{"id":"nsw:act-1983-199","name":"Racing Appeals Tribunal Act 1983","slug":"racing-appeals-tribunal-act-1983","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"199 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107842,"registerId":"nsw-act-1983-199-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Racing Appeals Tribunal Act 1983](/view/html/inforce/current/act-1983-199).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > Appeal Panel means the Appeal Panel under the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037).\n> > \n> > court includes the Industrial Relations Commission of New South Wales.\n> > \n> > HRNSW means Harness Racing New South Wales constituted under the [Harness Racing Act 2009](/view/html/inforce/current/act-2009-020).\n> > \n> > qualified person means a judge of any court in New South Wales, a retired judge of any court (whether or not in New South Wales) or a person qualified to be appointed as a Judge of the District Court.\n> > \n> > racing association has the meaning given by the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037).\n> > \n> > Racing NSW means Racing New South Wales.\n> > \n> > regulation means a regulation made under this Act.\n> > \n> > Tribunal means the Racing Appeals Tribunal constituted by this Act.\n> \n> > (2) In this Act, a reference to—\n> > \n> > > (a) a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.\n> \n> **s 4:** Am 1985 No 35, Sch 1 (1); 1989 No 59, Sch 1 (1); 1996 No 37, Sch 2.5 \\[2\\] \\[3\\]; 1996 No 121, Sch 4.43; 1997 No 24, Sch 2.4 \\[2\\]–\\[4\\]; 2004 No 23, Sch 2.1 \\[1\\]–\\[3\\]; 2009 No 21, Sch 1 \\[2\\] \\[3\\]; 2017 No 13, Sch 7.10 \\[2\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of Racing Appeals Tribunal","content":"# Part 2 Constitution of Racing Appeals Tribunal\n\nPart 2 Constitution of Racing Appeals Tribunal","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Racing Appeals Tribunal","content":"#### 5 Racing Appeals Tribunal\n\n5 Racing Appeals Tribunal\n\n> There is hereby constituted a tribunal under the name of the “Racing Appeals Tribunal”.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Appointment of Tribunal","content":"#### 6 Appointment of Tribunal\n\n6 Appointment of Tribunal\n\n> The Minister may, upon the recommendation of the Attorney General, appoint a qualified person as the Tribunal.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Appointment of acting Tribunal","content":"#### 7 Appointment of acting Tribunal\n\n7 Appointment of acting Tribunal\n\n> > (1) The Minister may from time to time, on the recommendation of the Attorney General, appoint qualified persons to act as the Tribunal—\n> > \n> > > (a) during the illness or absence of the person appointed as the Tribunal, or\n> > \n> > > (b) during a vacancy in the office of the Tribunal, or\n> > \n> > > (c) on the occasions or in respect of the appeals as the person appointed as the Tribunal directs.\n> \n> > (1A) The Minister, when appointing a qualified person to act as the Tribunal, is to determine the person’s place in the order of seniority of persons appointed under this section.\n> \n> > (2) A qualified person while acting as the Tribunal shall be deemed to be the Tribunal.\n> \n> > (3) More than one sitting of the Tribunal may be held at the same time, but the person appointed as the Tribunal and a person appointed to act as the Tribunal shall not sit on the same appeal.\n> \n> **s 7:** Subst 1986 No 16, Sch 12. Am 2004 No 23, Sch 2.1 \\[4\\]; 2019 No 12, Sch 4\\[1\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8 (Repealed)","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Tribunal may appoint expert assessor","content":"#### 8A Tribunal may appoint expert assessor\n\n8A Tribunal may appoint expert assessor\n\n> > (1) The Tribunal may appoint a person with relevant knowledge, expertise and experience as an assessor to help the Tribunal in relation to a particular proceeding.\n> \n> > (2) An appointment of an assessor is to be made in writing.\n> \n> > (3) The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) does not apply to or in respect of an assessor.\n> \n> > (4) An assessor is entitled to be paid the remuneration (including allowances) determined by the Tribunal (in consultation with the relevant racing controlling body) and specified in the assessor’s instrument of appointment.\n> \n> > (5) In this section—\n> > \n> > racing controlling body has the same meaning as in the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114).\n> \n> **s 8A:** Ins 1985 No 35, Sch 1 (3). Subst 2009 No 21, Sch 1 \\[5\\]; 2019 No 12, Sch 4\\[2\\].","sortOrder":12},{"sectionNumber":"8B","sectionType":"section","heading":null,"content":"#### 8B\n\n8B, 9 (Repealed)","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Term of office","content":"#### 10 Term of office\n\n10 Term of office\n\n> Subject to this Act, a person appointed as—\n> \n> > (a) the Tribunal, or\n> \n> > (b) (Repealed)\n> \n> shall hold office for such period, not exceeding 3 years, as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.