD Board’s opinion the justice of the case requires.

(2) Decisions of the RAD Board in relation to an appeal:

Without limiting VLR 51(1), the HRV RAD Board may in hearing an appeal:

(a) confirm, set aside or vary the decision appealed against;

(b) quash, set aside, mitigate, reduce, alter, vary, increase or add to the penalty imposed by the Stewards or Controlling Body in exercising any power conferred on Stewards by the Rules; and

(c) refer the matter on appeal back for rehearing or reconsideration of the decision.

(3) Where only part of decision appealed against:

The powers of the HRV RAD Board may be exercised notwithstanding that in the notice of appeal part only of the decision was objected to or sought to be reviewed, varied, or otherwise dealt with.

(4) Exercise of powers against other persons:

The powers of the HRV RAD Board may be exercised against all or any other person or persons considered by the HRV RAD Board to be in breach of the Rules notwithstanding that he or she or they may not be a party to any proceedings or may not have been dealt with by such Stewards, or the Controlling Body provided that due notice is given to him or her by the HRV RAD Board of its intention to investigate and deal with the matter in relation to him or her.

(5) Interim orders:

The HRV RAD Board may make any interim orders it thinks fit in any proceedings before the HRV RAD Board.

(6) Directions:

The Chair or Deputy Chair of the HRV RAD Board may give directions on any matter or thing not provided for by the Rules in relation to any proceeding before the RAD Board.

(7) Improper or insulting behaviour:

Any person guilty of improper or insulting behaviour at any time towards the HRV RAD Board or any member thereof or person in attendance at a hearing of the HRV RAD Board may be penalised by the HRV RAD Board as it thinks fit.

VLR 52 Decision final

All decisions of the HRV RAD Board are final subject only to any further rights of appeal provided by law.

Definitions

Racing Integrity Commissioner “Racing Integrity Commissioner” means the Racing Integrity Commissioner appointed by the Minister for Racing under the Racing Act 1958 (Vic).

Serious Offence “Serious offence” means an offence under, or breach of, one of the following Australian Rules of Harness Racing (ARHR):

(a) ARHR 147; (b) ARHR 148; (c) ARHR 173(1); (d) ARHR 187; (e) ARHR 190(1), (2), (3), (4) & (5); (f) ARHR 190A; (g) ARHR 192; (h) ARHR 193(1), (2) & (3); (i) ARHR 194; (j) ARHR 195; (k) ARHR 196A; (l) ARHR 213; (m) ARHR 215; (n) ARHR 216; (o) ARHR 217; (p) ARHR 218; (q) ARHR 227; (r) ARHR 228; (s) ARHR 229; (t) ARHR 230; (u) ARHR 231(1); (v) ARHR 232; (w) ARHR 236; (x) ARHR 241; (y) ARHR 243; (z) ARHR 244; (aa) ARHR 245; (bb) ARHR 247;