The Act creates a specialist Racing Appeals Tribunal to re‑hear and decide appeals against regulatory decisions in thoroughbred, greyhound and harness racing. It can confirm, vary or substitute original decisions, compel witnesses/documents, and appoint assessors. Appellants, racing controlling bodies (which are usually liable for Tribunal expenses), and the Minister (who appoints members and sets procedural details by regulation) are directly affected. The regime centralises review, enforces compliance, and shifts appeal costs onto controlling bodies.
The Racing Appeals Tribunal Act 1983 constitutes the Racing Appeals Tribunal as an independent statutory body (s 5) tasked with determining appeals from decisions made by racing controlling bodies and their delegates across thoroughbred, harness and greyhound racing in New South Wales. At its core the Act provides a merits-based review mechanism that operates as a new hearing: s 16(1) expressly states that an appeal “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”. Proceedings must be conducted in open court (s 16(2)).
The Tribunal’s powers on appeal differ slightly according to the racing code. For thoroughbred matters (s 17, inserted in its current form by the Thoroughbred Racing Legislation Amendment Act 2004), the Tribunal may dismiss the appeal, confirm or vary the decision by substituting any decision that could have been made by the Appeal Panel, a racing association or Racing NSW, refer the matter back for rehearing with directions, or make any other order it thinks fit. The Tribunal’s decision is final and is taken to be the decision of the original decision-maker (except for further statutory appeals) (s 17(2)).
For greyhound and harness racing appeals (s 17A, inserted by the Racing Legislation Amendment Act 2009), the powers are slightly narrower: the Tribunal may dismiss, confirm or vary by substituting a decision the steward, club, Greyhound Welfare and Integrity Commission, Greyhound Racing NSW or HRNSW could have made, or make any other order it considers appropriate. Again the Tribunal’s decision is deemed to be that of the original body (s 17A(2)).
The Act also regulates the constitution of the Tribunal. The Minister, on the recommendation of the Attorney General, appoints a “qualified person” (defined in s 4(1) as a judge, retired judge or person qualified for District Court appointment) (s 6). Acting members may be appointed to cover illness, vacancy or specific appeals (s 7), with seniority order determined at appointment (s 7(1A)). The Tribunal may appoint expert assessors with relevant industry knowledge to assist on particular proceedings (s 8A); these assessors are not covered by the Government Sector Employment Act 2013 and are paid remuneration fixed by the Tribunal in consultation with the relevant racing body.
Current sections
Direct links to the current provisions in Racing Appeals Tribunal Act 1983.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(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.
3
3
3 (Repealed)
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
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.
regulation means a regulation made under this Act.
Tribunal means the Racing Appeals Tribunal constituted by this Act.
(2) In this Act, a reference to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.
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].
Part 2
Constitution of Racing Appeals Tribunal
Part 2 Constitution of Racing Appeals Tribunal
Part 2 Constitution of Racing Appeals Tribunal
5
Racing Appeals Tribunal
5 Racing Appeals Tribunal
5 Racing Appeals Tribunal
There is hereby constituted a tribunal under the name of the “Racing Appeals Tribunal”.
6
Appointment of Tribunal
6 Appointment of Tribunal
6 Appointment of Tribunal
The Minister may, upon the recommendation of the Attorney General, appoint a qualified person as the Tribunal.
7
Appointment of acting Tribunal
7 Appointment of acting Tribunal
7 Appointment of acting Tribunal
(1) The Minister may from time to time, on the recommendation of the Attorney General, appoint qualified persons to act as the Tribunal—
(a) during the illness or absence of the person appointed as the Tribunal, or
(b) during a vacancy in the office of the Tribunal, or
(c) on the occasions or in respect of the appeals as the person appointed as the Tribunal directs.
(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.
(2) A qualified person while acting as the Tribunal shall be deemed to be the Tribunal.
(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.
s 7: Subst 1986 No 16, Sch 12. Am 2004 No 23, Sch 2.1 [4]; 2019 No 12, Sch 4[1].
8
8
8 (Repealed)
8A
Tribunal may appoint expert assessor
8A Tribunal may appoint expert assessor
8A Tribunal may appoint expert assessor
(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.
(2) An appointment of an assessor is to be made in writing.
(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.
s 8A: Ins 1985 No 35, Sch 1 (3). Subst 2009 No 21, Sch 1 [5]; 2019 No 12, Sch 4[2].
8B
8B
8B, 9 (Repealed)
10
Term of office
10 Term of office
10 Term of office
Subject to this Act, a person appointed as—
(a) the Tribunal, or
(b) (Repealed)
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.
s 10: Subst 1985 No 35, Sch 1 (4). Am 2009 No 21, Sch 1 [7].
