Racing Penalties (Appeals) Act 1990 (Western Australia)

The Racing Penalties (Appeals) Act 1990 creates a specialist appellate body, the Racing Penalties Appeal Tribunal of Western Australia (the Tribunal), and transfers to that body statutory jurisdiction to hear and finally determine appeals against disciplinary determinations arising from greyhound, harness and thoroughbred racing. The Act (a) establishes the Tribunal (s 4), (b) sets out the constitution, membership and administrative arrangements for its operation (ss 4-9; Schedule), (c) identifies which kinds of decisions may be appealed to the Tribunal and which are excluded or channelled to RWWA (ss 12-15), (d) prescribes appeal procedure and the Tribunal’s investigatory and hearing powers (ss 10-19), and (e) provides for enforcement, finance, audit, publication controls and related offences (ss 20-25; s 21; s 23).

Mechanically, the Act does the following specific things:

Establishes the Tribunal as a statutory body (s 4), with a seal (s 4(2)) and a Registrar employed under the Public Sector Management Act to run its business (s 8).
Requires the Minister to appoint a legally qualified Chairperson (a lawyer of at least seven years’ standing) and permits appointment of acting Chairpersons (s 5).
Creates a ministerially appointed panel of eligible members (magistrates or persons of similar qualifications) from which the Chairperson selects members to constitute a Tribunal for each appeal (s 6).
Confers final appellate jurisdiction over suspensions, disqualifications, fines, warning-off notices and, with leave in certain cases, other racing-related matters originally determined by RWWA, stewards, clubs or committees (s 13; s 14(1)(b); s 15).
Prescribes a 14‑day appeal period for ordinary appeals (s 13(1); s 16(1)) and requires lodging of a written notice, fee and, if directed, security for costs (s 16(1)-(3)).

CrestWestern Australia

Racing Penalties (Appeals) Act 1990

Western Australia

Racing Penalties (Appeals) Act 1990

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

Part 2 — The Racing Penalties Appeal Tribunal of Western Australia

Division 1 — Constitution and administration

Racing Penalties Appeal Tribunal of Western Australia 5
Chairperson and acting Chairperson 5
Panel of members 6
Eligibility to sit on particular Tribunal 7
Registrar 8
Relationship with Minister 8

Division 2 — Jurisdiction and functions

Jurisdiction, as variously constituted 10
Proceedings before Tribunal 12
Appeals which are not to be heard by Tribunal 13
Appeals which shall be heard by Tribunal 14
Determination of an appeal 16
Other avenues of appeal may no longer be applicable 17

Division 3 — Procedures and powers

Procedure on making an appeal 17
Hearing powers 19
Withdrawal of appeals 23
Disobedience to determinations of Tribunal 23

Part 3 — Miscellaneous

Offences 25
Reasons for determinations 26
Protection 26
Evidentiary provisions, and recovery of moneys ordered to be paid 26
Finance and audit 27
Regulations 29
Transitional 30

Schedule — Provisions with respect to the constitution and membership of the Racing Penalties Appeal Tribunal of Western Australia

Public service officer may be member of a Tribunal 32
Remuneration 32
Eligibility for, and vacation of, office and conditions of appointment 32
Removal from office 34
Validity of proceedings etc. 34
Presumptions 35

Notes

Compilation table 36

Uncommenced provisions table 38

Other notes 38

Defined terms

Western Australia

Racing Penalties (Appeals) Act 1990

An Act to constitute the Racing Penalties Appeal Tribunal of Western Australia, to confer jurisdiction in respect of appeals against penalties imposed in disciplinary proceedings arising from, or in relation to, the conduct of greyhound racing, horse racing and harness racing, and for related purposes.

Part 1 — Preliminary

1. Short title

This Act may be cited as the Racing Penalties (Appeals) Act 1990.

2. Commencement

This Act shall come into operation on such day as is, or such days as are respectively, fixed by proclamation.

