{"id":"racing-penalties-appeals-regulations-1991","name":"Racing Penalties (Appeals) Regulations 1991","slug":"racing-penalties-appeals-regulations-1991","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181777,"registerId":"wa-racing-penalties-appeals-regulations-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Racing Penalties (Appeals) Regulations 1991","content":"![Crest]()Western Australia\n\nRacing Penalties (Appeals) Act 1990\n\nRacing Penalties (Appeals) Regulations 1991\n\nWestern Australia\n\nRacing Penalties (Appeals) Regulations 1991\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Notice of appeal 1\n\n4. Fees in relation to appeals 1\n\n5. Notice of representation 2\n\n6. Hearing of evidence *in camera* 2\n\n7. Fee for transcripts 3\n\n8. Duties of Registrar 3\n\n9. Matters in which Chairperson or member alone may act 3\n\nSchedule 1\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nRacing Penalties (Appeals) Act 1990\n\nRacing Penalties (Appeals) Regulations 1991\n\n##### 1. Citation\n\nThese regulations may be cited as the *Racing Penalties (Appeals) Regulations 1991*.\n\n##### 2. Commencement\n\nThese regulations shall come into operation on the day on which the *Racing Penalties (Appeals) Act 1990* comes into operation.\n\n##### 3. Notice of appeal\n\nSubject to section 16 of the Act, a notice of appeal is to be in a form determined by the Chairperson.\n\n##### 4. Fees in relation to appeals\n\n(1) The fee payable on the lodgement of an application for leave to appeal is —\n\n(a) for an appeal relating to greyhound racing, $179; and\n\n(b) for all other appeals, $447.\n\n(2) The fee payable on the lodgement of a notice of appeal is —\n\n(a) if the appeal is an appeal as of right under the Act —\n\n(i) for an appeal relating to greyhound racing, $170; and\n\n(ii) for all other appeals, $284;\n\nor\n\n(b) if the appeal is an appeal that can be made only with the leave of the Tribunal, nil,\n\nplus, if a stay of proceedings is sought, an additional fee of $56.\n\n[Regulation 4 inserted: Gazette 11 Sep 1998 p. 4941; amended: Gazette 14 Oct 2005 p. 4567; 14 Nov 2006 p. 4736; 9 Oct 2007 p. 5358; 28 Oct 2008 p. 4734; 30 Oct 2009 p. 4319‑20; 19 Nov 2010 p. 5743; 4 Nov 2011 p. 4640; 16 Nov 2012 p. 5657; 8 Nov 2013 p. 4981‑2; 14 Nov 2014 p. 4288; 6 Nov 2015 p. 4588; 28 Oct 2016 p. 4916; 10 Nov 2017 p. 5594; 7 Sep 2018 p. 3200; 22 Oct 2019 p. 3729; SL 2022/144 r. 17; SL 2023/156 r. 17; SL 2024/213 r. 18; SL 2025/187 r. 18.]\n\n##### 5. Notice of representation\n\n(1) Where the appellant or any other person entitled to be heard at an appeal intends to be represented at the appeal, the person is to notify the Registrar of that fact in writing as soon as practicable before the hearing of the appeal begins.\n\n(2) The notice is to state the name and address of the proposed representative except where that person is a legal practitioner.\n\n[Regulation 5 amended: SL 2022/119 r. 4.]\n\n##### 6. Hearing of evidence *in camera*\n\n(1) The Tribunal may hear evidence *in camera* where, in the opinion of the Chairperson, this is necessary to ensure a fair hearing of the appeal and the Chairperson makes an order for evidence to be so heard.\n\n(2) An order under subregulation (1) does not serve to exclude a representative of a party to the appeal from attendance at the hearing of the evidence.\n\n##### 7. Fee for transcripts\n\nThe fee payable for the supply of a transcript of proceedings before the Tribunal is $4 per page.\n\n[Regulation 7 amended: Gazette 11 Sep 1998 p. 4942; 12 May 2000 p. 2287; 14 Oct 2005 p. 4567; 9 Oct 2007 p. 5359.]\n\n##### 8. Duties of Registrar\n\nThe Registrar is to —\n\n(a) record the date on which each notice of appeal is lodged; and\n\n(b) keep all documents relating to each appeal together and separate from other documents; and\n\n(c) number consecutively —\n\n(i) all documents relating to each appeal in order of their receipt; and\n\n(ii) all files in order of their establishment;\n\nand\n\n(d) maintain adequate indexes of all files and documents relating to each appeal to enable convenient reference to the files and documents.