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Racing Amendment (Integrity and Disciplinary Structures) Act 2018

No. 37 of 2018

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Racing Integrity Commissioner 3

3 Powers of Racing Integrity Commissioner conducting an inquiry 3

4 New sections 37BB to 37BJ inserted 35 Functions of the Racing Integrity Commissioner 106 Procedure on completion of investigation of public interest

complaint 117 New section 37CA inserted 11

Part 3—Victorian Racing Tribunal 12

8 Definitions 129 Approval of off-course premises for remote betting usage 1210 Cancellation or suspension of approval for approved off-course

premises or variation of conditions 1211 Section 5G repealed 1212 Functions of the Racing Integrity Commissioner 1213 Disclosure of information 1314 Part IIA substituted 1315 Part IIIA repealed 4716 Heading to Part IIIB substituted 4717 Definitions 4718 Heading to section 83OE substituted 4819 Boards Registrar 4820 Heading to section 83OF amended 4821 Functions of Boards Registrar 4822 Heading to Part IIIBA substituted 4923 Section 83OH substituted 4924 New section 95V inserted 5025 New Part X inserted 51

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Part 4—Greyhound racing 55

26 Definitions 5527 Constitution of Board 5528 New section 73A inserted 5529 Functions of Board 5630 Registration etc. of clubs and persons participating in

greyhound racing 5731 New section 77AA inserted 5932 Member of Board etc. may enter and inspect etc. 59

Part 5—Victorian Racing Integrity Board 61

33 Definitions 6134 New Part IVB inserted 61

Part 6—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 72

35 Schedule 1 amended 72

Part 7—Repeal of amending Act 73

36 Repeal of amending Act 73═════════════

Endnotes 74

1 General information 74

Racing Amendment (Integrity and Disciplinary Structures) Act 2018†

No. 37 of 2018

[Assented to 21 August 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The purposes of this Act are—

(a) to amend the Racing Act 1958—

(i) to establish the Victorian Racing Integrity Board; and

Victoria

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(ii) to replace the RV Racing Appeals and Disciplinary Board, the GRV Racing Appeals and Disciplinary Board and the HRV Racing Appeals and Disciplinary Board with the Victorian Racing Tribunal for all codes of racing; and

(iii) to provide for the powers of the Victorian Racing Tribunal to hear and determine a matter; and

(iv) to limit the right of appeal to VCAT to decisions made by the Victorian Racing Tribunal on a penalty imposed by the Victorian Racing Tribunal; and

(v) to make further provision in relation to powers of the Racing Integrity Commissioner; and

(b) to make other operational and technical amendments to the Racing Act 1958 and consequentially amend the Victorian Civil and Administrative Tribunal Act 1998.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 August 2019, it comes into operation on that day.

Section Page

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Part 2—Racing Integrity Commissioner3 Powers of Racing Integrity Commissioner

conducting an inquiry

(1) For section 37BA(1) of the Racing Act 1958 substitute—

"(1) Subject to subsection (2), sections 37BB to 37BJ apply to the conduct of an inquiry or investigation by the Racing Integrity Commissioner under this Part into a controlling body or a person, club or other body licensed or registered in accordance with the rules of a controlling body.".

(2) In section 37BA(2) of the Racing Act 1958—

(a) in paragraph (f), for "body." substitute "body;";

(b) after paragraph (f) insert—

"(g) any person who, at the time the matter which is the subject of the inquiry or investigation occurred, was a person referred to in paragraphs (a) to (f).".

4 New sections 37BB to 37BJ inserted

After section 37BA of the Racing Act 1958 insert—

"37BB Power to compel production of documents and other things or attendance of witnesses

(1) For the purposes of conducting an inquiry or investigation, the Racing Integrity Commissioner may serve written notice on a person requiring the person to—

(a) produce a specified document or other thing which is material to the subject matter of the inquiry or investigation to

Part 3—Victorian Racing Tribunal

Racing Amendment (Integrity and Disciplinary Structures) Act 2018No. 37 of 2018

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the Racing Integrity Commissioner or a member of staff of the Commissioner conducting the inquiry or investigation at a specified time and in the specified manner; or

(b) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place to produce a specified document or other thing which is material to the subject matter of the inquiry or investigation; or

(c) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence; or

(d) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing which is material to the subject matter of the inquiry or investigation.

(2) A written notice under subsection (1) in relation to an inquiry or investigation of the Racing Integrity Commissioner—

(a) must contain the following information—

(i) a statement outlining the consequences of failing to comply with the notice;



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(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;

(iii) how the person may object to the notice; and

(b) must be served in accordance with section 37BC.

(3) A person whose attendance has been required by a notice under subsection (1) is required to attend at the time and place to which the inquiry or investigation of the Racing Integrity Commissioner is adjourned or postponed without the issue or service of any further notice.

37BC Service of notice to produce or notice to attend

(1) A notice under section 37BB directed to a natural person must be served—

(a) by serving a copy of the notice on the person personally; or

(b) by leaving a copy of the notice at the person's usual place of residence with a person who is apparently at least 18 years of age.

(2) A notice under section 37BB directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.



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(3) Subsection (2) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

37BD Power to take evidence on oath or affirmation

(1) The Racing Integrity Commissioner may require a person attending an inquiry or investigation under this Part, whether in accordance with a notice under section 37BB or otherwise—

(a) to give evidence or answer questions on oath or affirmation; or

(b) to give evidence or answer questions on oath or affirmation and to produce specified documents.

(2) The Racing Integrity Commissioner, or a member of staff who is authorised to do so by the Racing Integrity Commissioner, may administer an oath or affirmation to a person for the purposes of subsection (1).

37BE Offence to fail to comply with a notice to produce or attend

A person who is duly served with a notice under section 37BB in relation to a Racing Integrity Commissioner's inquiry or investigation under this Part must not, without reasonable excuse, refuse or fail to comply with the notice.

Penalty: 60 penalty units or imprisonment for 6 months or both.



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37BF Offence to fail to take oath, make affirmation, answer question or produce document

(1) This section applies to—

(a) a person who is duly served with a notice under section 37BB; or

(b) a person who is present before an inquiry or investigation of the Racing Integrity Commissioner under this Part and is required to take an oath or make an affirmation or to respond to a question material to the subject matter of the inquiry or investigation or to produce any document or thing.

(2) A person to whom this section applies must not, without reasonable excuse—

(a) refuse or fail to take an oath or make an affirmation when required to do so; or

(b) refuse or fail to answer a question that the person is required to answer by the Racing Integrity Commissioner; or

(c) refuse or fail to produce a document or thing required to be produced.


37BG DPP or police officer may commence proceeding for offence against section 37BE or 37BF

(1) If the Racing Integrity Commissioner is of the opinion that a person is guilty of an offence against section 37BE or 37BF, the Commissioner may certify the facts to the Chief Commissioner of Police or the Director of Public Prosecutions.



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(2) A police officer or the Director of Public Prosecutions may commence a proceeding for an offence against section 37BE or 37BF.

37BH Offence to make false or misleading statements or produce false or misleading documents or other things

(1) A person must not make a statement to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular.


Note

See section 314 of the Crimes Act 1958 in relation to perjury and section 254 of that Act in relation to the destruction of evidence.

(2) A person must not produce a document or other thing to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular unless the person—

(a) indicates to the Commissioner the respect in which it is false or misleading; and

(b) to the extent practicable, provides the correct information.


37BI Protection of participants

(1) The Racing Integrity Commissioner has, in respect of the performance of the Commissioner's functions under this Part, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.



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(2) A member of staff of the Racing Integrity Commissioner has, in the performance of the person's functions in a Racing Integrity Commissioner's inquiry or investigation under this Part, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(3) A person legally representing another person in a Racing Integrity Commissioner's inquiry or investigation under this Part has the same protection and immunity as an Australian legal practitioner has in representing a party in a proceeding in the Supreme Court.