3. Terms used

(1) In this Act, unless the contrary intention appears —

bet includes wager;

bookmaker means a person holding a current licence under the Betting Control Act 1954;

Chairperson means the holder of the office of Chairperson of the Tribunal but includes a reference to a member acting as Chairperson;

determination includes a reference to a decision, order or direction;

horse includes pony;

member means the Chairperson or a person appointed by the Minister under section 6 who, in relation to any particular appeal, has been appointed by the Chairperson to sit as a member of the Tribunal in respect of that appeal;

owner, in relation to a runner which is leased, includes any person who is a lessee of that runner;

pacer means a horse which when raced is driven in harness, and includes the kind of horse commonly known as a trotter;

race means a contest in which 2 or more runners compete simultaneously one against the other or others, in a test of speed over a designated distance, course or period of time or for the purpose of providing a contingency on which bets may be made, but the term does not include —

(a) a trial; or

(b) except in relation to a steeple chase or other event where jumping skills are material, a contest or event in which skills other than speed alone are tested;

race meeting means a meeting for the purpose of conducting races between greyhounds or thoroughbreds or pacers;

racecourse means a place for the holding of lawful race meetings;

racing includes a reference —

(a) to greyhound racing; and

(b) to harness racing; and

and to any race or race meeting, as the context may require;

Registrar means the Registrar of the Tribunal referred to in section 8;

runner in relation —

(a) to greyhound racing, means a greyhound; and

(b) to harness racing, means a pacer; and

RWWA means Racing and Wagering Western Australia established under the Racing and Wagering Western Australia Act 2003;

RWWA Act means the Racing and Wagering Western Australia Act 2003;

steward means a steward appointed under the RWWA Act;

thoroughbred means a horse which when raced is galloped and is ridden by a jockey;

trial means an event held for the purpose of testing or training runners for which no prize money or other award, gratuity or privilege of more than a nominal value is offered;

Tribunal means the Racing Penalties Appeal Tribunal of Western Australia established under section 4 and includes a reference to that Tribunal however it may be from time to time constituted under this Act.

(2) A word or expression used in this Act has the same meaning as it has in the RWWA Act unless —

(a) this Act gives it another meaning; or

(b) the contrary intention appears in some other way.

[Section 3 amended: No. 11 of 1992 s. 70; No. 23 of 1998 s. 20; No. 35 of 2003 s. 180.]

Part 2 — The Racing Penalties Appeal Tribunal of Western Australia

Division 1 — Constitution and administration

4. Racing Penalties Appeal Tribunal of Western Australia

(1) There is hereby established a body which, when constituted in accordance with this Act and carrying out the functions conferred by this Act, shall be known as the Racing Penalties Appeal Tribunal of Western Australia.

(2) The Tribunal shall have a seal of which all courts and persons acting judicially shall take judicial notice.

(3) The Tribunal may, by arrangement made between the Chairperson and the Minister concerned, and on such terms and conditions as may be mutually arranged with that Minister and, if appropriate, with the relevant employing authority within the meaning of the Public Sector Management Act 1994, make use, either full time or part time, of —

(a) the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in the right of the State; or

(b) any facilities of a department of the Public Service of the State or of a State instrumentality.

(4) The Schedule has effect with respect to the constitution of the Tribunal.

[Section 4 amended: No. 32 of 1994 s. 19.]

5. Chairperson and acting Chairperson

(1) The Minister shall, in writing, appoint a person who is a lawyer of not less than 7 years’ standing and practice to be the Chairperson of the Tribunal.

(2) The Minister may, in writing, appoint a member, who need not be eligible for appointment as the Chairperson under subsection (1), to act, at any time when in the opinion of the Minister it may be necessary, in the office of Chairperson of the Tribunal (either in addition to, or where the need arises by reason of the absence or any incapacity of that person in substitution for, the Chairperson appointed under subsection (1)), and when so acting a person has the powers and duties of Chairperson but if additionally appointed shall so act in accordance with any directions that may be given by the Chairperson appointed under subsection (1).

[Section 5 amended: No. 65 of 2003 s. 116; No. 21 of 2008 s. 695(2); No. 9 of 2022 s. 424.]

6. Panel of members

(1) Where the Chairperson is of the opinion that it is practicable, a Tribunal sitting in relation to any appeal shall be constituted by not less than 3 members.

(2) The members who are to constitute the Tribunal in relation to any appeal shall be selected by the Chairperson, who may have regard to their respective knowledge or experience relating to the code of racing in respect of which the appeal arose.