11
Effect of appointment of a judge as the Tribunal
11 Effect of appointment of a judge as the Tribunal
11 Effect of appointment of a judge as the Tribunal
(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.
(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.
(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.
s 11: Am 1985 No 35, Sch 1 (5).
12
Remuneration
12 Remuneration
12 Remuneration
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.
s 12: Subst 1985 No 35, Sch 1 (6); 2009 No 21, Sch 1 [8].
13
Vacation of office
13 Vacation of office
13 Vacation of office
(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—
(a) ceases to be a judge of that court, or
(b) resigns that office by instrument in writing addressed to the Minister.
(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—
(a) dies,
(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,
(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 or a person under detention under Part 7 of that Act,
(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,
(e) resigns that office by instrument in writing addressed to the Minister, or
(f) (Repealed)
(g) is removed from office by the Minister under subsection (3).
(3) The Minister may remove from office—
(a) a person (not being a judge of any court) holding office as, or appointed to act as, the Tribunal, or
(b) (Repealed)
s 13: Am 1985 No 35, Sch 1 (7); 1989 No 59, Sch 1 (3); 2009 No 21, Sch 1 [9] [10].
14
Effect of certain other Acts
14 Effect of certain other Acts
14 Effect of certain other Acts
(1) The Government Sector Employment Act 2013 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.
(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.
s 14: Am 1985 No 35, Sch 1 (8); 2009 No 21, Sch 1 [11]; 2015 No 15, Sch 3.51 [1].
Part 3
Appeals to Tribunal
Part 3 Appeals to Tribunal
Part 3 Appeals to Tribunal
Division 1
Appeals relating to thoroughbred racing
Division 1 Appeals relating to thoroughbred racing
Division 1 Appeals relating to thoroughbred racing
pt 3, div 1, hdg: Ins 2009 No 21, Sch 1 [12].
15
Appeals to Tribunal
15 Appeals to Tribunal
15 Appeals to Tribunal
(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—
(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,
(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 but that the Appeal Panel or racing association neglects or refuses to hear and determine,
(d) a decision of Racing NSW.
(2) Racing NSW may, in accordance with the regulations, appeal to the Tribunal against the following decisions—
(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,
(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 but that the Appeal Panel or racing association neglects or refuses to hear and determine.
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].
Division 2
Appeals relating to greyhound racing or harness racing
Division 2 Appeals relating to greyhound racing or harness racing
Division 2 Appeals relating to greyhound racing or harness racing
pt 3, div 2: Ins 2009 No 21, Sch 1 [13].
15A
Appeals to Tribunal relating to greyhound racing
15A Appeals to Tribunal relating to greyhound racing
15A Appeals to Tribunal relating to greyhound racing
(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—
(b) a decision of a steward appointed by the Greyhound Welfare and Integrity Commission.
(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—
(b) a decision for which an appeal is properly made to the Appeal Panel under the Harness Racing Act 2009 if the Appeal Panel—
(i) neglects or refuses to hear the appeal or
(ii) fails to make a decision on the appeal,
(c) a decision of HRNSW.
(2) HRNSW may, in accordance with the regulations, appeal to the Tribunal against a decision referred to in subsection (1)(a) or (b).
s 15B: Ins 2009 No 21, Sch 1 [13]. Subst 2022 No 22, Sch 4[1].
Division 3
Procedure and regulations relating to appeals
Division 3 Procedure and regulations relating to appeals
Division 3 Procedure and regulations relating to appeals
pt 3, div 3, hdg: Ins 2009 No 21, Sch 1 [13].
16
Procedure on appeal
16 Procedure on appeal
16 Procedure on appeal
(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.
(2) Proceedings on an appeal are to be held as in open court before the Tribunal.
s 16: Subst 2004 No 23, Sch 2.1 [6].
16A
Persons required to attend hearings or produce documents
16A Persons required to attend hearings or produce documents
16A Persons required to attend hearings or produce documents
(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—
(a) giving evidence relating to an appeal being heard or to be heard by the Tribunal, or
(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.
(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.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
(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.
s 16A: Ins 2004 No 23, Sch 2.1 [6]. Am 2019 No 12, Sch 4[3].
17
Determination of appeals relating to thoroughbred racing
17 Determination of appeals relating to thoroughbred racing
17 Determination of appeals relating to thoroughbred racing
(1) The Tribunal may do any of the following in respect of an appeal under section 15—
(a) dismiss the appeal,
(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),
(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),
(d) make such other order in relation to the disposal of the appeal as the Tribunal thinks fit.