\n\n##### 9. Matters in which Chairperson or member alone may act\n\nThe matters specified in Schedule 1 are matters that may be dealt with by the Tribunal constituted by the Chairperson, or a member appointed to do so by the Chairperson, sitting alone.\n\n[Regulation 9 inserted: Gazette 16 Aug 1994 p. 4146.]\n\nSchedule 1\n\n[Regulation 9]\n\n1. An appeal to the Tribunal against a determination, or a finding comprised in or related to a determination, of RWWA, of a steward, of a racing club, or of a committee, imposing any suspension or disqualification of a person, for a period of not more than 3 months.\n\n2. An appeal to the Tribunal against a determination, or a finding comprised in or related to a determination, of RWWA, of a steward, of a racing club, or of a committee, imposing a fine of not more than $2 000.\n\n3. An appeal to the Tribunal against a determination, or a finding comprised in or related to a determination, of RWWA, of a steward, of a racing club, or of a committee, imposing any suspension or disqualification of a person, for a period of not more than 3 months and imposing a fine of not more than $2 000.\n\n4. An appeal to the Tribunal against a determination, or a finding comprised in or related to a determination, of RWWA, of a steward, of a racing club, or of a committee, imposing any disqualification of a runner.\n\n[Schedule 1 inserted: Gazette 16 Aug 1994 p. 4147; amended: Gazette 11 Sep 1998 p. 4942; 30 Jan 2004 p. 418.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Racing Penalties (Appeals) Regulations 1991* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Racing Penalties (Appeals) Regulations 1991* | 12 Apr 1991 p. 1662‑3 | 15 Apr 1991 (see r. 2 and *Gazette* 12 Apr 1991 p. 1597) |\n| *Racing Penalties (Appeals) Amendment Regulations 1994* | 16 Aug 1994 p. 4146‑7 | 16 Aug 1994 |\n| *Racing Penalties (Appeals) Amendment Regulations 1995* | 28 Nov 1995 p. 5522 | 28 Nov 1995 |\n| *Racing Penalties (Appeals) Amendment Regulations 1998* | 11 Sep 1998 p. 4941‑2 | 11 Sep 1998 |\n| *Racing Penalties (Appeals) Amendment Regulations 2000* | 12 May 2000 p. 2287 | 1 Jul 2000 (see r. 2) |\n| **Reprint 1: The *Racing Penalties (Appeals) Regulations 1991* as at 3 Jan 2003** (includes amendments listed above) | | |\n| *Racing and Gambling (Miscellaneous) Amendment Regulations 2004* Pt. 8 | 30 Jan 2004 p. 413-18 | 30 Jan 2004 (see r. 2) |\n| *Racing Penalties (Appeals) Amendment Regulations 2005* | 14 Oct 2005 p. 4566-7 | 1 Jan 2006 (see r. 2) |\n| *Racing Penalties (Appeals) Amendment Regulations 2006* | 14 Nov 2006 p. 4735‑6 | 1 Jan 2007 (see r. 2) |\n| *Racing Penalties (Appeals) Amendment Regulations 2007* | 9 Oct 2007 p. 5358‑9 | r. 1 and 2: 9 Oct 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2008 (see r. 2(b)) |\n| **Reprint 2: The *Racing Penalties (Appeals) Regulations 1991* as at 14 Mar 2008** (includes amendments listed above) | | |\n| *Racing Penalties (Appeals) Amendment Regulations 2008* | 28 Oct 2008 p. 4734 | r. 1 and 2: 28 Oct 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2009 (see r. 2(b)) |\n| *Racing Penalties (Appeals) Amendment Regulations 2009* | 30 Oct 2009 p. 4319‑20 | r. 1 and 2: 30 Oct 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2010 (see r. 2(b)) |\n| *Racing Penalties (Appeals) Amendment Regulations 2010* | 19 Nov 2010 p. 5742‑3 | r. 1 and 2: 19 Nov 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2011 (see r. 2(b)) |\n| *Racing Penalties (Appeals) Amendment Regulations 2011* | 4 Nov 2011 p. 4639-40 | r. 1 and 2: 4 Nov 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2012 (see r. 2(b)) |\n| *Racing Penalties (Appeals) Amendment Regulations 2012* | 16 Nov 2012 p. 5656-7 | r. 1 and 2: 16 Nov 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2013 (see r. 2(b)) |\n| *Racing Penalties (Appeals) Amendment Regulations 2013* | 8 Nov 2013 p. 4981‑2 | r. 1 and 2: 8 Nov 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2014 (see. r. 2(b)) |\n| **Reprint 3: The *Racing Penalties (Appeals) Regulations 1991* as at 2 May 2014** (includes amendments listed above) | | |\n| *Racing Penalties (Appeals) Amendment