(3) The Minister shall, by appointments in writing notified in the Gazette, establish a panel of persons who are eligible to be selected by the Chairperson to be appointed as members of a Tribunal in relation to any appeal.

(4) A person shall not be appointed by the Minister under this section unless the Minister is satisfied that the person —

(a) is, or would be eligible for appointment as, or has been, a magistrate; or

(b) by virtue of practice or judicial service in another jurisdiction, in Australia or elsewhere, has qualifications and experience of a nature substantially similar to those required in a magistrate.

[Section 6 amended: No. 24 of 2000 s. 37.]

7. Eligibility to sit on particular Tribunal

(1) A person shall not sit as a member of a Tribunal on an appeal where the person is, or at the time when the event giving rise to the appeal occurred was, interested in —

(a) a greyhound, where the appeal relates to greyhound racing; or

(b) a thoroughbred, where the appeal relates to thoroughbred racing; or

and any person who so sits as a member commits an offence.

Penalty: $5 000.

(2) A person shall not sit as a member of a Tribunal on an appeal arising out of —

(a) the running of a race; or

(b) any matter which occurred during a race; or

if that person had an interest in a runner in the race, and any person who so sits as a member commits an offence.

Penalty: $5 000.

(3) For the purposes of subsections (1) and (2) a person shall be deemed to have had an interest in a runner if that person —

(a) at the time when the event giving rise to the appeal occurred was —

(i) an owner or the trainer of the runner; or

(ii) an employee or agent of the owner or trainer;

(b) bet on the race or matter which is the subject of the appeal, whether or not on that runner.

(4) A Tribunal constituted in accordance with this Act may sit and exercise the jurisdiction of the Tribunal notwithstanding that a Tribunal differently constituted in accordance with this Act is at the same time sitting and exercising the jurisdiction of the Tribunal in relation to some other appeal.

(5) Any question as to the manner in which a Tribunal shall be, or is, constituted in relation to any particular appeal may, subject to direction by the Minister, be determined by the Chairperson.

[Section 7 amended: No. 35 of 2003 s. 181.]

8. Registrar

(1) The Minister shall appoint a person employed under and subject to Part 3 of the Public Sector Management Act 1994 to be the Registrar and executive officer of the Tribunal.

(2) The Registrar may exercise such functions of the Tribunal, or such functions in relation to such matters, as may in writing under the hand of the Chairperson be delegated to the Registrar but shall, if the Tribunal or the Chairperson so directs, refer any matter or thing arising in the exercise of those functions to the Tribunal for its determination.

(3) Nothing in subsection (2) prevents the Tribunal from exercising a function referred to in that subsection.

[Section 8 amended: No. 32 of 1994 s. 19.]

9. Relationship with Minister

(1) For parliamentary purposes or for the proper conduct of the Minister’s public business, the Minister is entitled to have information in the possession of the Tribunal and to have and retain copies of documents requested.

(2) For the purposes of subsection (1) the Minister may —

(a) request the Registrar to furnish information to the Minister; and

(b) request the Chairperson to ensure that the Minister is given access to information; and

(c) make use of any staff or facilities available to the Tribunal to obtain the information and to furnish it to the Minister.

(3) A request made under subsection (2) shall be complied with, and staff and facilities made available to the Minister for the purposes of that subsection.

(4) Prior to the submission of the annual report of operations required by the Financial Management Act 2006, which shall include the text of any direction given under subsection (5), and at any other time the Minister so requests, the Chairperson shall furnish to the Minister a report on the activities of the Tribunal, during the then or preceding racing calendar year and not previously reported on, in terms of the conduct and consequence of any investigations, appeals, and other matters likely to affect the racing industry.

(5) The Minister may give directions in writing to the Tribunal with respect to its functions and administration, either generally or with respect to a particular matter (but not in relation to the conduct of any particular appeal) and the Chairperson shall ensure that effect is given to any such direction.

(6) For the purposes of this section —

document includes any data that is recorded or stored mechanically, photographically, or electronically and any tape, disc or other device or medium on which it is recorded or stored;

information means documents or other information relating to the functions of the Tribunal being information, as so defined, specified, or of a description specified, by the Minister; and

parliamentary purposes means the purpose of —

(a) answering a question asked in a House of Parliament; or

(b) complying with a written law, or an order or resolution of a House of Parliament, that requires information to be furnished to a House of Parliament.