\n> \n> **s 10:** Subst 1985 No 35, Sch 1 (4). Am 2009 No 21, Sch 1 \\[7\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Effect of appointment of a judge as the Tribunal","content":"#### 11 Effect of appointment of a judge as the Tribunal\n\n11 Effect of appointment of a judge as the Tribunal\n\n> > (1) The appointment of a person who is a judge of any court as, or to act as, the Tribunal shall not, nor shall the person’s service as the Tribunal, affect the person’s tenure of the office of judge of that court or the person’s rank, title, status, precedence, salary or other rights or privileges as a holder of that office.\n> \n> > (2) A judge of any court may, notwithstanding that he or she holds office as, or acts as, the Tribunal, exercise the functions of a judge of that court.\n> \n> > (3) The service, as the Tribunal, of a judge of any court shall, for all purposes, be taken to be service as a judge of that court.\n> \n> **s 11:** Am 1985 No 35, Sch 1 (5).","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Remuneration","content":"#### 12 Remuneration\n\n12 Remuneration\n\n> A person (not being a judge of any court) holding office as, or acting as, the Tribunal is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.\n> \n> **s 12:** Subst 1985 No 35, Sch 1 (6); 2009 No 21, Sch 1 \\[8\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Vacation of office","content":"#### 13 Vacation of office\n\n13 Vacation of office\n\n> > (1) A person (being a judge of any court) holding office as the Tribunal shall be deemed to have vacated that office if the person—\n> > \n> > > (a) ceases to be a judge of that court, or\n> > \n> > > (b) resigns that office by instrument in writing addressed to the Minister.\n> \n> > (2) A person (not being a judge of any court) holding office as the Tribunal shall be deemed to have vacated that office if the person—\n> > \n> > > (a) dies,\n> > \n> > > (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,\n> > \n> > > (c) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the [Mental Health Act 1958](/view/pdf/asmade/act-1958-45) or a person under detention under Part 7 of that Act,\n> > \n> > > (d) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable,\n> > \n> > > (e) resigns that office by instrument in writing addressed to the Minister, or\n> > \n> > > (f) (Repealed)\n> > \n> > > (g) is removed from office by the Minister under subsection (3).\n> \n> > (3) The Minister may remove from office—\n> > \n> > > (a) a person (not being a judge of any court) holding office as, or appointed to act as, the Tribunal, or\n> > \n> > > (b) (Repealed)\n> \n> **s 13:** Am 1985 No 35, Sch 1 (7); 1989 No 59, Sch 1 (3); 2009 No 21, Sch 1 \\[9\\] \\[10\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Effect of certain other Acts","content":"#### 14 Effect of certain other Acts\n\n14 Effect of certain other Acts\n\n> > (1) The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) does not apply to or in respect of the appointment of a person as, or to act as, the Tribunal and a person holding office as, or acting as, the Tribunal is not, as the Tribunal, subject to that Act.\n> \n> > (2) The office of the Tribunal shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.\n> \n> **s 14:** Am 1985 No 35, Sch 1 (8); 2009 No 21, Sch 1 \\[11\\]; 2015 No 15, Sch 3.51 \\[1\\].","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Appeals to Tribunal","content":"# Part 3 Appeals to Tribunal\n\nPart 3 Appeals to Tribunal","sortOrder":20},{"sectionNumber":"Division 1","sectionType":"division","heading":"Appeals relating to thoroughbred racing","content":"## Division 1 Appeals relating to thoroughbred racing\n\nDivision 1 Appeals relating to thoroughbred racing\n\n**pt 3, div 1, hdg:** Ins 2009 No 21, Sch 1 \\[12\\].","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Appeals to Tribunal","content":"#### 15 Appeals to Tribunal\n\n15 Appeals to Tribunal\n\n> > (1) A person who is aggrieved by any of the following decisions may, in accordance with the regulations, appeal against the decision to the Tribunal—\n> > \n> > > (a) a decision of the Appeal Panel on an appeal under the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037),\n> > \n> > > (b) a decision of a racing association on an appeal heard by virtue of a delegation of Racing NSW under the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037),\n> > \n> > > (c) a decision in respect of which an appeal is made to the Appeal Panel or a racing association under the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037) but that the Appeal Panel or racing association neglects or refuses to hear and determine,\n> > \n> > > (d) a decision of Racing NSW.\n> \n> > (2) Racing NSW may, in accordance with the regulations, appeal to the Tribunal against the following decisions—\n> > \n> > > (a) a decision of the Appeal Panel on an appeal under the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037),\n> > \n> > > (b) a decision of a racing association on an appeal heard by virtue of a delegation by Racing NSW under the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037),\n> > \n> > > (c) a decision in respect of which an appeal is made to the Appeal Panel or a racing association under the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037) but that the Appeal Panel or racing association neglects or refuses to hear and determine.