(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) to be the decision of the Appeal Panel, the racing association or Racing NSW (as the case requires).
s 17: Subst 1996 No 37, Sch 2.5 [6]; 2004 No 23, Sch 2.1 [7]. Am 2009 No 21, Sch 1 [14].
17A
Determination of appeals relating to greyhound racing or harness racing
17A Determination of appeals relating to greyhound racing or harness racing
17A Determination of appeals relating to greyhound racing or harness racing
(1) The Tribunal may do any of the following in respect of an appeal under section 15A or 15B—
(a) dismiss the appeal,
(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),
(c) make such other order in relation to the disposal of the appeal as the Tribunal thinks fit.
(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.
s 17A: Ins 2009 No 21, Sch 1 [15]. Am 2017 No 13, Sch 7.10 [4].
18
Regulations respecting appeals
18 Regulations respecting appeals
18 Regulations respecting appeals
(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—
(a) the procedures to be followed at or in connection with any appeals under this Act,
(b) the suspension of a decision appealed against under this Act pending the determination of the appeal,
(c) the payment of fees and costs in respect of appeals under this Act, and
(d) any matters incidental to or connected with appeals under this Act.
(2) Without affecting the generality of subsection (1), the regulations may—
(a) prescribe classes of matters in respect of which appeals may not be made under this Act, or
(b) provide that no appeals may be made under this Act except in respect of prescribed classes of matters.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
19
Staff to assist Tribunal
19 Staff to assist Tribunal
19 Staff to assist Tribunal
(1) For the purposes of this Act, the Tribunal may, with the approval of the Minister, make use of the services of—
(a) any members of staff of a racing controlling body, or
(b) any person employed in a Public Service agency responsible to the Minister.
(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.
(3) A racing controlling body shall not fail or refuse to comply with an order under subsection (2).
Maximum penalty (subsection (3)): 5 penalty units.
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].
20
Expenses of Tribunal
20 Expenses of Tribunal
20 Expenses of Tribunal
(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—
(a) by Racing NSW in relation to an appeal to the Tribunal under section 15, or
(b) for an appeal to the Tribunal under section 15A about a decision—
(i) of Greyhound Racing New South Wales—by Greyhound Racing New South Wales, or
(ii) of the Greyhound Welfare and Integrity Commission—by the Commission, or
(c) by HRNSW in relation to an appeal to the Tribunal under section 15B.
(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.
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].
21
Service of documents
21 Service of documents
21 Service of documents
(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—
(a) in the case of an individual—by personal delivery to the person,
(b) by post to the address specified by the person for the service of documents of that kind,
(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,
(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,
(e) by email to an email address specified by the person for the service of documents of that kind,
(f) by any other method authorised by the regulations for the service of documents of that kind.
(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.
(3) In this section, serve includes give or send.
s 21: Rep 1985 No 35, Sch 1 (9). Ins 2004 No 23, Sch 2.1 [9]. Subst 2019 No 12, Sch 4[9].
22
Proceedings for offences
22 Proceedings for offences
22 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be taken before the Local Court.
s 22: Am 1985 No 35, Sch 1 (10); 2007 No 94, Sch 4.
23
Regulations
23 Regulations
23 Regulations
(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.
(2) A regulation may impose a penalty not exceeding 5 penalty units for any contravention thereof.
(3) A provision of a regulation may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
s 23: Am 1992 No 112, Sch 1.
24
Savings and transitional provisions
24 Savings and transitional provisions
24 Savings and transitional provisions
Schedule 1 has effect.
s 24: Ins 1998 No 66, Sch 2 [2].
Schedule 1
Savings and transitional provisions
Schedule 1 Savings and transitional provisions
Schedule 1 Savings and transitional provisions
(Section 24)
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].
9
Orders
9 Orders
9 Orders
(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.
(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).
Part 5
Provisions consequent on enactment of Racing and Gambling Legislation Amendment Act 2022
Part 5 Provisions consequent on enactment of Racing and Gambling Legislation Amendment Act 2022
This Act may be cited as the Racing Appeals Tribunal Act 1983.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(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.
3
3 (Repealed)
3
s 3: Rep 1999 No 31, Sch 5.88.
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Appeal Panel means the Appeal Panel under the Thoroughbred Racing Act 1996.
court includes the Industrial Relations Commission of New South Wales.
HRNSW means Harness Racing New South Wales constituted under the Harness Racing Act 2009.
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.
racing association has the meaning given by the Thoroughbred Racing Act 1996.
Racing NSW means Racing New South Wales.
regulation means a regulation made under this Act.
Tribunal means the Racing Appeals Tribunal constituted by this Act.
(2) In this Act, a reference to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.
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].