[Section 9 amended: No. 77 of 2006 Sch. 1 cl. 143(1).]

Division 2 — Jurisdiction and functions

10. Jurisdiction, as variously constituted

(1) Subject to this section the Tribunal shall, when exercising jurisdiction conferred on it in relation to any appeal, be constituted by —

(a) the member presiding, being the Chairperson or a member whom the Chairperson has appointed as such in relation to that appeal or appeals of that kind; and

(b) where in the opinion of the Chairperson that is practicable, not more than 2 other members appointed by the Chairperson to sit in relation to that appeal.

(2) Subject to subsection (3), if proceedings before the Tribunal are instituted in relation to 2 or more appeals and the same or similar questions are involved the proceedings may by order of the Chairperson be consolidated, if the Chairperson considers that it would not unfairly prejudice any party and it would be otherwise expedient to conduct the proceedings together, and thereupon the Tribunal shall exercise the jurisdiction conferred in respect of each of those appeals together in the consolidated proceedings, either on the basis of the evidence given at the original hearings or by way of a new hearing, in such manner as may be specified in that order.

(3) Where proceedings are to be consolidated under subsection (2) the Tribunal shall be constituted by —

(a) the Chairperson, or a member appointed by the Chairperson, as the order for consolidation may provide, who shall preside; and

(b) 2 or more members appointed by the Chairperson being, so far as may be practicable, persons who —

(i) were members of one or more of the Tribunals before which the proceedings to be consolidated were originally instituted; and

(ii) are appointed so as to take into account each of those proceedings,

and the manner in which the Tribunal can be constituted shall be taken into account by the Chairperson when determining the manner in which the consolidated proceedings are to be conducted.

(4) Where the parties to an appeal so agree, the regulations so prescribe, or the Chairperson determines that in the circumstances it is necessary, matters in which the Tribunal has jurisdiction may be dealt with by the Tribunal constituted by the Chairperson or a member appointed to do so by the Chairperson, sitting alone.

(5) Where the regulations so prescribe, matters in which the Tribunal has jurisdiction may be dealt with by the Tribunal constituted by the Registrar sitting alone but the Registrar may, and if the Chairperson so directs the Registrar shall, refer a particular matter or thing to the Tribunal as constituted under subsection (1), (3) or (4).

(6) Nothing in subsection (4) or (5) prevents any matter from being dealt with by the Tribunal constituted in accordance with subsection (1) or (3), as the case requires.

(7) Where the Chairperson in relation to a particular appeal appoints a person to be a member constituting the Tribunal for that appeal the Chairperson shall cause the appointment to be evidenced in writing under the hand of the Registrar.

11. Proceedings before Tribunal

(1) The Tribunal, comprising the member or members by which it is for the time being constituted, shall —

(a) conduct its proceedings at such times and places as are necessary to enable it to discharge its functions; and

(b) act according to equity, good conscience and the substantial merits of the case; and

(2) The Minister may at any time require the Chairperson to convene a meeting of the Tribunal, in relation to any matter in respect of which a notice of appeal has been lodged under this Act.

(3) At any proceedings —

(a) the member presiding shall determine any question relating to —

(i) the jurisdiction of the Tribunal; and

(ii) the admissibility of evidence; and

(iii) law or procedure;

and

(b) subject to paragraph (a), any decision of the Tribunal shall be determined by a majority vote of its members, but the member presiding shall have a casting vote in addition to a deliberative vote should the votes be otherwise equal; and

(c) an appeal shall be heard and determined upon the evidence at the original hearing when the decision or finding appealed against was made, but, if the member presiding considers that to be proper, expert or other evidence may be required or admitted; and

(d) the Tribunal may appoint persons to act as —

(i) counsel; or

(ii) expert or technical advisers,

to assist the Tribunal; and

(e) the Tribunal —

(i) is to make a full and thorough investigation in open court, without regard to the forms, requirements or solemnities that might have been appropriate in legal proceedings; and

(ii) may inform itself on any matter in such manner as it thinks fit, and admit any evidence considered by the member presiding to be relevant notwithstanding that that evidence would not be admissible in a court of law; and

(iii) may take into account any matters relating to, or to the administration of, racing that are within the knowledge or experience of a member of the Tribunal or which have arisen in or as a result of other proceedings or appeals before a controlling authority or the Tribunal,

but may hear evidence in camera in prescribed circumstances.