\n> \n> **s 15:** Am 1996 No 37, Sch 2.5 \\[4\\] \\[5\\]; 1997 No 24, Sch 2.4 \\[5\\]–\\[7\\]; 1998 No 66, Sch 2 \\[1\\]. Subst 2004 No 23, Sch 2.1 \\[5\\].","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Appeals relating to greyhound racing or harness racing","content":"## Division 2 Appeals relating to greyhound racing or harness racing\n\nDivision 2 Appeals relating to greyhound racing or harness racing\n\n**pt 3, div 2:** Ins 2009 No 21, Sch 1 \\[13\\].","sortOrder":23},{"sectionNumber":"15A","sectionType":"section","heading":"Appeals to Tribunal relating to greyhound racing","content":"#### 15A Appeals to Tribunal relating to greyhound racing\n\n15A Appeals to Tribunal relating to greyhound racing\n\n> > (1) Any person who is aggrieved by any of the following decisions may, in accordance with the regulations, appeal against the decision to the Tribunal—\n> > \n> > > (a) a decision of a greyhound racing club within the meaning of the [Greyhound Racing Act 2017](/view/html/inforce/current/act-2017-013),\n> > \n> > > (b) a decision of a steward appointed by the Greyhound Welfare and Integrity Commission.\n> \n> > (2) Any of the following persons or bodies that are aggrieved by any decision of the Greyhound Welfare and Integrity Commission or Greyhound Racing New South Wales may, in accordance with the regulations, appeal against the decision to the Tribunal—\n> > \n> > > (a) any person,\n> > \n> > > (b) a greyhound racing club within the meaning of the [Greyhound Racing Act 2017](/view/html/inforce/current/act-2017-013).\n> \n> **s 15A:** Ins 2009 No 21, Sch 1 \\[13\\]. Subst 2017 No 13, Sch 7.10 \\[3\\].","sortOrder":24},{"sectionNumber":"15B","sectionType":"section","heading":"Appeals to Tribunal relating to harness racing","content":"#### 15B Appeals to Tribunal relating to harness racing\n\n15B Appeals to Tribunal relating to harness racing\n\n> > (1) A person who is aggrieved by any of the following decisions may, in accordance with the regulations, appeal against the decision to the Tribunal—\n> > \n> > > (a) a decision of the Appeal Panel on an appeal under the [Harness Racing Act 2009](/view/html/inforce/current/act-2009-020),\n> > \n> > > (b) a decision for which an appeal is properly made to the Appeal Panel under the [Harness Racing Act 2009](/view/html/inforce/current/act-2009-020) if the Appeal Panel—\n> > > \n> > > > (i) neglects or refuses to hear the appeal or\n> > > \n> > > > (ii) fails to make a decision on the appeal,\n> > \n> > > (c) a decision of HRNSW.\n> \n> > (2) HRNSW may, in accordance with the regulations, appeal to the Tribunal against a decision referred to in subsection (1)(a) or (b).\n> \n> **s 15B:** Ins 2009 No 21, Sch 1 \\[13\\]. Subst 2022 No 22, Sch 4\\[1\\].","sortOrder":25},{"sectionNumber":"Division 3","sectionType":"division","heading":"Procedure and regulations relating to appeals","content":"## Division 3 Procedure and regulations relating to appeals\n\nDivision 3 Procedure and regulations relating to appeals\n\n**pt 3, div 3, hdg:** Ins 2009 No 21, Sch 1 \\[13\\].","sortOrder":26},{"sectionNumber":"16","sectionType":"section","heading":"Procedure on appeal","content":"#### 16 Procedure on appeal\n\n16 Procedure on appeal\n\n> > (1) An appeal to the Tribunal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision appealed against was made, may be given on the appeal.\n> \n> > (2) Proceedings on an appeal are to be held as in open court before the Tribunal.\n> \n> **s 16:** Subst 2004 No 23, Sch 2.1 \\[6\\].","sortOrder":27},{"sectionNumber":"16A","sectionType":"section","heading":"Persons required to attend hearings or produce documents","content":"#### 16A Persons required to attend hearings or produce documents\n\n16A Persons required to attend hearings or produce documents\n\n> > (1) The Tribunal may, by written notice served on any person, require the person to attend at a time, date and place specified in the notice for the purpose of—\n> > \n> > > (a) giving evidence relating to an appeal being heard or to be heard by the Tribunal, or\n> > \n> > > (b) producing any document, relating to such an appeal, specified in the notice that is in the person’s possession or under the person’s control.\n> \n> > (2) A person who is served with a notice under this section must not, without reasonable excuse, fail or refuse to comply with the requirements of the notice.\n> > \n> > Maximum penalty—100 penalty units or imprisonment for 6 months, or both.\n> \n> > (3) A person who is served with a notice under this section is to be given at the time of service an amount sufficient to cover the travelling and any other expenses likely to be incurred by the person in attending at the time, date and place specified in the notice.