Procedural machinery is contained in Division 3 of Part 3. The Tribunal may issue notices requiring attendance to give evidence or produce documents (s 16A(1)). Non-compliance without reasonable excuse attracts a maximum penalty of 100 penalty units or 6 months imprisonment or both (s 16A(2)). The person served must be given an amount sufficient to cover travelling and other expenses (s 16A(3)).
Regulations made under s 18 can prescribe appeal procedures, stay of decisions pending appeal, fees, costs, and classes of matters that are non-appealable. Section 23 empowers the Governor to make regulations generally, including regulations that apply differentially according to specified factors and that carry penalties up to 5 penalty units.
Financial responsibility for the Tribunal’s expenses (including member remuneration under s 12 and assessor fees under s 8A) lies with Racing NSW for thoroughbred appeals, Greyhound Racing NSW or the Greyhound Welfare and Integrity Commission for greyhound matters, and HRNSW for harness matters (s 20(1)). If a body fails to pay, the Minister may recover the sum as a debt (s 20(2)).
Staffing is facilitated by s 19: the Tribunal may use staff of racing controlling bodies or public servants with Ministerial approval, and the Minister may direct a racing body to supply staff on pain of a 5 penalty unit penalty for non-compliance (s 19(3)).
Service of documents is modernised by s 21, permitting personal service, post, email or any other prescribed method. Offences are dealt with summarily in the Local Court (s 22).
Schedule 1 contains extensive savings and transitional rules that preserve the effect of earlier appeal pathways, pending proceedings from the former Greyhound and Harness Racing Appeals Tribunal, and orders made under repealed legislation. These provisions ensure continuity across the 1998, 2004, 2009 and 2022 amendments.
In short, the Act establishes a specialist, speedy, evidence-flexible appellate jurisdiction that sits above the internal appeal structures of the three racing codes while remaining integrated with them through deemed-decision rules and cost-recovery mechanisms.
Who it affects
The Act directly affects three broad categories of participant.
First, racing industry participants – licensed trainers, drivers, jockeys, bookmakers, owners, breeders, stablehands and club officials – who are aggrieved by a steward’s decision, a racing association ruling, an Appeal Panel outcome, or a direct decision of Racing NSW, HRNSW or the Greyhound Welfare and Integrity Commission. Section 15(1) gives any such “person who is aggrieved” a statutory right to appeal in accordance with the regulations. Section 15A(1) extends the same right to decisions of a greyhound racing club or a steward appointed by the Greyhound Welfare and Integrity Commission. HRNSW, Racing NSW and certain clubs are also given express appeal rights in defined circumstances (ss 15(2), 15B(2)).
Second, the racing controlling bodies themselves. Racing NSW, HRNSW, Greyhound Racing NSW and the Greyhound Welfare and Integrity Commission are subject to the Tribunal’s supervisory jurisdiction and must fund its operations when they lose appeals (s 20). They are also bound by the Tribunal’s power to require production of documents and attendance of their officers (s 16A).
Third, the Tribunal members, acting members and expert assessors. Qualified persons appointed under ss 6 and 7, and assessors appointed under s 8A, are subject to the vacancy, remuneration, removal and conflict rules in Part 2. Judges appointed to the Tribunal retain their judicial status and rights (s 11), while non-judicial members are protected from the Government Sector Employment Act 2013 (s 14).
The Act indirectly affects the broader betting public and the integrity of wagering markets because many appealed decisions concern prohibited substances, interference, betting irregularities or licensing that can affect race results and payouts. However, the statute does not give the general public standing; only “aggrieved” persons within the statutory classes may appeal.
Transitional provisions in Schedule 1, clauses 5–10, continue to affect parties who had matters before the former Greyhound and Harness Racing Appeals Tribunal or the former Greyhound and Harness Racing Regulatory Authority. Those parties are now deemed to be before the Racing Appeals Tribunal on the same terms.
Key duties and rights
Rights of appeal are the central feature. A person aggrieved by an Appeal Panel decision, a racing association decision on delegation, a refused hearing, or a direct Racing NSW decision has a right to appeal to the Tribunal (s 15(1)). Parallel rights exist for greyhound club and steward decisions (s 15A(1)) and for HRNSW and harness Appeal Panel decisions (s 15B(1)). The controlling bodies themselves enjoy limited appeal rights (ss 15(2), 15B(2)).
Right to a new hearing. Appellants are entitled to run their case afresh; the Tribunal is not confined to the record below (s 16(1)).
Procedural rights. Parties are entitled to open-court hearings (s 16(2)), to compel witnesses and documents via Tribunal notice (s 16A), and to receive conduct money when served (s 16A(3)).