(4) The Tribunal shall cause accurate minutes to be kept of proceedings at its meetings.

(5) Where the member presiding is of the opinion that this Act or any regulation relating to the practice or procedure of the Tribunal does not apply to a particular matter or circumstance arising before the Tribunal, the member presiding may issue such directions as that member considers appropriate.

12. Appeals which are not to be heard by Tribunal

(1) Subject to section 13(2) and leave of the Tribunal, the jurisdiction of the Tribunal does not extend to a determination of a steward, a racing club or a committee, in so far as that determination relates only to —

(a) any protest or objection against a placed runner arising out of any incident occurring during the running of a race; or

(b) the eligibility of a runner to take part in, or the conditions under which a runner takes part in, any race; or

where, in respect to that determination, the prospective appellant has, under the rules of racing, a right of appeal to RWWA.

(2) An appeal under subsection (1) to RWWA shall be heard and determined in accordance with the rules of racing.

(3) The determination of RWWA with respect to the subject of an appeal to which subsection (1) applies —

(a) shall be taken to be, and given effect to as though it had been, also the determination of any club, or of any committee or stewards, from which the appeal was made; and

(b) subject to section 13(2), is final and binding on the parties to that appeal and not subject to further appeal or review.

[Section 12 amended: No. 35 of 2003 s. 182.]

13. Appeals which shall be heard by Tribunal

(1) A person (in this Part referred to as the appellant) who is aggrieved by 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 —

(a) imposing any suspension or disqualification, whether of a runner or of a person; or

(b) imposing a fine; or

(d) in relation to any other matter, where the Tribunal gives leave to appeal,

may, within 14 days after the making of the determination, or in the case of a notice of warning‑off the giving of the notice, appeal to the Tribunal.

(2) An appeal —

(a) that by reason of section 12 would not lie to the Tribunal were it not for this subsection, but is an appeal that in the opinion of the Chairperson may arise out of the same incident, or incidents, as an appeal which could have been or has been made to the Tribunal; or

(b) that by reason of the public interest, the Chairperson has determined may be an appeal to which this subsection should apply,

may be made to and heard by the Tribunal, by leave of the Tribunal.

(3) An application, to refer to the Chairperson any question as to whether or not an appeal which would otherwise not lie to the Tribunal is an appeal to which subsection (1)(d) or subsection (2) applies, may be made to the Registrar —

(a) if the case is one of urgency, ex parte on affidavit; and

(b) in any other case, in such manner and on giving such notice, as the Registrar may require,

and shall be determined in the first instance by the Chairperson, and if the Chairperson is of the opinion that the leave of the Tribunal should be sought may be heard by the Tribunal by way of preliminary argument.

(4) On an application made under subsection (3), the Chairperson may give directions as to the further proceedings in the matter, including directions of a kind to which section 17(7) refers or as to the effect to be given to any determination, and effect shall be given to any such direction by any person to whom the direction applies.

[Section 13 amended: No. 35 of 2003 s. 183.]

14. Determination of an appeal

(1) A determination of the Tribunal in relation to an appeal —

(a) shall be taken to be, and given effect to as though it had been, also the determination of RWWA, of a steward, of a racing club, or of a committee, from which the appeal was made; and

(b) is final and binding on the parties to that appeal, and not subject to further appeal or review.

(2) The Tribunal shall cause notice of any determination in relation to an appeal to be given to the parties to the appeal.

(3) Upon a determination in respect of an appeal the Tribunal shall order that any security for costs lodged under section 16 be refunded to the appellant unless the Tribunal is of the opinion that the appeal was frivolous or vexatious and —

(a) orders that the whole or part of the moneys be forfeited; or

(b) makes an order for the payment of costs from those moneys to any other party to the appeal.

(4) The member presiding shall, in every case, forward to the Minister a copy of the determination of the Tribunal, and shall if so requested also forward notes of the evidence given, and any member of the Tribunal who dissents from the determination may likewise forward written reasons for so dissenting.