\n> \n> **s 16A:** Ins 2004 No 23, Sch 2.1 \\[6\\]. Am 2019 No 12, Sch 4\\[3\\].","sortOrder":28},{"sectionNumber":"17","sectionType":"section","heading":"Determination of appeals relating to thoroughbred racing","content":"#### 17 Determination of appeals relating to thoroughbred racing\n\n17 Determination of appeals relating to thoroughbred racing\n\n> > (1) The Tribunal may do any of the following in respect of an appeal under section 15—\n> > \n> > > (a) dismiss the appeal,\n> > \n> > > (b) confirm the decision appealed against or vary the decision by substituting any decision that could have been made by the Appeal Panel, the racing association or Racing NSW (as the case requires),\n> > \n> > > (c) refer any matter relating to the decision appealed against to the Appeal Panel, the racing association or Racing NSW for rehearing (in accordance with directions given by the Tribunal),\n> > \n> > > (d) make such other order in relation to the disposal of the appeal as the Tribunal thinks fit.\n> \n> > (2) The decision of the Tribunal is final and is taken (except for the purposes of an appeal against the decision under this Act or the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037)) to be the decision of the Appeal Panel, the racing association or Racing NSW (as the case requires).\n> \n> **s 17:** Subst 1996 No 37, Sch 2.5 \\[6\\]; 2004 No 23, Sch 2.1 \\[7\\]. Am 2009 No 21, Sch 1 \\[14\\].","sortOrder":29},{"sectionNumber":"17A","sectionType":"section","heading":"Determination of appeals relating to greyhound racing or harness racing","content":"#### 17A Determination of appeals relating to greyhound racing or harness racing\n\n17A Determination of appeals relating to greyhound racing or harness racing\n\n> > (1) The Tribunal may do any of the following in respect of an appeal under section 15A or 15B—\n> > \n> > > (a) dismiss the appeal,\n> > \n> > > (b) confirm the decision appealed against or vary the decision by substituting any decision that could have been made by the steward, club, the Greyhound Welfare and Integrity Commission, Greyhound Racing New South Wales or HRNSW (as the case requires),\n> > \n> > > (c) make such other order in relation to the disposal of the appeal as the Tribunal thinks fit.\n> \n> > (2) The decision of the Tribunal is final and is taken to be a decision of the person or body whose decision is the subject of the appeal.\n> \n> **s 17A:** Ins 2009 No 21, Sch 1 \\[15\\]. Am 2017 No 13, Sch 7.10 \\[4\\].","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":"Regulations respecting appeals","content":"#### 18 Regulations respecting appeals\n\n18 Regulations respecting appeals\n\n> > (1) The regulations may make provision for or with respect to appeals to the Tribunal under this Act and, in particular, for or with respect to—\n> > \n> > > (a) the procedures to be followed at or in connection with any appeals under this Act,\n> > \n> > > (b) the suspension of a decision appealed against under this Act pending the determination of the appeal,\n> > \n> > > (c) the payment of fees and costs in respect of appeals under this Act, and\n> > \n> > > (d) any matters incidental to or connected with appeals under this Act.\n> \n> > (2) Without affecting the generality of subsection (1), the regulations may—\n> > \n> > > (a) prescribe classes of matters in respect of which appeals may not be made under this Act, or\n> > \n> > > (b) provide that no appeals may be made under this Act except in respect of prescribed classes of matters.","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":32},{"sectionNumber":"19","sectionType":"section","heading":"Staff to assist Tribunal","content":"#### 19 Staff to assist Tribunal\n\n19 Staff to assist Tribunal\n\n> > (1) For the purposes of this Act, the Tribunal may, with the approval of the Minister, make use of the services of—\n> > \n> > > (a) any members of staff of a racing controlling body, or\n> > \n> > > (b) any person employed in a Public Service agency responsible to the Minister.\n> \n> > (2) The Minister may, by order in writing, direct a racing controlling body to make available for the use of the Tribunal, in such manner as may be specified in the order, the services of any members of staff of the racing controlling body.\n> \n> > (3) A racing controlling body shall not fail or refuse to comply with an order under subsection (2).\n> > \n> > Maximum penalty (subsection (3)): 5 penalty units.\n> \n> > (4) In this section—\n> > \n> > racing controlling body has the same meaning as in the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114).\n> \n> **s 19:** Am 1992 No 112, Sch 1; 1996 No 37, Sch 2.5 \\[7\\]–\\[9\\]; 1997 No 24, Sch 2.4 \\[8\\]; 2004 No 23, Sch 2.1 \\[8\\]; 2015 No 15, Sch 3.51 \\[2\\] \\[3\\]; 2019 No 12, Sch 4\\[4\\]–\\[8\\].","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Expenses of Tribunal","content":"#### 20 Expenses of Tribunal\n\n20 Expenses of Tribunal\n\n> > (1) Unless the Minister otherwise determines, the expenses (including remuneration payable to an expert under section 8A or payable under section 12) incurred by the Tribunal in the exercise of the functions of the Tribunal under this Act are to be met—\n> > \n> > > (a) by Racing NSW in relation to an appeal to the Tribunal under section 15, or\n> > \n> > > (b) for an appeal to the Tribunal under section 15A about a decision—\n> > > \n> > > > (i) of Greyhound Racing New South Wales—by Greyhound Racing New South Wales, or\n> > > \n> > > > (ii) of the Greyhound Welfare and Integrity Commission—by the Commission, or\n> > \n> > > (c) by HRNSW in relation to an appeal to the Tribunal under section 15B.