(4) A person who gives information or evidence, or produces a document or other thing, to the Racing Integrity Commissioner has the same protection and immunity as a witness has in a proceeding in the Supreme Court.

37BJ Statement not to be used against person who gives information or evidence, or produces a document or other thing

(1) A statement made by a person in response to any question put to the person in an inquiry or investigation by the Racing Integrity Commissioner under this Part—

(a) is not admissible in evidence in any civil or criminal proceeding against that person; and

(b) is not to be made the ground of any prosecution, action or suit against that person.



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(2) Subsection (1) does not apply to a charge against a person for perjury committed by the person in making a statement in an inquiry or investigation by the Racing Integrity Commissioner under this Part.

(3) A certificate signed by the Racing Integrity Commissioner that a statement was made in response to any question put to the person in an inquiry or investigation by the Racing Integrity Commissioner under this Part is prima facie evidence that the statement was so made.".

5 Functions of the Racing Integrity Commissioner

(1) In section 37B(1)(a) of the Racing Act 1958—

(a) in subparagraph (ii), after "body;" insert "or";

(b) after subparagraph (ii) insert—

"(iii) by the Integrity Board; or

(iv) by the Racing Integrity Commissioner in consultation with the Integrity Board;".

(2) For section 37B(1)(d)(v) of the Racing Act 1958 substitute—

"(v) if the complaint relates to an internal integrity matter, the Integrity Board;".

(3) In section 37B(1)(e) of the Racing Act 1958, after "Minister" insert ", the Integrity Board".

(4) In section 37B(1)(f)(ii) of the Racing Act 1958, after "Minister" insert ", the Integrity Board".

(5) After section 37B(1)(h)(i) of the Racing Act 1958 insert—

"(ia) the Integrity Board; or".



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6 Procedure on completion of investigation of public interest complaint

(1) In section 37P(1) of the Racing Act 1958—

(a) after paragraph (a)(i) insert—

"(ia) the Integrity Board; and";

(b) after paragraph (b)(i) insert—

"(ia) the Integrity Board; or".

(2) In section 37P(2) of the Racing Act 1958, after "Minister" insert "and the Integrity Board".

(3) In section 37P(3) of the Racing Act 1958, after "Minister" insert "and the Integrity Board".

7 New section 37CA inserted

After section 37C of the Racing Act 1958 insert—

"37CA Protection from liability for Racing Integrity Commissioner

(1) The Racing Integrity Commissioner is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Racing Integrity Commissioner attaches instead to the State.".



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Part 3—Victorian Racing Tribunal8 Definitions

(1) In section 3(1) of the Racing Act 1958, the definitions of GRV Racing Appeals and Disciplinary Board, HRV Racing Appeals and Disciplinary Board, Racing Appeals and Disciplinary Board and RV Racing Appeals and Disciplinary Board are repealed.

(2) In section 3(1) of the Racing Act 1958 insert the following definitions—

"Department means the Department of Justice and Regulation;

Victorian Racing Tribunal means the Victorian Racing Tribunal established under section 50B.".

9 Approval of off-course premises for remote betting usage

In section 4C(7) of the Racing Act 1958, for "appropriate Racing Appeals and Disciplinary Board" substitute "Victorian Racing Tribunal".

10 Cancellation or suspension of approval for approved off-course premises or variation of conditions

In section 4D(4) of the Racing Act 1958, for "appropriate Racing Appeals and Disciplinary Board" substitute "Victorian Racing Tribunal".

11 Section 5G repealed

Section 5G of the Racing Act 1958 is repealed.

12 Functions of the Racing Integrity Commissioner

In section 37B(1)(i) of the Racing Act 1958, for "a Racing Appeals and Disciplinary Board" substitute "the Victorian Racing Tribunal".



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13 Disclosure of information

For section 37E(1)(c) of the Racing Act 1958 substitute—

"(c) the Victorian Racing Tribunal; or".

14 Part IIA substituted

For Part IIA of the Racing Act 1958 substitute—

"Part IIA—Victorian Racing Tribunal

Division 1—Establishment of the Victorian Racing Tribunal

50A Definitions

(1) In this Part—

Chairperson means the Chairperson of the Victorian Racing Tribunal appointed under section 50D;

Deputy Chairperson means a Deputy Chairperson of the Victorian Racing Tribunal appointed under section 50D;

expert means an expert who assists the Victorian Racing Tribunal under section 50R;

Greyhound Racing Victoria has the same meaning as Board has in Part III;

Harness Racing Victoria has the same meaning as Board has in Part II;

investigator means a person appointed under the rules by Greyhound Racing Victoria, Harness Racing Victoria or Racing Victoria to investigate matters



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in respect of the enforcement of, and compliance with, the rules;

judicial officer has the same meaning as it has in section 87AAA(1) of the Constitution Act 1975;

penalty means—

(a) the imposition of a fine under the rules; or

(b) the imposition of any of the following penalties under the rules that prevents participation in racing in any capacity—

(i) a suspension;

(ii) a disqualification;

(iii) a warning off;

rules has the same meaning as it has in sections 38 and 51 and includes the rules of racing of Racing Victoria;

serious offence means an offence that is a serious offence within the meaning of the rules of—

(a) Greyhound Racing Victoria; or

(b) Harness Racing Victoria; or

(c) Racing Victoria;

serving judicial officer means—

(a) a Judge of the Court within the meaning of section 5 of the Constitution Act 1975; or

(b) an Associate Judge within the meaning of section 5 of the Constitution Act 1975; or



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(c) a judge within the meaning of section 3(1) of the County Court Act 1958; or

(d) an associate judge within the meaning of section 3(1) of the County Court Act 1958; or

(e) a magistrate—

but does not include a reserve judge, reserve associate judge or a reserve magistrate when engaged on a sessional basis;

Victorian Racing Tribunal Registrar means the Victorian Racing Tribunal Registrar employed under section 83OE.

(2) In this Part, a reference to a member of the Victorian Racing Tribunal includes a reference to the Chairperson and a Deputy Chairperson of the Victorian Racing Tribunal, unless the contrary intention appears.

50B Establishment of the Victorian Racing Tribunal

The Victorian Racing Tribunal is established.

50C Functions of Victorian Racing Tribunal

The functions of the Victorian Racing Tribunal are to hear and determine the following matters—

(a) an appeal made under section 50K in relation to a decision made under the rules to impose a penalty on a person;

(b) an appeal in relation to a decision made under the rules following a direction



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made by the Racing Integrity Commissioner under section 50L;

(c) a charge made against a person for a serious offence;

(d) any matter referred to the Victorian Racing Tribunal—

(i) on Harness Racing Victoria's own motion; or

(ii) on Greyhound Racing Victoria's own motion; or

(iii) on Racing Victoria's own motion; or

(iv) on the recommendation of the Chief Steward or the Deputy Chief Steward of a controlling body; or

(v) on the recommendation of a steward who is acting as either the Chief Steward or the Deputy Chief Steward of a controlling body;

(e) an appeal against a decision of a controlling body to refuse to grant approval for a bookmaker to operate from off-course premises under section 50M;

(f) an appeal relating to a Trainer User Agreement.

50D Members of the Victorian Racing Tribunal

(1) The Victorian Racing Tribunal consists of not less than 15 members appointed by the Governor in Council on the recommendation of the Minister of whom—



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(a) one is to be the Chairperson; and

(b) 3 are to be Deputy Chairpersons.

(2) A person must not be appointed as a member of the Victorian Racing Tribunal unless the person consents to the appointment.

(3) A majority of the members of the Victorian Racing Tribunal must be an Australian lawyer of not less than 7 years experience as an Australian lawyer.