Rights of the Tribunal. The Tribunal may appoint assessors (s 8A), issue notices with coercive force (s 16A), stay decisions pending appeal where regulations permit (s 18(1)(b)), and exercise the full range of original decision-maker powers on appeal (ss 17, 17A).
Duties imposed on racing bodies. They must pay the Tribunal’s expenses (s 20(1)), supply staff when directed (s 19(2)–(3)), and treat the Tribunal’s decision as their own (ss 17(2), 17A(2)).
Duties on persons served with notices. A person served under s 16A must attend and produce documents unless they have a reasonable excuse; breach carries a serious criminal sanction (100 penalty units or 6 months imprisonment).
Duties on the Minister. The Minister appoints the Tribunal and acting members on Attorney General recommendation (ss 6, 7), determines remuneration for non-judicial members (s 12), may remove non-judicial members for cause (s 13(3)), approves use of public servants (s 19(1)), and can direct racing bodies to supply staff (s 19(2)).
Rights of judges appointed to the Tribunal. Their judicial tenure, salary, rank and pension rights are preserved (s 11).
Penalties and enforcement
The Act creates two principal offence provisions. The more serious is s 16A(2): failure without reasonable excuse to comply with a Tribunal notice to attend or produce documents carries a maximum of 100 penalty units or 6 months imprisonment or both. Proceedings are summary and may be brought in the Local Court (s 22).
The lighter offence is s 19(3): a racing controlling body that refuses to comply with a Ministerial direction to supply staff commits an offence punishable by 5 penalty units.
Regulations made under s 23(2) may impose penalties not exceeding 5 penalty units for any contravention.
Enforcement of monetary orders is civil: if Racing NSW, Greyhound Racing NSW or HRNSW fails to meet its share of Tribunal expenses, the Minister may sue for the amount as a debt in any court of competent jurisdiction (s 20(2)).
There are no direct contempt powers in the Act; the Tribunal relies on the statutory offence in s 16A and, where necessary, the inherent jurisdiction of the Supreme Court to protect its own processes.
How it interacts with other laws
The Act is deliberately embedded in the suite of racing legislation. It cross-references and relies upon the Thoroughbred Racing Act 1996 for the constitution of the Appeal Panel and the powers of Racing NSW (ss 4(1), 15, 17). It interacts with the Harness Racing Act 2009 for HRNSW decisions and harness Appeal Panel appeals (ss 4(1), 15B). Greyhound appeals now reference the Greyhound Racing Act 2017 and the Greyhound Welfare and Integrity Commission (s 15A).
The Betting and Racing Act 1998 supplies the meaning of “racing controlling body” used in ss 8A(5) and 19(4).
The Government Sector Employment Act 2013 is expressly disapplied to both Tribunal members (s 14(1)) and expert assessors (s 8A(3)). The office of Tribunal is deemed not to be an office of profit under the Crown (s 14(2)).
The Mental Health Act 1958 (now repealed and replaced) was historically referenced in the vacation-of-office provisions (s 13(2)(c)); current mental-health incapacity would be assessed under successor legislation but the section has not been updated, creating a minor interpretive lacuna.
The Industrial Relations Act 1996 is engaged indirectly because “court” is defined to include the Industrial Relations Commission (s 4(1)), ensuring that industrial aspects of racing disputes remain within the Tribunal’s purview where they intersect with steward or club decisions.
Transitional provisions in Schedule 1, Part 4, map the repealed Greyhound and Harness Racing Administration Act 2004 onto the current Act, preserving continuity of orders, pending proceedings and even the old regulation until new regulations are made.
Recent changes and why
The most recent substantive change was effected by the Racing and Gambling Legislation Amendment Act 2022, which substituted s 15B. The new section expanded HRNSW’s appeal rights and clarified that an appeal lies where the Appeal Panel neglects or refuses to hear an appeal or fails to make a decision. The transitional provision in Schedule 1, clause 13, grandfathers decisions made before the substitution. The change was driven by a desire to give the industry regulator symmetrical appeal rights and to close loopholes where the Appeal Panel simply sat on its hands.
The 2019 No 12 amendments modernised service rules (new s 21), increased the penalty in s 16A(2) from 20 to 100 penalty units, and made minor adjustments to assessor and staff provisions. These updates reflected contemporary needs for electronic service and stronger sanctions for non-compliance.
The 2017 No 13 amendments aligned greyhound provisions with the creation of the Greyhound Welfare and Integrity Commission, substituting new s 15A and updating cross-references.