[Section 14 amended: No. 35 of 2003 s. 184.]

15. Other avenues of appeal may no longer be applicable

(1) Subject to subsection (2), notwithstanding —

(a) any law or rule of law to the contrary; or

(b) anything contained in the Rules of Greyhound Racing, the Rules of Harness Racing or the Rules of Thoroughbred Racing or in the constitution, rules or articles of a racing club,

an appeal shall not, after the commencement of this Act, be made to, or heard by, RWWA, a racing club or any committee or stewards in respect of any determination or finding in relation to which an appeal is made to the Tribunal under section 13.

(2) Where, in relation to any determination or finding of RWWA, of a racing club, or of any committee or stewards, an appeal lies to the Tribunal only if the Tribunal gives leave, any appeal in respect of that determination or finding heard otherwise than by the Tribunal shall be given effect to until such time as the Tribunal has given leave and made its determination.

[Section 15 amended: No. 35 of 2003 s. 185.]

Division 3 — Procedures and powers

16. Procedure on making an appeal

(1) An appeal shall be instituted by lodging with the Registrar —

(a) a written notice of appeal; and

(b) the prescribed fee on lodgement of a notice of appeal; and

within 14 days after the determination or finding appealed from was made.

(2) A notice of appeal shall set out clearly —

(a) the name and address of the appellant; and

(b) the determination appealed against; and

(d) the occasion when, and the person by which, that determination was made.

(3) On the lodgement with the Registrar of a notice of appeal, the Registrar shall —

(a) bring the fact of the lodgement and the notice of the appeal to the attention of the Chairperson, and in accordance with the directions of the Chairperson cause a Tribunal to be constituted; and

(b) fix a time and place for the hearing of the appeal, which shall be heard and determined as soon as is practicable after the lodging of the notice of appeal; and

(d) serve —

(i) on the secretary of the club or to the committee or stewards, responsible for the determination or finding appealed against; and

(ia) on RWWA; and

(ii) on such other persons likely to be affected as the Registrar may determine or the Chairperson may direct; and

(iii) so far as is practicable, if the placing of any runner may be affected by the result of the appeal, on the trainer or an owner of that runner (not being the appellant),

a copy of the notice of appeal, together with reasonable notice of the time and place fixed for the hearing,

and any person on whom a copy of the notice of appeal is served under this subsection is entitled to be heard at the appeal and, if that person appears or is represented at the hearing, the person shall be taken to have elected to be a party to the proceedings.

(4) On receipt of a notice of appeal, RWWA, a steward or a club or committee responsible for the determination or finding appealed against shall forthwith furnish to the Registrar a transcript of the evidence taken at the hearing in relation to which the appeal has been lodged, but the Tribunal is not required to make a copy of that transcript, or information as to what it contains, available to the appellant or any other person.

(5) If a person served with notice of a hearing under subsection (3) does not attend at the time and place fixed by the notice, the Tribunal may conduct the proceedings in the absence of that person.

(6) A person entitled to be heard at an appeal may —

(a) appear personally; or

(b) be represented in those proceedings —

(i) by counsel; or

(ii) with the leave of the Tribunal, by any other person.

(7) A person who, not being a legal practitioner, demands or receives any fee or reward for representing a party to an appeal commits an offence.

Penalty: $500.

(8) The Tribunal shall afford to a person who is entitled to be heard at an appeal a reasonable opportunity to call or give evidence, to examine or cross‑examine witnesses, and to make submissions to the Tribunal.

[Section 16 amended: No. 35 of 2003 s. 186; No. 65 of 2003 s. 58(2); No. 21 of 2008 s. 695(3); No. 9 of 2022 s. 424.]

17. Hearing powers

(1) At the hearing of an appeal the Tribunal, if it considers in the circumstances of the case that it would be just to do so, may permit the appellant to amend the grounds of appeal.

(2) The Tribunal shall have the power to enlarge or abridge the times fixed or appointed by this Act or the Tribunal as it sees fit.

(3) The Tribunal may by summons signed by the Registrar before or during the hearing of an appeal call upon any person to appear before it to —

(a) give evidence in such manner as may be directed; and

(b) produce such papers, documents, exhibits or other things; and

as the Tribunal determines to be necessary or proper for the purpose of the hearing.