(4) At least one member of the Victorian Racing Tribunal must have—

(a) animal welfare expertise; or

(b) veterinary expertise.

(5) A person is not eligible for appointment as a member of the Victorian Racing Tribunal if the person—

(a) is registered or licensed under the rules of a controlling body; or

(b) has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or

(c) holds office in or is an employee of—

(i) Racing Victoria; or

(ii) Harness Racing Victoria; or

(iii) Greyhound Racing Victoria; or

(iv) any racing club; or

(v) any organisation that may, in the opinion of the Minister, give rise to a conflict of interest.



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50E Terms and conditions of office

(1) A member of the Victorian Racing Tribunal holds office—

(a) for a term not exceeding 3 years specified in the member's instrument of appointment; and

(b) on the terms and conditions specified in the member's instrument of appointment.

(2) A member of the Victorian Racing Tribunal is eligible for reappointment.

(3) A member of the Victorian Racing Tribunal (other than a serving judicial officer) is entitled to be paid remuneration determined by the Governor in Council.

(4) A member of the Victorian Racing Tribunal is entitled to be paid allowances and expenses determined by the Governor in Council.

50F Vacancies, resignations and termination of members of the Victorian Racing Tribunal

(1) The office of a member of the Victorian Racing Tribunal becomes vacant if—

(a) the member's term expires and the member is not reappointed; or

(b) the member becomes a director, board member or employee of a controlling body or a registered or licensed racing club; or



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(c) the member has or obtains a proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or

(d) the member resigns; or

(e) the member is unable to perform the functions and duties of the office for any reason; or

(f) the member holds office in any organisation that may, in the opinion of the Minister, give rise to a conflict of interest; or

(g) the office of the member is terminated in accordance with subsection (2).

(2) The Governor in Council may terminate the office of a member of the Victorian Racing Tribunal on the recommendation of the Minister.

(3) The Minister may recommend to the Governor in Council to terminate the office of a member of the Victorian Racing Tribunal if the Minister is satisfied that the member's actions or behaviour are, or are likely to be, detrimental to the proper functioning of the Victorian Racing Tribunal.

(4) A member of the Victorian Racing Tribunal may resign by delivering a signed letter of resignation to the Minister.

(5) The Chairperson or a Deputy Chairperson may resign from office as the Chairperson or a Deputy Chairperson and remain a member of the Victorian Racing Tribunal by delivering a signed letter of resignation to the Minister.



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50G Chairperson of the Victorian Racing Tribunal

(1) The Chairperson must be a person who is a former or current judicial officer.

(2) The Chairperson must ensure that—

(a) rules of practice and procedure and practice notes for the Victorian Racing Tribunal are in place; and

(b) members of the Victorian Racing Tribunal are educated about the rules of practice and procedure and practice notes.

(3) Rules of practice and procedure or practice notes referred to in subsection (2) are not statutory rules or legislative instruments within the meaning of the Subordinate Legislation Act 1994.

50H Deputy Chairpersons of the Victorian Racing Tribunal

(1) A Deputy Chairperson must be a person who is a former or current judicial officer.

(2) The Deputy Chairpersons must be persons who have the following requisite knowledge and experience in the relevant racing codes being—

(a) a Deputy Chairperson with knowledge and experience in greyhound racing;

(b) a Deputy Chairperson with knowledge and experience in harness racing;



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(c) a Deputy Chairperson with knowledge and experience in thoroughbred racing.

50I Appointment of a judicial officer as Chairperson or Deputy Chairperson

(1) The appointment of a judicial officer as the Chairperson or a Deputy Chairperson does not affect—

(a) the judicial officer's tenure of office or status as a judicial officer; or

(b) the payment of the judicial officer's salary or allowances; or

(c) any other rights or privileges that the judicial officer has as a judicial officer.

(2) Service in the office of the Chairperson or a Deputy Chairperson by a serving judicial officer must be taken for all purposes to be service in the office of a judicial officer.

(3) Nothing in this Act prevents a judicial officer who is appointed as the Chairperson or a Deputy Chairperson from constituting the court or tribunal to which the judicial officer is appointed or assigned for the purposes of the exercise by the court or tribunal of any of its functions.

50J Acting appointments

(1) The Minister may appoint a Deputy Chairperson to act as the Chairperson for a period not exceeding 3 months—

(a) if the office of the Chairperson is vacant in accordance with section 50F(1); or

(b) during any period, or during all periods, when the Chairperson holds



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office and is unable to perform the duties of the Chairperson for any reason.

(2) A Deputy Chairperson who is acting as the Chairperson in accordance with subsection (1) may—

(a) exercise all of the powers of the Chairperson; and

(b) perform all of the duties and functions of the Chairperson.

(3) The Minister may appoint an eligible member of the Victorian Racing Tribunal to act as a Deputy Chairperson for a period not exceeding 3 months—

(a) during any vacancy in the office of a Deputy Chairperson in accordance with section 50F(1); or

(b) during any period, or during all periods, when a Deputy Chairperson is acting as the Chairperson under this section or is unable to perform the duties of a Deputy Chairperson for any reason.

(4) A member who is acting as a Deputy Chairperson may—

(a) exercise all of the powers of a Deputy Chairperson; and

(b) perform all of the duties and functions of a Deputy Chairperson.

Division 2—Jurisdiction of the Victorian Racing Tribunal

50K Appeals to the Victorian Racing Tribunal

(1) A person may appeal to the Victorian Racing Tribunal against a decision made under the



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rules to impose a penalty on the person if the penalty—

(a) is a suspension, disqualification or warning off; or

(b) is a fine of more than $250.

(2) An appeal under subsection (1) must—

(a) be in the prescribed form; and

(b) be lodged with the Victorian Racing Tribunal Registrar by 5.00 p.m. on the third day after the day the appellant receives notice of the decision made under the rules to impose a penalty.

(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of an appeal made under subsection (2) as soon as reasonably practicable.

(4) Subject to section 50Q(2), the Victorian Racing Tribunal must hear an appeal made under this section.

(5) As soon as reasonably practicable after the Chairperson receives a copy of an appeal under subsection (3), the Victorian Racing Tribunal, or the Victorian Racing Tribunal Registrar at the direction of the Victorian Racing Tribunal, must advise, in writing, the appellant and the person or body that imposed the penalty of—

(a) the date and time of the hearing of the appeal; and

(b) the venue at which the hearing will be held.

50L Racing Integrity Commissioner may direct that certain appeals be heard



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(1) This section applies if a decision has been made under the rules to impose a penalty on a person that is a fine of not more than $250.

(2) The person may apply in writing to the Racing Integrity Commissioner to request that the Commissioner direct the Victorian Racing Tribunal to hear an appeal made by the person against the decision to impose the penalty.

(3) An application under subsection (2) must be made by 5.00 p.m. on the third day after the day the person receives notice of the decision to impose the penalty.

(4) After receiving an application under subsection (2), the Racing Integrity Commissioner may direct the Victorian Racing Tribunal to hear and determine the appeal if the Commissioner considers that it is in the public interest to do so.

(5) The Victorian Racing Tribunal must comply with a direction made by the Racing Integrity Commissioner under subsection (4).

(6) As soon as reasonably practicable after the Racing Integrity Commissioner makes a direction under subsection (4), the Victorian Racing Tribunal must advise, in writing, the appellant and the person or body that imposed the penalty, of—



50M Appeals in respect of approvals for approved off-course premises



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(1) A registered bookmaker may appeal to the Victorian Racing Tribunal against a decision of a controlling body—

(a) to refuse to grant an approval under section 4C; or

(b) under section 4D—

(i) to cancel, or suspend for a period specified by a controlling body, an approval granted by a controlling body under section 4C; or

(ii) to vary an approval granted by a controlling body under section 4C; or

(iii) to not vary an approval granted by a controlling body under section 4C following a request made by the bookmaker for variation of the approval.