The 2009 Racing Legislation Amendment Act was the most transformative: it abolished the separate Greyhound and Harness Racing Appeals Tribunal, folded its jurisdiction into the Racing Appeals Tribunal, inserted ss 15A, 15B, 17A and new cost rules in s 20, and added the bulk of Schedule 1 transitional provisions. The policy intent was to rationalise appeal structures, reduce duplication and ensure consistent standards of procedural fairness across all three codes.
The 2004 amendments fundamentally rewrote the thoroughbred appeal pathway, introduced the “new hearing” rule in s 16, and gave the Tribunal broader remedial powers.
Court challenges and controversies
Because the Tribunal’s decisions are declared final and are deemed to be the decisions of the original bodies (ss 17(2), 17A(2)), judicial review is the only avenue to the Supreme Court. Challenges have typically alleged denial of procedural fairness, jurisdictional error, or that the Tribunal asked itself the wrong question.
A recurring controversy has been the interplay between the Tribunal’s “fresh evidence” jurisdiction and the rules of racing that impose strict liability for prohibited substances. Appellants sometimes argue that the Tribunal must admit scientific evidence unavailable at first instance; the Tribunal has generally accepted such evidence but must still apply the racing rules as they stand.
Another area of contention is the scope of “aggrieved person”. Courts have interpreted the term broadly, consistent with the beneficial nature of the appeal right, but have drawn the line at purely commercial third parties who are not themselves the subject of the decision.
The constitution of the Tribunal has been challenged on the basis that a part-time acting member who also holds a racing-industry consultancy creates an apprehension of bias. Section 7(3) prevents the permanent member and an acting member sitting on the same appeal, but does not address other potential conflicts; the common-law bias rules continue to apply.
The deemed-decision fiction has produced litigation where a participant seeks to appeal a Tribunal decision to another statutory body that no longer exists because the Tribunal has stepped into its shoes. Courts have generally held that the statutory fiction operates only for the purposes of the racing rules themselves, not to create new appeal rights.
No challenge has yet succeeded in striking down the entire statutory scheme, but the accumulation of cross-referenced legislation has made the appeal pathway opaque, leading to occasional jurisdictional arguments at the threshold.
Gotchas
Most practitioners assume the Tribunal is bound by the rules of evidence; it is not. Section 16(1) permits fresh evidence without any precondition of “special reason”, and the Tribunal routinely receives hearsay, opinion evidence from industry experts and even unsworn statements. The only real limit is relevance and weight.
Another trap is believing that a stay is automatic. The Act does not itself stay the underlying decision; a stay must be obtained either under the regulations made pursuant to s 18(1)(b) or by separate application to the Tribunal or Supreme Court. Many participants discover too late that their disqualification has already taken effect.
The cost provisions in s 20 are asymmetric. A successful appellant does not automatically recover costs; the Tribunal has no express power to award costs against the racing body unless the regulations so provide. Conversely, the racing body must pay the Tribunal’s own expenses even if it wins.
Section 16A notices are deceptively powerful. They can be served on any person, not merely parties. A journalist or punter who holds relevant footage can be compelled to produce it. The “reasonable excuse” defence has been narrowly construed; inconvenience or commercial sensitivity has not sufficed.
Transitional provisions in Schedule 1 are not merely historical. Clause 13 continues the pre-2022 version of s 15B for decisions made before the 2022 amendment. Failure to check the date of the original decision can lead to arguing the wrong statutory test.
The definition of “qualified person” (s 4(1)) includes retired judges “whether or not in New South Wales”. This has allowed the appointment of former interstate or Federal Court judges, but it also means that a retired judge who has since been disqualified in another jurisdiction could theoretically be appointed unless the Minister exercises the removal power in s 13(3).
Finally, many lawyers overlook that the Tribunal may sit in multiple panels simultaneously (s 7(3)) provided the permanent member and an acting member do not sit on the same appeal. This can produce apparently inconsistent outcomes on similar facts if different assessors or acting members are used; there is no stare decisis rule binding one panel to another.
How to comply
For racing participants contemplating an appeal:
Identify the exact decision and the statutory pathway (s 15 for thoroughbred, s 15A for greyhound, s 15B for harness).
Check the time limit and any prescribed fee in the regulations (currently the Racing Appeals Tribunal Regulation 2015).
Gather all fresh evidence early; the Tribunal will not usually grant adjournments once the hearing date is fixed.
If a witness or document is outside your control, request the Tribunal to issue a s 16A notice at least 14 days before the hearing.
Serve all material on the opposing racing body in accordance with the service rules in s 21.
Consider whether an interim stay is required and apply promptly.
For racing controlling bodies:
Maintain accurate records of every steward, committee and Appeal Panel decision so that the Tribunal file can be produced within 7 days of a notice.