(4) The Tribunal may —

(a) inspect any document, exhibit or other thing produced before the Tribunal, and retain it for such reasonable period as the Tribunal thinks fit, and make copies of any document or any of its contents; and

(b) inspect any racecourse or other place or facilities relevant to the proceedings; and

(c) require any person to swear or affirm that the person will truly answer all questions relating to a matter being inquired into by the Tribunal that are put to the person either by or before the Tribunal (and for that purpose the member presiding, the Registrar or an officer employed in the Public Service of the State and assisting the Tribunal may administer any oath or affirmation); and

(d) require any person appearing before the Tribunal, and any person whose conduct is or becomes a matter of inquiry at that appeal whether or not that person was initially summoned to appear, to answer any relevant question put to that person by a member of the Tribunal or by any other person appearing before the Tribunal.

(5) A person is not excused from complying with a requirement under subsection (4) to swear or affirm, or to answer any question, on the ground that the answer to a question put to the person might incriminate the person or render the person liable to a penalty, but an answer given by a person pursuant to a requirement under subsection (4) is not admissible in evidence against the person in any civil or criminal proceedings other than proceedings for perjury or for an offence arising out of the false or misleading nature of that answer.

(6) In the course of any proceedings the Tribunal may —

(a) receive in evidence any transcript of evidence in proceedings before a court or other person acting judicially and draw any conclusion of fact from that evidence; or

(b) receive and admit any evidence given by affidavit or statutory declaration, or otherwise in a manner the member presiding determines to be appropriate, having regard to the principles of natural justice; or

(c) adopt, in the discretion of the member presiding, any finding, decision, or judgment of a court or other person acting judicially that is relevant to the proceedings before the Tribunal; or

(d) adjourn the hearing from time to time or from place to place, upon such conditions as the member presiding thinks fit.

(7) Upon, or prior to, the hearing of an appeal the Chairperson or the member appointed to preside at the Tribunal determining that appeal may, by direction signed by the Registrar, direct RWWA, a steward, racing club or committee, as appropriate, to suspend the operation of any order, or any pecuniary or other penalty imposed, or any consequences arising from any determination or finding, in relation to which that person has a right of appeal —

(a) to RWWA; or

(b) to the Tribunal; or

until that right of appeal is exercised or has lapsed and, if exercised, until the appeal is determined, but shall not make any such direction if it would prejudice a stay of proceedings implemented by RWWA or by that steward, racing club or committee or where it appears that the primary reason for a request to do so is to allow the appellant to continue to undertake riding or driving engagements or to conduct business pending the appeal for a period in excess of that which may be permitted by RWWA.

(8) The member presiding may direct that any evidence given before the Tribunal, or the contents of any documents or a report as to the nature of any exhibit or other thing there produced, shall not be published.

(9) Upon the determination of an appeal the Tribunal may —

(a) order the refund or repayment of any stakes paid in respect of a race to which the appeal relates; and

(b) refer the matter to RWWA or the appropriate racing club, committee or stewards for rehearing; and

(c) confirm, vary or set aside the determination or finding appealed against or any order or penalty imposed to which it relates; and

(d) recommend, or require, that RWWA or the appropriate racing club, committee or stewards take further action in relation to any person; and

(e) make such other order as the member presiding may think proper including an order for the total or partial refund of any fee paid or, subject to subsection (10), an order that all or any of the costs and expenses of the Tribunal or any party to the appeal shall be paid by a specified person; and

(f) where the payment of costs or expenses is ordered, fix the amount to be paid.

(10) An order for the payment of costs shall not be imposed save where the member presiding is satisfied that the appeal, or the aspect of the appeal to which the order relates, was vexatious or frivolous.

[Section 17 amended: No. 35 of 2003 s. 187.]

18. Withdrawal of appeals

(1) An application for leave to withdraw an appeal shall be made in writing and lodged with the Registrar.

(2) An appeal duly lodged shall not be withdrawn without the leave of the Chairperson, or of the member presiding at the Tribunal as constituted for that appeal.

(3) In granting leave to withdraw an appeal conditions may be imposed —

(a) notwithstanding section 17(10), as to costs; and

(b) otherwise,

as the Chairperson or member presiding thinks fit.