(2) An appeal under subsection (1) must—

(a) be in the prescribed form; and

(b) be lodged with the Victorian Racing Tribunal Registrar by 5.00 p.m. on the third day after the day the registered bookmaker receives notice of the decision under section 4C or 4D.

(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of an appeal made under subsection (2) as soon as reasonably practicable.

(4) The Victorian Racing Tribunal must hear an appeal made by a registered bookmaker under this section.

(5) As soon as reasonably practicable after the Chairperson receives a copy of an appeal



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under subsection (3), the Victorian Racing Tribunal must advise, in writing, the registered bookmaker and the controlling body of—



50N The Victorian Racing Tribunal may grant an extension of time for leave to appeal

The Victorian Racing Tribunal may grant leave to a person to make an appeal under section 50K or 50M out of time if the Victorian Racing Tribunal—

(a) is of the opinion that the person has provided a satisfactory explanation for the person's failure to make the appeal within the period specified in section 50K(2) or 50M(2); and

(b) considers that it would be unjust to refuse leave to make an appeal out of time.

50O Hearings of serious offences by the Victorian Racing Tribunal

(1) If a person has been charged with a serious offence, the Victorian Racing Tribunal must hear and determine the serious offence.

(2) The person who, or the body that, has charged a person with a serious offence must provide the Victorian Racing Tribunal Registrar with the prescribed details of the charge not more than 2 days after the person charged has been given the prescribed details.



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(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of the details under subsection (2) of the charge as soon as reasonably practicable.

(4) As soon as reasonably practicable after the Chairperson receives a copy of the details of the charge under subsection (3), the Victorian Racing Tribunal must advise, in writing, the person charged with a serious offence and the person or body that charged the person of—

(a) the date and time of the hearing of the serious offence; and


Division 3—Conduct of hearings of the Victorian Racing Tribunal

50P Constitution of the Victorian Racing Tribunal to hear and determine matters

Despite section 50D(1), for the purposes of hearing and determining a matter under Division 2, the Victorian Racing Tribunal may consist of—

(a) in the case of a person charged with a serious offence without an early guilty plea—

(i) the Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or

(ii) a Deputy Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or



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(b) in the case of a person charged with an offence under the rules other than a serious offence or a person charged with a serious offence with an early guilty plea—

(i) the Chairperson sitting alone; or

(ii) a Deputy Chairperson sitting alone; or

(iii) the Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or

(iv) a Deputy Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson.

50Q Proceedings of the Victorian Racing Tribunal

(1) Subject to this Part, the Victorian Racing Tribunal—

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

(i) in the presence of the parties or representatives of the parties; or

(ii) in the presence of only some of the parties or representatives of the parties; or

(iii) without any of the parties or representatives of the parties; and

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



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

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

(e) 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

(f) 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

(g) may make interim orders; and

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

(i) is bound by the rules of natural justice; and

(j) 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

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

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

(m) may otherwise regulate its own procedure for the hearing.



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(2) 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.

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

50R Experts may assist the Victorian Racing Tribunal

(1) The Secretary to the Department may, following consultation with the Chairperson, appoint a qualified expert or a panel of qualified experts to assist the Victorian Racing Tribunal.

(2) An expert is appointed for a period specified in the expert's instrument of appointment.

(3) The Victorian Racing Tribunal may conduct the hearing wholly or partially with the assistance of an expert.

(4) The Victorian Racing Tribunal is not bound by the opinion or findings of an expert.

(5) An expert is not a member of the Victorian Racing Tribunal and does not form part of the Victorian Racing Tribunal for the purposes of the Victorian Racing Tribunal's determination on a matter following a hearing.

(6) An expert is entitled to be paid remuneration, allowances and expenses specified in the expert's instrument of appointment.

50S Power to compel production of documents and other things or attendance of witnesses



30

(1) For the purposes of the Victorian Racing Tribunal conducting a hearing, the Victorian Racing Tribunal Registrar, as directed by the Victorian Racing Tribunal, may serve or caused to be served written notice on a person requiring the person to—

(a) produce a specified document or other thing which is material to the subject matter of the hearing to the Victorian Racing Tribunal or a member of the Victorian Racing Tribunal conducting the hearing at a specified time and in the specified manner; or

(b) attend the hearing of the Victorian Racing Tribunal at a specified time and place to produce a specified document or other thing; or

(c) attend the hearing of the Victorian Racing Tribunal at a specified time and place, and from then on from day to day until excused, to give evidence; or

(d) attend the hearing of the Victorian Racing Tribunal at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.

(2) A written notice under subsection (1) in relation to a hearing of the Victorian Racing Tribunal—

(a) must contain the following information—

(i) a statement outlining the consequences of failing to comply with the notice;



31

(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;

(iii) how the person may object to the notice; and

(b) must be served in accordance with section 50T.

(3) A person whose attendance has been required by a notice under subsection (1) is required to attend at the time and place to which the hearing is adjourned or postponed without the issue or service of any further notice.

50T Service of notice under section 50S or 50U

(1) Subject to subsection (2), a notice under section 50S or 50U, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.

(2) The Victorian Racing Tribunal Registrar may, as directed by the Victorian Racing Tribunal, serve a notice under section 50S requiring immediate attendance by a person if—

(a) the Victorian Racing Tribunal considers on reasonable grounds that a delay in the person's attendance is likely to result in—

(i) evidence being lost or destroyed; or

(ii) the commission of an offence; or

(iii) the escape of the person on whom the notice is served; or



32

(iv) serious prejudice to the conduct of the hearing to which the notice relates; or

(b) the person on whom the notice is served consents to immediate attendance.

(3) A notice under section 50S or 50U directed to a natural person must be served by serving a copy of the notice on the person personally.

(4) A notice under section 50S or 50U directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.

(5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

50U Variation or revocation of notice under section 50S

(1) A person on whom a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal has been served may make a claim to the Victorian Racing Tribunal—

(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or

(b) in the case of a notice to produce, or a notice to attend and produce specified documents or things, that a document or other thing specified in the notice is not relevant to the subject matter of the hearing.



33

(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Victorian Racing Tribunal if the information—

(a) is the subject of parliamentary privilege; or

(b) is the subject of legal professional privilege; or

(c) is the subject of public interest immunity; or

(d) is prohibited from disclosure by a court order; or

(e) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Victorian Racing Tribunal; or

(f) is prohibited from disclosure by a provision of another prescribed enactment.

(3) If the Victorian Racing Tribunal is satisfied that the person's claim is made out, the Victorian Racing Tribunal, by further written notice served on the person, may vary or revoke the notice.

(4) In addition to subsection (3), the Victorian Racing Tribunal, by further written notice served on a person may, at any time, vary or revoke a notice to produce or notice to attend served on the person.

(5) A notice varying or revoking a notice to produce or notice to attend under subsection



34

(3) or (4) must be served in accordance with section 50T.

50V Failure to comply with notice to produce or attend

(1) If the Victorian Racing Tribunal is satisfied that a person has, without reasonable excuse, failed to comply with a notice to produce or notice to attend in relation to a hearing of the Victorian Racing Tribunal, the Victorian Racing Tribunal may apply to the Supreme Court for an order under this section.

(2) On an application under subsection (1), the Supreme Court may order the person to comply with the notice or requirement within the period specified by the Court.

50W Directions

(1) The Victorian Racing Tribunal may give directions at any time in a proceeding before the Victorian Racing Tribunal and do whatever is necessary for the expeditious and fair hearing and determination of a proceeding.