Budget annually for Tribunal expenses; the obligation under s 20(1) is strict and recoverable as a debt.
Ensure staff directed to assist the Tribunal under s 19 are released; the 5 penalty unit fine is small but reputational damage is not.
When the Tribunal varies or substitutes a decision, treat it as your own for all purposes of the Rules of Racing and implement it immediately.
For legal practitioners appearing before the Tribunal:
Remember it is not a court of law; address the Tribunal as “Sir/Madam” or “Tribunal Member”, not “Your Honour”.
Focus on the merits and the regulatory purpose rather than technical evidentiary objections.
Prepare cross-examination on the basis that the Tribunal may have an industry assessor who already understands stable practices.
Cite specific rules of the relevant code (e.g. Australian Rules of Racing r 177 for prohibited substances) and show exactly how the original decision-maker erred or why the substituted decision is preferable.
After the hearing, monitor the Tribunal’s written reasons; although not required by statute they are almost always published and will bind the parties.
For the Tribunal itself and the Minister:
Keep the list of qualified acting members current and maintain the seniority order required by s 7(1A).
When appointing assessors under s 8A, record the consultation with the racing body and specify remuneration clearly to avoid later disputes.
Use the regulation-making power in s 18 to prescribe standard directions, electronic filing and costs scales so that practice is consistent across codes.
The Minister should review the list of non-appealable matters (permitted by s 18(2)) every three years to ensure that only truly minor or administrative decisions are excluded.
Compliance ultimately turns on understanding that the Tribunal is not an adversarial court but a specialist merits reviewer embedded within the racing regulatory pyramid. Parties who treat it as such, prepare fresh evidence thoroughly and respect the statutory timelines achieve the best outcomes.
There is hereby constituted a tribunal under the name of the “Racing Appeals Tribunal”.
6 Appointment of Tribunal
6 Appointment of Tribunal
6 Appointment of Tribunal
The Minister may, upon the recommendation of the Attorney General, appoint a qualified person as the Tribunal.
7 Appointment of acting Tribunal
7 Appointment of acting Tribunal
7 Appointment of acting Tribunal
(1) The Minister may from time to time, on the recommendation of the Attorney General, appoint qualified persons to act as the Tribunal—
(a) during the illness or absence of the person appointed as the Tribunal, or
(b) during a vacancy in the office of the Tribunal, or
(c) on the occasions or in respect of the appeals as the person appointed as the Tribunal directs.
(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.
(2) A qualified person while acting as the Tribunal shall be deemed to be the Tribunal.
(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.
s 7: Subst 1986 No 16, Sch 12. Am 2004 No 23, Sch 2.1 [4]; 2019 No 12, Sch 4[1].
8
8 (Repealed)
8
s 8: Am 1985 No 35, Sch 1 (2); 1996 No 90, Sch 2.11; 2002 No 39, Sch 5.8. Rep 2009 No 21, Sch 1 [4].
8A Tribunal may appoint expert assessor
8A Tribunal may appoint expert assessor
8A Tribunal may appoint expert assessor
(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.
(2) An appointment of an assessor is to be made in writing.
(3) The Government Sector Employment Act 2013 does not apply to or in respect of an assessor.
(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.
(5) In this section—
racing controlling body has the same meaning as in the Betting and Racing Act 1998.
s 8A: Ins 1985 No 35, Sch 1 (3). Subst 2009 No 21, Sch 1 [5]; 2019 No 12, Sch 4[2].
8B
8B, 9 (Repealed)
8B
s 8B: Ins 1985 No 35, Sch 1 (3). Rep 2009 No 21, Sch 1 [6].
s 9: Subst 1985 No 35, Sch 1 (4). Rep 1989 No 59, Sch 1 (2).
10 Term of office
10 Term of office
10 Term of office
Subject to this Act, a person appointed as—
(a) the Tribunal, or
(b) (Repealed)
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.
s 10: Subst 1985 No 35, Sch 1 (4). Am 2009 No 21, Sch 1 [7].
11 Effect of appointment of a judge as the Tribunal
11 Effect of appointment of a judge as the Tribunal
11 Effect of appointment of a judge as the Tribunal
(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.
(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.
(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.
s 11: Am 1985 No 35, Sch 1 (5).
12 Remuneration
12 Remuneration
12 Remuneration
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.
s 12: Subst 1985 No 35, Sch 1 (6); 2009 No 21, Sch 1 [8].
13 Vacation of office
13 Vacation of office
13 Vacation of office
(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—
(a) ceases to be a judge of that court, or
(b) resigns that office by instrument in writing addressed to the Minister.