\n> \n> > (2) If Racing NSW, Greyhound Racing New South Wales or HRNSW fails to meet any expenses it is required to meet under subsection (1), the Minister may recover the amount of those expenses from Racing NSW, Greyhound Racing New South Wales or HRNSW (as the case may be) as a debt in any court of competent jurisdiction.\n> \n> **s 20:** Am 1997 No 24, Sch 2.4 \\[8\\]; 2004 No 23, Sch 2.1 \\[8\\]. Subst 2009 No 21, Sch 1 \\[16\\]. Am 2017 No 13, Sch 7.10 \\[5\\]; 2022 No 22, Sch 4\\[2\\].","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Service of documents","content":"#### 21 Service of documents\n\n21 Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on any person may be served by any of the following methods—\n> > \n> > > (a) in the case of an individual—by personal delivery to the person,\n> > \n> > > (b) by post to the address specified by the person for the service of documents of that kind,\n> > \n> > > (c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,\n> > \n> > > (d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,\n> > \n> > > (e) by email to an email address specified by the person for the service of documents of that kind,\n> > \n> > > (f) by any other method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person by any other method.\n> \n> > (3) In this section, serve includes give or send.\n> \n> **s 21:** Rep 1985 No 35, Sch 1 (9). Ins 2004 No 23, Sch 2.1 \\[9\\]. Subst 2019 No 12, Sch 4\\[9\\].","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Proceedings for offences","content":"#### 22 Proceedings for offences\n\n22 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations may be taken before the Local Court.\n> \n> **s 22:** Am 1985 No 35, Sch 1 (10); 2007 No 94, Sch 4.","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Regulations","content":"#### 23 Regulations\n\n23 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may impose a penalty not exceeding 5 penalty units for any contravention thereof.\n> \n> > (3) A provision of a regulation may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> **s 23:** Am 1992 No 112, Sch 1.","sortOrder":37},{"sectionNumber":"24","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 24 Savings and transitional provisions\n\n24 Savings and transitional provisions\n\n> Schedule 1 has effect.\n> \n> **s 24:** Ins 1998 No 66, Sch 2 \\[2\\].","sortOrder":38},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n(Section 24)\n\n**sch 1:** Ins 1998 No 66, Sch 2 \\[3\\]. Am 2004 No 23, Sch 2.1 \\[10\\]–\\[12\\]; 2009 No 21, Sch 1 \\[17\\]–\\[21\\]; 2022 No 22, Sch 4\\[3\\].","sortOrder":39},{"sectionNumber":"9","sectionType":"section","heading":"Orders","content":"#### 9 Orders\n\n9 Orders\n\n> > (1) An order made under the former Act by the former Tribunal, being an order having effect immediately before the dissolution of the former Tribunal, is taken to be an order made by the Racing Appeals Tribunal under the corresponding provision of this Act.\n> \n> > (2) Any application for an order made to the former Tribunal under the former Act and not determined before the dissolution of the former Tribunal is to continue to be dealt with as if made under this Act (but only if there is a corresponding provision of this Act under which the order could be made).","sortOrder":52},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions consequent on enactment of Racing and Gambling Legislation Amendment Act 2022","content":"# Part 5 Provisions consequent on enactment of Racing and Gambling Legislation Amendment Act 2022\n\nPart 5 Provisions consequent on enactment of [Racing and Gambling Legislation Amendment Act 2022](/view/pdf/asmade/act-2022-22)","sortOrder":55}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 1983 to handle thoroughbred racing appeals only, the Act has significantly expanded. The 2009 amendments brought greyhound and harness racing appeals into the same Tribunal (previously handled by separate bodies), and subsequent amendments have added the Greyhound Welfare and Integrity Commission to the appeal chain. The legislation has evolved from a single-code appeal body to a unified tribunal covering all three major racing codes in NSW."},"complexity_factors":["Multiple repealed and substituted sections creating a patchwork history (sections 3, 8, 8B, 9, 10, 13, 15, 16, 17, 19, 20, 21 all show amendment histories)","Cross-references to four other major Acts (Thoroughbred Racing Act 1996, Harness Racing Act 2009, Greyhound Racing Act 2017, Betting and Racing Act 1998)","Three separate appeal pathways (thoroughbred, greyhound, harness) with slightly different rules in sections 15, 15A, and 15B","Extensive savings and transitional provisions in Schedule 1 dealing with five different amending Acts and the dissolution of previous tribunals","Conditional logic for expenses in section 20 with nested sub-paragraphs for different racing codes","Dual treatment of judges vs non-judges throughout (appointment, tenure, vacation of office, remuneration)"],"plain_english_summary":"This law creates a special court called the **Racing Appeals Tribunal** that acts as the final umpire for disputes in New South Wales horse racing, greyhound racing, and harness racing.