(2) The Victorian Racing Tribunal may give directions in accordance with subsection (1) that require a person to produce a document or provide information despite the provision of another enactment that prohibits the disclosure of the document or information or imposes a duty of confidentiality on the person in relation to the document or information.

(3) The power of the Victorian Racing Tribunal to give directions under subsection (1) may



35

be exercised by any member of the Victorian Racing Tribunal.

50X Dealing with questions of law in hearings of the Victorian Racing Tribunal

(1) A question of law arising in a hearing must be decided by the Chairperson or a Deputy Chairperson.

(2) In this section, question of law includes a question of mixed law and fact.

50Y Evidence in hearings of the Victorian Racing Tribunal

(1) The Victorian Racing Tribunal must allow a party a reasonable opportunity—

(a) to call or give evidence; and

(b) to examine, cross-examine or re-examine witnesses; and

(c) to make submissions to the Victorian Racing Tribunal.

(2) Despite subsection (1), the Victorian Racing Tribunal may refuse to allow a party to call evidence on a matter if the Victorian Racing Tribunal considers that there is already sufficient evidence in relation to the matter before the Victorian Racing Tribunal.

(3) Evidence in a proceeding before the Victorian Racing Tribunal may be given—

(a) orally or in writing; or

(b) by telephone, closed circuit television or video link; or



36

(c) by a steward or an investigator from the notes of evidence made by the steward or the investigator.

(4) The Victorian Racing Tribunal may require a person, whether in accordance with a notice under section 50S or otherwise, to give evidence or answer questions on oath or affirmation.

(5) The Victorian Racing Tribunal, a member of the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar may administer an oath or affirmation to a person for the purposes of subsection (4).

50Z Chairperson or Deputy Chairpersons may authorise a person to take evidence

(1) The Chairperson or a Deputy Chairperson may authorise, in writing, a person (whether or not that person is a member of the Victorian Racing Tribunal) to take evidence on behalf of the Victorian Racing Tribunal for the purposes of any proceeding.

(2) A person may take evidence on behalf of the Victorian Racing Tribunal under this section outside Victoria if this is authorised by the Chairperson or a Deputy Chairperson.

(3) The Chairperson or a Deputy Chairperson may give directions as to the taking of evidence under this section.

(4) If a person who is not a member of the Victorian Racing Tribunal is authorised to take evidence under this section, the person has all of the powers a member of the



37

Victorian Racing Tribunal has in relation to the taking of evidence.

(5) Evidence taken under this section—

(a) is deemed to be evidence given to the Victorian Racing Tribunal; and

(b) in the case of evidence taken outside Victoria, is deemed to have been given in Victoria.

50ZA Retention of documents and exhibits

(1) The Victorian Racing Tribunal may retain—

(a) for a reasonable period and make copies of, or take extracts from, any document produced to the Victorian Racing Tribunal in the course of a hearing; or

(b) for a reasonable period any exhibit or thing produced to the Victorian Racing Tribunal in the course of a hearing.

(2) If—

(a) the Victorian Racing Tribunal makes a copy of a document referred to in subsection (1)(a); and

(b) a member of the Victorian Racing Tribunal certifies the copy to be a true copy of the original—

the certified copy is admissible in evidence before any court, tribunal or other person acting judicially as if it were the original.



38

50ZB Protection of parties and members of Victorian Racing Tribunal

(1) A member of the Victorian Racing Tribunal has, in respect of the performance of the member's functions as a member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(2) A person legally representing a party in a proceeding before the Victorian Racing Tribunal has the same protection and immunity as an Australian lawyer has in representing a party in a proceeding in the Supreme Court.

(3) A party to a proceeding before the Victorian Racing Tribunal has the same protection and immunity as a party has in a proceeding in the Supreme Court.

(4) A person who gives information or evidence, or produces a document to the Victorian Racing Tribunal has the same protection and immunity as a witness has in a proceeding in the Supreme Court.

(5) A person taking evidence on behalf of the Victorian Racing Tribunal under section 50Z has, in the performance of the person's functions under that section, the same protection and immunity as a member of the Victorian Racing Tribunal.

(6) An expert who assists the Victorian Racing Tribunal has, in the performance of the expert's functions, the same protection and immunity as a member of the Victorian Racing Tribunal.

50ZC Service of documents by the Victorian Racing Tribunal



39

(1) For the purposes of this Part, a document (other than a notice under section 50S or 50U) may be served on or given to—

(a) a natural person—

(i) by delivering it personally to the person; or

(ii) by sending it to the person by post at the person's usual or last known residential or business address, by facsimile or by other electronic communication; or

(iii) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 18 years old and apparently residing or employed there; or

(b) a body corporate—

(i) by delivering it personally to the registered office of the body corporate; or

(ii) by sending it by post, facsimile or other electronic communication to the registered office of the body corporate; or

(iii) in any other way that service of documents may be effected on a body corporate; or

(c) an incorporated association within the meaning of the Associations Incorporation Reform Act 2012, in accordance with section 217 of that Act; or

(d) an unincorporated association—



40

(i) by delivering it personally to the president, secretary or other similar officer of the association; or

(ii) by sending it by post to the president, secretary or other similar officer of the association at that president's, secretary's or other officer's usual or last known residential or business address or by facsimile or other electronic communication; or

(e) in any other case—

(i) in a manner permitted by the rules; or

(ii) in a manner directed by the Victorian Racing Tribunal.

(2) Subsection (1)(b) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

50ZD When is service effected?

(1) For the purposes of section 50ZC, a document is taken to have been served on, or given to, a natural person, body corporate, incorporated association or an unincorporated association—

(a) in the case of a delivery in person—at the time the document is delivered; or

(b) in the case of posting—2 business days after the day on which the document was posted; or



41

(c) in the case of facsimile or other electronic communication—in accordance with the Electronic Transactions (Victoria) Act 2000.

(2) If a facsimile or other electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day.

(3) In this section—

business day means a day other than—

(a) a Saturday or Sunday; or

(b) a day appointed under the Public Holidays Act 1993 as a public holiday in the place where the document is sent or delivered.

Division 4—Determinations of the Victorian Racing Tribunal

50ZE Determinations of the Victorian Racing Tribunal

(1) In the determination of any matter before the Victorian Racing Tribunal, the Victorian Racing Tribunal may—

(a) decide all questions of fact; and

(b) make any decision or order that the Victorian Racing Tribunal considers is required in the interests of justice, including the imposition of any penalty under the rules.

(2) In determining an appeal under section 50K, 50L or 50M, the Victorian Racing Tribunal may—

(a) affirm, set aside or vary the decision that is the subject of the appeal; or



42

(b) quash, set aside, mitigate, reduce, vary or increase the penalty imposed on the appellant under the rules; or

(c) refer the matter back for reconsideration by the person who, or body that, made the decision that is the subject of the appeal.

50ZF Victorian Racing Tribunal to provide written statement of reasons for determinations on request

(1) After the Victorian Racing Tribunal has made a determination under section 50ZE, a party to a proceeding may request that the Victorian Racing Tribunal provide a written statement of reasons for its determination.

(2) A request under subsection (1) must be made within 28 days after the date of the Victorian Racing Tribunal's determination.

(3) After receiving a request made under subsection (1), the Victorian Racing Tribunal must provide a written statement of reasons within 28 days of the request.

(4) A written statement of reasons must set out—

(a) the reasons for the Victorian Racing Tribunal's determination; and

(b) the Victorian Racing Tribunal's findings on material questions of fact that led to the determination, referring



43

to the evidence or other material on which those findings were based.

(5) A written statement of reasons must form part of the record of the proceeding in respect of which the determination was made.

Division 5—Offences 50ZG Offence to fail to comply with a notice to

produce or attend

A person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse, fail to comply with the notice.