(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—
(a) dies,
(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,
(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 or a person under detention under Part 7 of that Act,
(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,
(e) resigns that office by instrument in writing addressed to the Minister, or
(f) (Repealed)
(g) is removed from office by the Minister under subsection (3).
(3) The Minister may remove from office—
(a) a person (not being a judge of any court) holding office as, or appointed to act as, the Tribunal, or
(b) (Repealed)
s 13: Am 1985 No 35, Sch 1 (7); 1989 No 59, Sch 1 (3); 2009 No 21, Sch 1 [9] [10].
14 Effect of certain other Acts
14 Effect of certain other Acts
14 Effect of certain other Acts
(1) The Government Sector Employment Act 2013 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.
(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.
s 14: Am 1985 No 35, Sch 1 (8); 2009 No 21, Sch 1 [11]; 2015 No 15, Sch 3.51 [1].
Part 3 Appeals to Tribunal
Part 3 Appeals to Tribunal
Part 3 Appeals to Tribunal
Division 1 Appeals relating to thoroughbred racing
Division 1 Appeals relating to thoroughbred racing
Division 1 Appeals relating to thoroughbred racing
pt 3, div 1, hdg: Ins 2009 No 21, Sch 1 [12].
15 Appeals to Tribunal
15 Appeals to Tribunal
15 Appeals to Tribunal
(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—
(a) a decision of the Appeal Panel on an appeal under the Thoroughbred Racing Act 1996,
(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,
(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 but that the Appeal Panel or racing association neglects or refuses to hear and determine,
(d) a decision of Racing NSW.
(2) Racing NSW may, in accordance with the regulations, appeal to the Tribunal against the following decisions—
(a) a decision of the Appeal Panel on an appeal under the Thoroughbred Racing Act 1996,
(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,
(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 but that the Appeal Panel or racing association neglects or refuses to hear and determine.
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].
Division 2 Appeals relating to greyhound racing or harness racing
Division 2 Appeals relating to greyhound racing or harness racing
Division 2 Appeals relating to greyhound racing or harness racing
pt 3, div 2: Ins 2009 No 21, Sch 1 [13].
15A Appeals to Tribunal relating to greyhound racing
15A Appeals to Tribunal relating to greyhound racing
15A Appeals to Tribunal relating to greyhound racing
(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—
(a) a decision of a greyhound racing club within the meaning of the Greyhound Racing Act 2017,
(b) a decision of a steward appointed by the Greyhound Welfare and Integrity Commission.
(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—
(a) any person,
(b) a greyhound racing club within the meaning of the Greyhound Racing Act 2017.
s 15A: Ins 2009 No 21, Sch 1 [13]. Subst 2017 No 13, Sch 7.10 [3].
15B Appeals to Tribunal relating to harness racing
15B Appeals to Tribunal relating to harness racing
15B Appeals to Tribunal relating to harness racing
(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—
(a) a decision of the Appeal Panel on an appeal under the Harness Racing Act 2009,
(b) a decision for which an appeal is properly made to the Appeal Panel under the Harness Racing Act 2009 if the Appeal Panel—
(i) neglects or refuses to hear the appeal or
(ii) fails to make a decision on the appeal,
(c) a decision of HRNSW.
(2) HRNSW may, in accordance with the regulations, appeal to the Tribunal against a decision referred to in subsection (1)(a) or (b).
s 15B: Ins 2009 No 21, Sch 1 [13]. Subst 2022 No 22, Sch 4[1].
Division 3 Procedure and regulations relating to appeals
Division 3 Procedure and regulations relating to appeals
Division 3 Procedure and regulations relating to appeals
pt 3, div 3, hdg: Ins 2009 No 21, Sch 1 [13].
16 Procedure on appeal
16 Procedure on appeal
16 Procedure on appeal
(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.
(2) Proceedings on an appeal are to be held as in open court before the Tribunal.
s 16: Subst 2004 No 23, Sch 2.1 [6].
16A Persons required to attend hearings or produce documents
16A Persons required to attend hearings or produce documents
16A Persons required to attend hearings or produce documents
(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—
(a) giving evidence relating to an appeal being heard or to be heard by the Tribunal, or
(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.
(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.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
(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.
s 16A: Ins 2004 No 23, Sch 2.1 [6]. Am 2019 No 12, Sch 4[3].
17 Determination of appeals relating to thoroughbred racing
17 Determination of appeals relating to thoroughbred racing
17 Determination of appeals relating to thoroughbred racing
(1) The Tribunal may do any of the following in respect of an appeal under section 15—
(a) dismiss the appeal,
(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),
(c) refer any matter relating to the decision appealed against to the Appeal Pa
This is an opening excerpt, not the complete document.