Regulations 2014* | 14 Nov 2014 p. 4288 | r. 1 and 2: 14 Nov 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2015 (see. r. 2(b)) |\n| *Racing, Gaming and Liquor Regulations Amendment (Fees and Charges) Regulations 2015* Pt. 8 | 6 Nov 2015 p. 4581-8 | 1 Jan 2016 (see. r. 2(b)) |\n| *Racing, Gaming and Liquor Regulations Amendment (Fees and Charges) Regulations 2016* Pt. 8 | 28 Oct 2016 p. 4910‑16 | 1 Jan 2017 (see r. 2(b)) |\n| *Racing, Gaming and Liquor Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 8 | 10 Nov 2017 p. 5579‑94 | 1 Jan 2018 (see r. 2(b)) |\n| *Racing, Gaming and Liquor Regulations Amendment (Fees and Charges) Regulations 2018* Pt. 8 | 7 Sep 2018 p. 3192‑200 | 1 Jan 2019 (see r. 2(b)) |\n| *Racing, Gaming and Liquor Regulations Amendment (Fees and Charges) Regulations 2019* Pt. 8 | 22 Oct 2019 p. 3720‑9 | 1 Jan 2020 (see r. 2(b)) |\n| *Racing Penalties (Appeals) Amendment Regulations 2022* | SL 2022/119 30 Jun 2022 | r. 1 and 2: 30 Jun 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2022 (see r. 2(b) and SL 2022/113 cl. 2) |\n| *Racing and Gaming Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 8 | SL 2022/144 12 Aug 2022 | 1 Jan 2023 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 8 | SL 2023/156 18 Oct 2023 | 1 Jan 2024 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Fees and Charges) Regulations 2024* Pt. 8 | SL 2024/213 16 Oct 2024 | 1 Jan 2025 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Fees and Charges) Regulations 2025* Pt. 8 | SL 2025/187 12 Nov 2025 | 1 Jan 2026 (see r. 2(b)) |\n\n\n© State of Western Australia 2026.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ROGER JACOBS, Acting Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been amended since 1991 to alter fees and procedural coverage. Regulation 4 has been repeatedly updated (see amendment notes and Compilation table), and Regulation 9 (with Schedule 1) was inserted in 1994 to specify matters that a single Tribunal member may decide. Those amendments changed the cost structure for appellants and expanded the Tribunal’s single‑member procedural scope (see Regulations 4 and 9 and the Compilation table)."},"complexity_factors":["Differentiated fee schedule by racing type and appeal type (Regulation 4) — multiple fee categories (application for leave, notice of appeal, stay fee).","Different treatment of appeals as of right versus appeals requiring leave (Regulation 4(2)).","Chairperson discretion to order in camera hearings, with limited safeguard for party representatives (Regulation 6).","Specification of registrar administrative duties and indexing/numbering requirements (Regulation 8) — operational compliance burden.","Fixed transcript fee per page (Regulation 7) creates predictable documentary cost.","Single‑member decision‑making for specified low‑level matters in Schedule 1 (Regulation 9 and Schedule 1) narrows which cases may be determined by one person.","Extensive amendment history primarily adjusting fees and inserting procedural items (Compilation table) — governance-through-amendment increases maintenance complexity but not legal complexity."],"plain_english_summary":"These regulations set the procedure for appealing racing penalties in Western Australia. They prescribe the form of notices, fees for lodging appeals and transcripts, how representation is notified, when hearings may be held in private, registrar record‑keeping duties, and which minor penalty matters a single Tribunal member may decide.\n\nThey affect appellants, their representatives, the Registrar, RWWA and Tribunal members by fixing costs, notification duties and giving the Chairperson limited discretion over private hearings and single‑member determinations."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the text of the legislation is unavailable. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content is available for analysis — the source page is inaccessible due to a website system upgrade","Only the title and an error message were retrievable, making any substantive legal analysis impossible","Complexity score defaulted to 1 to reflect absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Racing Penalties (Appeals) Regulations 1991 (WA) set out the procedures for challenging penalties imposed within Western Australia’s racing industry. They affect participants such as jockeys, trainers, owners and other licensees by prescribing how and when to appeal steward or tribunal decisions. Relevant because they determine access to review and the process for disputing sanctions, though the 1991 regulation may be amended or superseded — check WA legislation or the PCO for the current text."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: procedural and administrative machinery for the racing appeals system. While fees have been updated annually for inflation/cost recovery (evident from the extensive amendment history), and minor procedural clarifications added (such as the 2022 amendment regarding notice of representation), the substantive scope has not expanded beyond appeals against racing penalties. The Schedule 1 categories for single-member hearings have remained stable since 1994 with only technical amendments."},"complexity_factors":["Short length (9 regulations plus Schedule)","Minimal cross-referencing (only references to section 16 of the parent Act and Schedule 1)","Straightforward conditional logic in fee structure (greyhound vs other; appeal as of right vs leave; stay sought or not)","Simple administrative provisions without nested exceptions","Schedule 1 contains only 4 enumerated categories of matters for single-member determination","No defined terms section—relies on definitions in parent Act","Fee provisions require annual updates but follow a predictable pattern"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for appealing penalties in Western Australian horse, greyhound, and harness racing. They work alongside the *Racing Penalties (Appeals) Act 1990* to establish how people can challenge fines, suspensions, or disqualifications handed down by racing authorities.\n\n**Who it affects:**\n\n- **Trainers, jockeys, drivers, and owners** who want to appeal a penalty imposed by Racing and Wagering Western Australia (RWWA), stewards, racing clubs, or committees\n- **The Racing Penalties Appeal Tribunal** (the body that hears these appeals)\n- **The Registrar** who manages the paperwork and files\n\n**Key things the regulations cover:**\n\n- **Fees:** Different costs apply depending on the type of racing and whether you need permission (\"leave\") to appeal. Greyhound appeals are cheaper ($179-$170) than thoroughbred/harness appeals ($447-$284). Staying a penalty (pausing it while you appeal) costs an extra $56.\n- **Forms and notices:** Appeals must use a form set by the Tribunal Chairperson, and anyone using a representative must notify the Registrar beforehand.\n- **Private hearings:** The Tribunal can hear evidence \"in camera\" (in private) if the Chairperson thinks it's necessary for fairness, though parties' representatives can still attend.\n- **Paperwork duties:** The Registrar must keep proper records, number documents consecutively, and maintain indexes.\n- **Single-member hearings:** Minor cases—those involving suspensions under 3 months, fines under $2,000, or disqualification of a runner—can be heard by just the Chairperson or one member, rather than a full panel.\n\n**Why it matters:**\n\nThese rules ensure racing participants have a fair, structured way to challenge penalties without the formality of a court. The fee structure recognises that greyhound racing typically involves smaller operations than thoroughbred racing. The single-member provisions for minor matters help keep the system efficient and affordable."}},"importantCases":[],"_links":{"self":"/api/acts/racing-penalties-appeals-regulations-1991","history":"/api/acts/racing-penalties-appeals-regulations-1991/history","analysis":"/api/acts/racing-penalties-appeals-regulations-1991/analysis","conflicts":"/api/acts/racing-penalties-appeals-regulations-1991/conflicts","importantCases":"/api/acts/racing-penalties-appeals-regulations-1991/important-cases","documents":"/api/acts/racing-penalties-appeals-regulations-1991/documents"}}