50ZH Offence to fail to take oath, make affirmation or answer question

A person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse—

(a) refuse or fail to take an oath or make an affirmation when required to do so; or

(b) refuse or fail to answer a question that the person is required to answer by the Victorian Racing Tribunal.




44

50ZI Offence to make false or misleading statements or produce false or misleading documents or other things

(1) A person must not make a statement to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular.


(2) A person must not produce a document or other thing to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular unless the person—

(a) indicates to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar the respect in which it is false or misleading; and

(b) to the extent practicable, provides the correct information.


50ZJ Privilege against self-incrimination does not apply

(1) It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or to produce a document to the Victorian Racing Tribunal on the ground that the information or document might tend to incriminate the person or make the person liable to a penalty.



45

(2) If a person claims, before giving information or producing a document to the Victorian Racing Tribunal, that the information or document might tend to incriminate the person, the information or document is not admissible in evidence in any criminal proceeding, other than in a proceeding in respect of section 50ZI in relation to the falsity of the information given.

50ZK Contempt of the Victorian Racing Tribunal

(1) A person must not—

(a) insult, threaten or intimidate a member of the Victorian Racing Tribunal in the performance of functions or the exercise of powers as a member at a hearing before the Victorian Racing Tribunal; or

(b) repeatedly interrupt a hearing before the Victorian Racing Tribunal; or

(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Victorian Racing Tribunal is conducting a hearing; or

(d) do any other act that would, if the Victorian Racing Tribunal were the Supreme Court, constitute contempt of that Court.

Penalty: 240 penalty units or imprisonment for 2 years or both.

(2) Despite subsection (1), the Chairperson or a Deputy Chairperson may—

(a) accept an apology for a contempt; and



46

(b) remit any punishment for it either wholly or in part.

50ZL Regulations

(1) The Governor in Council may make regulations for or with respect to prescribing—

(a) forms for the purposes of this Part; and

(b) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance.".

15 Part IIIA repealed

Part IIIA of the Racing Act 1958 is repealed.

16 Heading to Part IIIB substituted

For the heading to Part IIIB of the Racing Act 1958 substitute—

"Part IIIB—the Victorian Racing Tribunal Registrar".

17 Definitions

In section 83OD of the Racing Act 1958, for the definition of serious offence substitute—

"serious offence means an offence that is a serious offence within the meaning of the rules of—

(a) Greyhound Racing Victoria; or



47

(b) Harness Racing Victoria; or

(c) Racing Victoria.".

18 Heading to section 83OE substituted

For the heading to section 83OE of the Racing Act 1958 substitute "Victorian Racing Tribunal Registrar".

19 Boards Registrar

(1) In section 83OE(1) of the Racing Act 1958—

(a) for "the Racing Appeals and Disciplinary Boards" substitute "the Victorian Racing Tribunal";

(b) for "Boards Registrar" substitute "Victorian Racing Tribunal Registrar".

(2) For section 83OE(2) of the Racing Act 1958 substitute—

"(2) The Secretary to the Department must employ a Victorian Racing Tribunal Registrar under the Public Administration Act 2004.".

20 Heading to section 83OF amended

In the heading to section 83OF of the Racing Act 1958, for "Boards Registrar" substitute "Victorian Racing Tribunal Registrar".

21 Functions of Boards Registrar

(1) In section 83OF of the Racing Act 1958, for "Boards Registrar" (wherever occurring)



48

substitute "Victorian Racing Tribunal Registrar".

(2) In section 83OF of the Racing Act 1958, for "the Racing Appeals and Disciplinary Boards" (wherever occurring) substitute "the Victorian Racing Tribunal".

(3) For section 83OF(1)(b) of the Racing Act 1958 substitute—

"(b) issue a notice under section 50S as directed by the Victorian Racing Tribunal;".

22 Heading to Part IIIBA substituted

For the heading to Part IIIBA of the Racing Act 1958 substitute—

"Part IIIBA—Review by VCAT—Decisions of the Victorian

Racing Tribunal". 23 Section 83OH substituted

For section 83OH of the Racing Act 1958 substitute—

"83OH Review by VCAT of decisions of the Victorian Racing Tribunal

(1) A person whose interests are affected by a decision made by the Victorian Racing Tribunal may apply to VCAT for review of that decision in relation to a penalty imposed on the person by the Victorian Racing Tribunal.

(2) A Steward may apply to VCAT for review of a decision made by the Victorian Racing



49

Tribunal in relation to a penalty imposed by the Victorian Racing Tribunal.Note

See clause 66N of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998.".

24 New section 95V inserted

Before section 96 of the Racing Act 1958 insert—

"95V Department may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria

(1) The Department may recover any costs in relation to the administration and operation of the Integrity Board and the Victorian Racing Tribunal from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria.

(2) If the Department proposes to recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria under subsection (1), the Department must notify, in writing, Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria.

(3) The allocation of costs to be recovered by the Department under subsection (1) between Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria may be determined by the Minister from time to time.



50

(4) The Minister must advise Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria, in writing, of any determination made under subsection (3).

(5) Details of any costs recovered by the Department under subsection (1) must be published in the Department's annual report.".

25 New Part X inserted

After section 106 of the Racing Act 1958 insert—

"Part X—Transitional provisions—Racing Amendment (Integrity and Disciplinary Structures) Act 2018

107 Definitions

commencement day means the day on which Part 3 of the 2018 Act comes into operation;

2018 Act means the Racing Amendment (Integrity and Disciplinary Structures) Act 2018.

108 Transition of Racing Appeals and Disciplinary Boards to the Victorian Racing Tribunal

(1) This section applies if immediately before the commencement day—

(a) a person is charged with a serious offence under the rules and the serious offence—



51

(i) has been part heard by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and has not been determined by the relevant Board; or

(ii) has not been heard or determined by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board; or

(b) a person has lodged an appeal against a Steward's decision with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and the appeal has not been heard or determined by the relevant Board; or

(c) any other proceeding has commenced with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and the proceeding has not been determined by the relevant Board.

(2) Despite the repeal of section 5G by the 2018 Act, the substitution of Part IIA by the 2018 Act and the repeal of Part IIIA by the 2018 Act, section 5G, Part IIA and Part IIIA as in force immediately before the commencement day continue to apply until the hearing, the appeal or the proceeding is completed by the relevant Board.



52

(3) For the purposes of this section, a member of the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board who held office as a member immediately before the commencement day continues in office as a member of the relevant Board on and after the commencement day until the hearing of the charge for the serious offence, the appeal or the proceeding is completed by the relevant Board.

109 Review of decisions of Racing Appeals and Disciplinary Boards


(a) a person whose interests are affected by a decision of a Racing Appeals and Disciplinary Board under section 83OH(1) proposes to apply to VCAT for a review of that decision; or

(b) a Steward proposes to apply to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH(2).

(2) Despite the substitution of section 83OH by the 2018 Act, the person or the Steward may apply to VCAT for review on and after the commencement day if the time limit for applying for a review under section 83OI as in force immediately before the commencement day has not expired.

(3) Despite the substitution of section 83OH by the 2018 Act, VCAT may conduct the review under the Victorian Civil and



53

Administrative Tribunal Act 1998 on and after the commencement day as if—

(a) section 83OH had not been substituted by the 2018 Act; and

(b) Part 16D of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 had not been enacted.

110 Review of decisions by VCAT


(a) a person or a Steward has applied to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH; and

(b) the review has not been finalised by VCAT.

(2) Despite the substitution of section 83OH by the 2018 Act, VCAT may continue to conduct the review under the Victorian Civil and Administrative Tribunal Act 1998 on and after the commencement day as if—

(a) section 83OH had not been substituted by the 2018 Act; and

(b) Part 16D of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 had not been enacted.".