\n\n**What it does:**\n- **Sets up the Tribunal**: A single qualified person (usually a judge or retired judge) is appointed by the Minister on the Attorney General's recommendation to hear appeals. Acting members can also be appointed to fill in when needed.\n- **Handles appeals**: People who are unhappy with decisions made by racing bodies can appeal to this Tribunal. This includes:\n  - **Thoroughbred racing**: Appeals against decisions by Racing NSW, the Appeal Panel, or racing associations.\n  - **Greyhound racing**: Appeals against decisions by greyhound racing clubs, stewards, Greyhound Racing NSW, or the Greyhound Welfare and Integrity Commission.\n  - **Harness racing**: Appeals against decisions by HRNSW (Harness Racing NSW) or its Appeal Panel.\n- **How appeals work**: Appeals are heard \"afresh\" (meaning new evidence can be presented, not just a review of the old decision). The Tribunal can dismiss the appeal, change the decision, send it back for re-hearing, or make other orders. The Tribunal's decision is final.\n- **Powers**: The Tribunal can force people to attend hearings and produce documents (with penalties for non-compliance), and can appoint expert assessors to help with technical matters.\n- **Who pays**: The racing bodies (Racing NSW, Greyhound Racing NSW, or HRNSW) pay the Tribunal's costs depending on which type of racing the appeal relates to.\n\n**Who it affects:**\n- Trainers, owners, jockeys, drivers, and anyone involved in the three racing codes who wants to challenge a decision.\n- The racing controlling bodies themselves, who can also appeal certain decisions.\n\n**Why it matters:**\nIt provides an independent, judicial-level review process for racing industry disputes, ensuring fairness while keeping these specialised matters out of the regular court system. It brings all three racing codes under one appeal body."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded from dealing with thoroughbred racing appeals (s 15) to include appeals relating to greyhound racing (s 15A, inserted 2009 and amended 2017) and harness racing (s 15B, inserted 2009 and updated 2022). Transitional provisions and Schedule 1 Parts (Part 4 and Part 5) implement transfers of pending proceedings and regulatory arrangements from formerly separate authorities to the Racing Appeals Tribunal (see Schedule 1 Parts, clauses in Part 4 and Part 5 and the inserted sections s 15A and s 15B)."},"complexity_factors":["Multiple cross-references to other Acts and external bodies (e.g. Thoroughbred Racing Act 1996, Harness Racing Act 2009, Greyhound Racing Act 2017) increasing legal interdependence (see s 4; s 15; s 15A; s 15B).","Significant delegation of procedural detail to regulations (s 18; s 23), leaving substantive practice to subordinate instruments.","Differentiated appeal paths and rules across three racing codes (thoroughbred, greyhound, harness) with separate sections and transitional provisions (s 15; s 15A; s 15B; Schedule 1 Parts).","Discretionary administrative powers concentrated with the Minister (appointment, removal, staffing directions, remuneration decisions) creating variable implementation outcomes (s 6; s 7; s 12; s 19).","Financial allocation rules assigning Tribunal expenses to different controlling bodies and recovery mechanism (s 20) with potential for inter-organisational disputes about costs.","Enforcement mechanisms mixing civil debt recovery, statutory penalties and criminal sanctions (s 16A; s 19(3); s 20(2); s 23(2)).","Multiple amendment and transitional clauses (Schedule 1 and Parts) reflecting historical changes and requiring attention to versions in force for particular appeals."],"plain_english_summary":"### What this law does (mechanically)\n\n- Creates the Racing Appeals Tribunal (the Tribunal) as a specialist body to hear appeals about decisions made in relation to racing (s 5; Part 3).\n- Allows people or bodies aggrieved by particular decisions of racing bodies to appeal to the Tribunal. The Act sets out separate appeal routes for thoroughbred racing (s 15), greyhound racing (s 15A) and harness racing (s 15B). Appeals are governed by regulations (s 18).\n- Appeals are run as new hearings: the Tribunal re-hears the matter and may receive fresh or additional evidence (s 16). Hearings are held in open court (s 16(2)).\n- The Tribunal has powers to dismiss an appeal, confirm or vary the decision under appeal (including substituting any decision that the original decision-maker could have made), or refer matters back for rehearing with directions (s 17; s 17A).\n- The Tribunal may appoint assessors with relevant expertise to assist in a proceeding and pay them (s 8A). It may also compel persons to attend and produce documents, with penalties for non-compliance and an obligation to pay reasonable travel and other attendance expenses (s 16A).\n- The Minister appoints the Tribunal (on the Attorney General’s recommendation) and may appoint acting members; appointments are for up to 3 years and are renewable (s 6; s 7; s 10). If the Tribunal is a sitting judge, that service does not affect the judge’s position (s 11).