54

Part 4—Greyhound racing26 Definitions

(1) In section 51(1) of the Racing Act 1958, after paragraph (c) in the definition of greyhound racing industry participant insert—

"(d) a person who is involved in the keeping, racing, breeding, whelping, rearing, training or pre-training of a greyhound registered in accordance with section 73A(c);".

(2) In section 51(1) of the Racing Act 1958 insert the following definition—

"prize money has the same meaning as it has in the rules;".

27 Constitution of Board

For section 69(2) of the Racing Act 1958 substitute—

"(2) The Board consists of at least 5 but not more than 7 members of whom—

(a) one member is to be the chairperson of the Board; and

(b) at least one member must have experience or expertise in animal welfare or ethics.".

28 New section 73A inserted

After section 73 of the Racing Act 1958 insert—

"73A Board may delegate functions to the chief executive officer

The Board may delegate the following functions to the chief executive officer of the Board—

(a) the employment of staff;



55

(b) the establishment of proper procedures to consult with greyhound racing industry participants and facilitate consultation amongst greyhound racing industry participants in accordance with section 75B;

(c) to register greyhounds for greyhound racing and breeding;

(d) to licence any greyhound racing industry participant in accordance with any policies developed by the Board or any conditions specified by the Board;

(e) to register any greyhound racing industry participant in accordance with any policies developed by the Board or any conditions specified by the Board.".

29 Functions of Board

After section 75(ac) of the Racing Act 1958 insert—

"(aca) to licence any greyhound racing industry participant;

(acb) to register any greyhound racing industry participant;

(acc) to develop policies in relation to licensing and registration of a greyhound racing industry participant;

(acd) to specify conditions on a greyhound racing industry participant's registration or licence;

(ace) to cancel or suspend the licence or registration of a greyhound racing industry participant;

(acf) to cancel or suspend the registration of a greyhound;



56

(acg) to impose or vary a condition of a greyhound racing industry participant's registration or licence;

(ach) to withhold prize money from a greyhound racing industry participant;".

30 Registration etc. of clubs and persons participating in greyhound racing

(1) For section 77(1)(a) of the Racing Act 1958 substitute—

"(a) licence any greyhound racing industry participant;

(ab) register any greyhound racing industry participant;".

(2) For section 77(1)(c) of the Racing Act 1958 substitute—

"(c) impose or vary conditions on a licence or registration of a greyhound racing industry participant;

(ca) suspend a licence or registration of a greyhound racing industry participant;

(cb) disqualify a greyhound racing industry participant from participating in greyhound racing;

(cc) disqualify or suspend any club from participating in greyhound racing;

(cd) disqualify or suspend any greyhound from participating in greyhound racing;".

(3) After section 77(1)(da) of the Racing Act 1958 insert—

"(db) determine whether an individual is a fit and proper person to participate in greyhound racing;".



57

(4) For section 77(2) of the Racing Act 1958 substitute—

"(2) A steward of the Board or of a registered club who is authorised in writing by the Board or the club (as the case requires) may, in accordance with the rules and subject to the Board's approval, take the following action in relation to a greyhound or a greyhound racing industry participant who contravenes the rules—

(a) impose a fine on the greyhound racing industry participant; or

(b) disqualify or suspend the greyhound or the greyhound racing industry participant from participating in greyhound racing; or

(c) impose a fine under paragraph (a) and disqualify or suspend the greyhound or the greyhound racing industry participant from participating in greyhound racing; or

(d) cancel or suspend the registration of the greyhound racing industry participant; or

(e) cancel or suspend the registration of the greyhound; or

(f) impose or vary a condition of the greyhound racing industry participant's registration or licence; or

(g) impose or vary a condition of the registration of the greyhound; or

(h) give directions to the greyhound racing industry participant; or

(i) withhold prize money from the greyhound racing industry participant.".



58

31 New section 77AA inserted

Before section 77A of the Racing Act 1958 insert—

"77AA Registration of racing greyhounds

A racing greyhound must be registered with the Board until the greyhound retires from the greyhound racing industry.".

32 Member of Board etc. may enter and inspect etc.

(1) For section 77A(1) and (2) of the Racing Act 1958 substitute—

"(1) Subject to this section, a member of the Board or an officer authorised by the Board in writing for the purpose (whether generally or in any specific case) may enter the following premises for the purposes of enforcing or determining compliance with this Act and the rules—

(a) premises used by a registered greyhound club;

(b) premises used for the purpose of kennelling or breeding greyhounds;

(c) premises where greyhounds are kept, whelped, reared, educated, trained, trialled or raced.

(2) A member of the Board or an officer authorised by the Board who enters a premises under this section may do any of the following for the purposes of enforcing or determining compliance with this Act and the rules—

(a) inspect the premises and any greyhound in or on the premises;

(b) inspect, and make copies of, or take extracts from, any document kept at



59

the premises;

(c) take photographs (including audio, video or digital recordings) at the premises;

(d) take and keep samples from any greyhound;

(e) take and keep samples of any thing or any substance in or on the premises;

(f) if it is not practicable to take and keep samples of a substance under paragraph (e), take and keep containers used for the storage and administration of the substance;

(g) mark, tag or otherwise identify a greyhound on the premises.".

(2) After section 77A(6) of the Racing Act 1958 insert—

"(7) An officer authorised by the Board who is exercising any power under this section is subject to the Surveillance Devices Act 1999.".



60

Part 5—Victorian Racing Integrity Board 33 Definitions

In section 3(1) of the Racing Act 1958 insert the following definition—

"Integrity Board means the Victorian Racing Integrity Board established by section 95G;".

34 New Part IVB inserted

After Part IVA of the Racing Act 1958 insert—

"Part IVB—Victorian Racing Integrity Board

95G Establishment of the Victorian Racing Integrity Board

The Victorian Racing Integrity Board is established.

95H Functions and powers of the Integrity Board

(1) The Integrity Board has the following functions—

(a) to oversee relationships between the controlling bodies of Racing Victoria, Greyhound Racing Victoria and Harness Racing Victoria and their integrity staff;

(b) to endorse an annual integrity plan for each controlling body;

(c) to review and provide recommendations related to integrity resourcing and the integrity budgets of each controlling body;



61

(d) to advise and make recommendations to the controlling bodies relating to—

(i) integrity policy; and

(ii) participant licensing policies; and

(iii) licensing procedures;

(e) to review proposals for new or amended rules of racing as they relate to integrity and make recommendations in relation to the rules as they relate to integrity;

(f) to receive complaints made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body;

(g) subject to section 95N, to refer complaints made by a person referred to in paragraph (f) to the Racing Integrity Commissioner for investigation or investigate complaints not within the powers of the Racing Integrity Commissioner;

(h) to liaise with the Racing Integrity Commissioner and external agencies regarding integrity matters;

(i) to maintain an effective working relationship with the boards of the controlling bodies;

(j) to consider and provide direction in relation to any form of disciplinary action that a controlling body proposes to take against a senior member of an



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integrity department in relation to internal integrity matters;

(k) to oversee the development of a memorandum of understanding or a shared services agreement between the controlling bodies;

(l) issue directions to controlling bodies regarding integrity matters.

(2) The Integrity Board has any other functions conferred on it by or under this Act or any other Act.

(3) The Integrity Board has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

95I Membership of Integrity Board

(1) The Integrity Board consists of not less than 7 and no more than 9 members appointed by the Governor in Council on the recommendation of the Minister of whom—

(a) one is to be the Chairperson; and

(b) 3 are to be Deputy Chairpersons.

(2) The Chairperson must be a person who is an Australian lawyer with not less than 7 years experience as an Australian lawyer.

(3) The Deputy Chairpersons must be persons whom the Minister believes have the requisite knowledge of the relevant racing code being—

(a) a Deputy Chairperson with knowledge in greyhound racing; and

(b) a Deputy Chairperson with knowledge in harness racing; and



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(c) a Deputy Chairperson with knowledge in thoroughbred racing.

(4) The other members of the Integrity Board must be persons who the Minister believes have the skills, experience and knowledge necessary to assist the Board to carry out its functions.

(5) The following persons are not eligible for appointment as a member of the Integrity Board—

(a) a person who is a current director, board member or employee of a controlling body or a racing club;

(b) a person who has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse;

(c) a person who is registered or licensed by a controlling body under the rules.

95J Terms and conditions of office

(1) A member of the Integrity Board holds office—

(a) for a term not exceeding 4 years specified in the member's instrument of appointment; and

(b) on the terms and conditions specified in the member's instrument of appointment.

(2) A member of the Integrity Board is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment.



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(3) A member of the Integrity Board is eligible for reappointment.

95K Vacancies, resignations and removal from office

(1) The office of a member of the Integrity Board becomes vacant if—

(a) the member's term expires and the member is not reappointed; or

(b) the member becomes a director, board member or employee of a controlling body or a racing club; or

(c) the member has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or

(d) the member is registered or licensed by a controlling body under the rules; or

(e) the member resigns; or

(f) the member is unable to perform the functions and duties of the office for any reason; or

(g) the member is removed from office under subsection (3).

(2) A member may resign by delivering a signed letter of resignation to the Minister.

(3) Subject to subsection (4), on the recommendation of the Minister, the Governor in Council may remove a member from office.

(4) The Minister must not make a recommendation under subsection (3) unless the Minister is of the opinion that the member should be removed because—



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(a) the member's actions or behaviour are, or are likely to be, detrimental to the proper functioning of the Integrity Board; or

(b) the member is otherwise unfit to hold office.

95L Meetings of the Integrity Board

(1) The Chairperson may convene meetings of the Integrity Board.

(2) At the request of the Minister, the Chairperson must convene a meeting of the Integrity Board.

(3) At a meeting of the Integrity Board—

(a) the procedure is as determined by the Integrity Board; and

(b) the quorum is 4 members, one of whom must be the Chairperson or a Deputy Chairperson; and

(c) all questions must be decided by a majority of votes of the members present and voting.

(4) Subject to this Act, the Integrity Board may otherwise regulate its own proceedings.

95M Validity of decisions

An act or a decision of the Integrity Board is not invalid by reason only of—

(a) a defect or irregularity in, or in connection with, the appointment of the Chairperson, a Deputy Chairperson or any other member; or

(b) a vacancy in the office of a member.



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95N Integrity Board may receive, review and investigate complaints

(1) The Integrity Board may—

(a) receive a complaint made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body; and

(b) review or refer to the Racing Integrity Commissioner for investigation a complaint received under paragraph (a); and

(c) investigate any complaint not within the power of the Racing Integrity Commissioner to investigate.

(2) On receipt of a complaint, the Integrity Board must consult with the Racing Integrity Commissioner about whether the Board or the Commissioner is the appropriate body to investigate the complaint and for that purpose—

(a) the Integrity Board may disclose any relevant information to the Racing Integrity Commissioner; and

(b) the Racing Integrity Commissioner may disclose any relevant information to the Integrity Board.

(3) The Racing Integrity Commissioner may provide guidance to the Integrity Board in relation to the nature or investigation of a complaint.



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95O Controlling body to provide information to Integrity Board

(1) For the purposes of section 95N, the Integrity Board, by written notice, may direct a controlling body to provide to the Board any information relevant to the complaint, or the review or investigation of the complaint by the Board.

(2) A controlling body which receives a direction under subsection (1) must provide the required information to the Integrity Board within the time required by the Board in the direction.

(3) The Integrity Board may provide information obtained under this section to the Racing Integrity Commissioner.

95P Integrity Board may give directions to controlling body in relation to failure to comply with recommendation

(1) If a controlling body fails to comply with a recommendation given to the body by the Integrity Board in relation to any matter, the Integrity Board may issue a written direction to the controlling body requiring compliance with the recommendation.

(2) A controlling body which has received a written direction under subsection (1) must comply with the direction.

95Q Integrity Board may refer complaint to Racing Integrity Commissioner

(1) The Integrity Board may refer any complaint referred to in section 95N to the Racing Integrity Commissioner for investigation.

(2) If the Integrity Board refers a complaint to the Racing Integrity Commissioner under



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subsection (1), the Board—

(a) must cease its review or investigation of the complaint; and

(b) must provide any evidence or information relating to the complaint in the Board's possession to the Racing Integrity Commissioner.

(3) On a referral under subsection (1), the Racing Integrity Commissioner must determine whether the complaint falls within the powers of the Racing Integrity Commissioner to investigate and—

(a) if the complaint is within the Commissioner's power to investigate, must investigate the complaint under Part IA; or

(b) if the complaint is not within the Commissioner's power to investigate, must refer it back to the Integrity Board for investigation by the Board under section 95N.

95R Controlling body to prepare and submit annual integrity plan to Integrity Board for endorsement

(1) Each controlling body must prepare and submit an annual integrity plan to the Integrity Board for endorsement by the Board.

(2) The Integrity Board—

(a) may require the controlling body to provide further information regarding an annual integrity plan submitted to the Board; and

(b) may make recommendations in relation to an annual integrity plan; and



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(c) may require the controlling body to make any changes to the annual integrity plan that the Board requires; and

(d) may endorse the annual integrity plan of a controlling body if satisfied that the plan is in the best interests of the industry.

95S Integrity Board to advise Minister of certain matters

(1) Subject to subsection (2), the Integrity Board may advise the Minister of any failure by a controlling body—

(a) to prepare and submit an annual integrity plan to the Board for endorsement under section 95R; or

(b) to consider, respond to or implement a recommendation made by the Board to that controlling body; or

(c) to comply with a direction of the Board.

(2) Before advising the Minister of a failure referred to in subsection (1), the Integrity Board must—

(a) notify the controlling body of the Board's intention to advise the Minister of the failure of the controlling body; and

(b) advise the controlling body that the controlling body, within 14 days of receiving the notification made under paragraph (a), may respond in writing to the Board in respect of that notification.

(3) The Integrity Board must provide the Minister with any written response made by



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the controlling body under subsection (2)(b).

95T Integrity Board's annual report

The Integrity Board must provide an annual report on its operations for the reporting year to the Minister by no later than 30 September in the following year.

95U Minister to table Integrity Board's annual report before Parliament

The Minister must cause a copy of the Integrity Board's annual report on its operations to be laid before each House of the Parliament within 7 sitting days after the Minister receives the report.".



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Part 6—Amendment of the Victorian Civil and Administrative Tribunal Act 199835 Schedule 1 amended

After clause 66M of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert—

"Part 16D—Racing Act 195866N Tribunal bound by findings of fact made

by Victorian Racing Tribunal

Despite section 51, in determining a proceeding for review of a decision of the Victorian Racing Tribunal under section 83OH of the Racing Act 1958 in relation to a penalty imposed by the Victorian Racing Tribunal, the Tribunal is bound by the findings of fact that were made by the Victorian Racing Tribunal.".



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Part 7—Repeal of amending Act36 Repeal of amending Act

This Act is repealed on 1 August 2020.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 20 June 2018

Legislative Council: 26 July 2018

The long title for the Bill for this Act was "A Bill for an Act to amend the Racing Act 1958 to establish a Victorian Racing Integrity Board, to establish the Victorian Racing Tribunal for all codes of racing, to provide for greater transparency and enhanced integrity in the control of racing industries, to consequentially amend the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes."

racing amendment (integrity and disciplinary structures ...file/18-037a.docx · web viewocpc...

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