\n- The Act delegates procedural detail to regulations, including fees, suspension of decisions pending appeal, classes of matters excluded from appeal and other procedural rules (s 18; s 23).\n- The Act sets who meets the Tribunal’s expenses for different types of appeals (Racing NSW, Greyhound Racing New South Wales or HRNSW), and allows the Minister to recover unpaid amounts as a debt (s 20).\n\n### Who is affected\n\n- Appellants: individuals and organisations directly aggrieved by specified decisions of racing bodies (see s 15, s 15A, s 15B). Appellants must follow the regulations for bringing an appeal (s 15; s 15A; s 15B; s 18).\n- Racing controlling bodies: Racing NSW, Greyhound Racing New South Wales, HRNSW and racing clubs — they are both potential respondents to appeals and, in many cases, required to meet Tribunal expenses for appeals against their decisions (s 20). They can also be directed to make staff available to the Tribunal (s 19(2)–(3)).\n- The Minister and Attorney General: the Minister appoints Tribunal members on the Attorney General’s recommendation and may determine non-judge remuneration and direct use of staff (s 6; s 7; s 12; s 19(2)).\n- Persons called to give evidence or produce documents: subject to Tribunal notices and penalties for non-compliance (s 16A).\n\n### Why it matters (practical effects and mechanisms)\n\n- Provides a formal, statutory appellate route outside ordinary courts for a defined set of racing decisions, with the Tribunal able to re-hear matters and substitute decisions (s 16; s 17; s 17A). That changes how disputes about licensing, discipline or other regulatory decisions in racing are resolved.\n- Assigns the direct financial cost of Tribunal proceedings to the relevant controlling bodies unless the Minister decides otherwise (s 20). This creates a clear cost-bearing mechanism: the body whose decision is being appealed (or the governing body for that code) ordinarily pays the Tribunal’s expenses.\n- Gives the Tribunal compulsory powers to obtain witness attendance and documents, with criminal penalties for refusal and an obligation to reimburse attendance expenses (s 16A). That imposes a compliance obligation on individuals and organisations who may be asked to assist an appeal.\n- Leaves detailed procedure, fees and the possibility of limiting appeal types to regulations (s 18). This means procedural and cost details are not fixed in the Act but set by regulation.\n\n### Implementation, incentives and trade-offs (tested against costs, discretion and private-sector impacts)\n\n- Who pays: The Act assigns most Tribunal expenses to the relevant racing controlling body (Racing NSW, Greyhound Racing New South Wales or HRNSW) for appeals in their code (s 20(1)). If they do not pay, the Minister may recover expenses as a debt (s 20(2)). That creates a direct financial incentive for controlling bodies to limit the number or scope of appeals or to resolve disputes before they reach the Tribunal.\n\n- Administrative discretion and resourcing: The Minister appoints Tribunal members (s 6), may determine non-judicial remuneration (s 12) and may order racing controlling bodies to provide staff to the Tribunal (s 19(2)). These powers centralise appointment and administrative control in Ministers and allow reliance on existing racing body staff rather than creating a separate permanent infrastructure for the Tribunal.\n\n- Compliance burden on participants: Appellants face a new hearing standard (fresh evidence permitted) and open hearings (s 16), and may be subject to notices to attend or produce documents with penalties for non-compliance (s 16A). Regulations may impose fees and set other procedural requirements that affect the cost and complexity for appellants (s 18).\n\n- Effect on private enterprise and market activity: The Tribunal’s ability to confirm, vary or substitute decisions (s 17; s 17A) directly affects participants in racing markets (e.g. licensed trainers, owners, clubs) because it can change licensing, disciplinary and other regulatory outcomes. Those outcomes can affect participants’ ability to operate in the market, but the Act does not itself set substantive standards for licensing or discipline — it provides the appellate mechanism.\n\n- Finality and further review: The Tribunal’s decision is treated as the decision of the original decision-maker for many purposes (s 17(2); s 17A(2)), which reduces uncertainty about the practical effect of Tribunal determinations. The Act also notes appeals are to be made in accordance with the regulations and that some classes of matters may be excluded by regulation (s 18).\n\n- Costs and opportunity costs: The combination of the Tribunal’s re-hearing power, potential fees under regulation, the obligation of controlling bodies to meet expenses (s 20), and the requirement to provide staff when ordered (s 19(2)–(3)) creates tangible costs for both public/regulatory bodies and private appellants. Those costs are balanced against a statutory route for review and the Tribunal’s capacity to substitute decisions.\n\n- Risk of concentration of benefit/diffuse cost: The statutory allocation of expenses to controlling bodies concentrates direct financial responsibility on those bodies (s 20). Any increase in appeals therefore imposes costs on those bodies and, indirectly, on racing participants or stakeholders who fund those bodies.\n\n### Key procedural and enforcement features to note (section pointers)\n\n- Appointment and terms: Ministerial appointment on Attorney General recommendation (s 6); acting appointments and seniority (s 7); term up to 3 years (s 10); judges may serve without affecting judicial office (s 11).\n- Hearings and evidence: new hearing and fresh evidence permitted; open court (s 16).\n- Compulsion and penalties: attendance/production notices with penalty (100 penalty units or 6 months imprisonment or both) and payment of travel/attendance expenses by Tribunal (s 16A). Failure of a racing controlling body to comply with a Minister’s staff-order attracts a penalty (5 penalty units) (s 19(3)). Regulations may impose penalties up to 5 penalty units (s 23(2)).\n- Expenses: primary liability placed on the relevant controlling body unless the Minister determines otherwise; Minister may recover unpaid amounts as a debt (s 20).\n- Delegation to regulations: many procedural matters, including possible classes of matters excluded from appeal and suspension of decisions pending appeal, are for regulation (s 18).\n\n### Transitional and scope notes\n\n- The Act has been amended over time to add appeal paths for greyhound and harness racing and to deal with transitional arrangements when other bodies were dissolved or reformed; transitional and savings provisions appear in Schedule 1 and the Schedule Parts (see Schedule 1 and the Part headings).\n\n(Referenced sections are from the Racing Appeals Tribunal Act 1983 as provided: s 5, s 6, s 7, s 8A, s 10, s 11, s 12, s 15, s 15A, s 15B, s 16, s 16A, s 17, s 17A, s 18, s 19, s 20, s 21, s 23, Schedule 1.)"},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Based on the 10 distinct version updates between 1999 and 2022, the Act has clearly been amended multiple times since its original 1983 enactment. This strongly suggests the scope, jurisdiction, or procedures of the Tribunal have evolved — likely expanding to keep pace with changes to the broader racing regulatory framework in NSW, including the consolidation of racing bodies. However, the core purpose (providing an independent appeals mechanism for racing industry participants) appears to have remained consistent."},"complexity_factors":["Only metadata and version history were provided — the actual substantive provisions of the Act were not included in the extract, limiting full analysis","The Act operates within a multi-layered racing regulatory framework involving multiple controlling bodies across different racing codes (thoroughbred, harness, greyhound)","The tribunal's jurisdiction likely intersects with administrative law principles (procedural fairness, grounds of review) which can be technically complex","Multiple amendments over 40+ years may mean the current version differs significantly from the original, potentially creating interpretive issues","Racing industry-specific terminology and regulatory structures require specialist knowledge to fully navigate"],"plain_english_summary":"## Racing Appeals Tribunal Act 1983 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that established the **Racing Appeals Tribunal** — an independent body that hears appeals from people in the racing industry (horse racing, greyhound racing, harness racing) who have been penalised or had decisions made against them by racing authorities.\n\n**Who does it affect?**\n- Jockeys, trainers, owners, drivers, and other participants in NSW racing who have been fined, suspended, disqualified, or otherwise disciplined by a racing body\n- Racing stewards and controlling bodies whose decisions can be challenged\n- Anyone involved in licensed racing activities in NSW\n\n**Why does it matter?**\nWithout this law, a racing participant who felt they were unfairly penalised by a racing body would have very limited options for appeal. This Tribunal gives them a formal, independent avenue to challenge those decisions — similar to how you'd appeal a parking fine to a magistrate, but specifically for the racing industry.\n\n**Key practical points:**\n- Provides a formal, independent review process (a fair hearing before an impartial body) for racing industry disciplinary decisions\n- The Tribunal can uphold, reduce, or overturn penalties imposed by racing authorities\n- Has been in force since 1983 and has been updated multiple times, most recently in December 2022\n- Overseen by the NSW Minister for Gaming and Racing\n\n**Note:** Only metadata and version history information was available in this extract — the full operative provisions (the actual rules and procedures) of the Act were not included."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/racing-appeals-tribunal-act-1983","history":"/api/acts/racing-appeals-tribunal-act-1983/history","analysis":"/api/acts/racing-appeals-tribunal-act-1983/analysis","conflicts":"/api/acts/racing-appeals-tribunal-act-1983/conflicts","importantCases":"/api/acts/racing-appeals-tribunal-act-1983/important-cases","documents":"/api/acts/racing-appeals-tribunal-act-1983/documents"}}