19. Disobedience to determinations of Tribunal

(1) RWWA and each steward, racing club, committee and other person affected by a determination of the Tribunal in relation to an appeal shall forthwith comply with any order made or direction given by the Tribunal to that person in respect of the determination and give effect to the determination within the time required by the Tribunal.

(2) Subject to subsection (3), the Chairperson has, in relation to —

(a) RWWA; or

(aa) a steward; or

(b) a racing club; or

(d) other persons,

guilty of disobedience to an order made or direction given by the member presiding at any Tribunal the same powers as are conferred on a Judge under the Supreme Court Act 1935 for punishing disobedience to an order of the Supreme Court.

(3) Subsection (2) does not apply in respect of disobedience to an order where proceedings have been commenced for an offence against section 20 or a provision of any other Act in respect of that disobedience.

[Section 19 amended: No. 35 of 2003 s. 188.]

Part 3 — Miscellaneous

20. Offences

(1) A person who —

(a) having been served with a summons to attend before the Tribunal, fails without reasonable excuse (proof of which lies upon that person) to attend in obedience to the summons; or

(b) having been served with a summons to produce before the Tribunal any document, exhibit or other thing, fails without reasonable excuse (proof of which lies upon that person) to comply with the summons; or

(c) fails to provide access to any racecourse, place or facility required by the Tribunal, being a person apparently in a position to grant or obtain that access; or

(d) misbehaves before the Tribunal, wilfully insults the Tribunal or any member, or interrupts the proceedings of the Tribunal; or

(e) fails without reasonable excuse (proof of which lies upon that person) to swear or affirm, or to answer any question, when required to do so by the Tribunal,

is guilty of an offence.

Penalty: $2 000.

(2) A person who knowingly —

(a) makes a false declaration, false statement or false representation; or

(b) gives false evidence,

in connection with an appeal under this Act is guilty of an offence.

Penalty: $2 000.

21. Reasons for determinations

Where, within 14 days after the Tribunal has given notice of its determination in relation to that appeal to that party, a party to an appeal before the Tribunal requests the Registrar to furnish reasons in writing for the determination the Tribunal shall comply with the request of that party and set out in writing the reasons for the determination.

22. Protection

(1) No liability attaches to the Chairperson or any member of the Tribunal, the Registrar, or any other person for any act or omission by or on the part of that person, or by the Tribunal or on the part of the Tribunal, that occurred in good faith and in the performance or discharge, or purported performance or discharge, of the functions of that person or the Tribunal under this Act.

(2) A party to the appeal or a witness appearing before the Tribunal has the same protection, and is subject to the same liabilities, as a witness in any case tried in the Supreme Court.

(3) No action or proceeding, civil or criminal, lies against the Crown in right of the State, the Minister, the Chairperson or a member presiding at the Tribunal or the Registrar in respect of the publication of a transcript or proceedings of the Tribunal or of a report of a determination made, or the reasons for a determination given, by the Tribunal.

23. Evidentiary provisions, and recovery of moneys ordered to be paid

(1) In all courts and before all persons and bodies authorised to receive evidence —

(a) a document purporting to record a determination made by the Tribunal and purporting to be certified by the Registrar to be such a record, or a copy of it, shall be admitted as a true copy of the record of that determination; and

(b) judicial notice shall be taken of the signature of the Registrar on such a document.

(2) Where a determination of the Tribunal requires the payment of any money, the Registrar shall, upon application by a party to the proceedings in which the determination was made or a person claiming through or under such a party, issue a certified copy of the record of that determination.

(3) The certified copy of the record of the determination may be lodged with the Magistrates Court in accordance with the court’s rules of court (which may provide for the payment of a lodging fee), for registration and when registered by the court may be enforced as if it were a judgment of the court.

[Section 23 amended: No. 59 of 2004 s. 142.]

24. Finance and audit

(1) The funds available to the Tribunal to enable it to perform its functions are —

(a) moneys from time to time appropriated by Parliament; and

(b) moneys derived from the performance of its functions; and

(d) other moneys made available to the Tribunal or to which it becomes entitled.

(2) The Registrar, before the end of each financial year, shall —

(a) make an estimate of the total anticipated cost of the operations of the Tribunal for the ensuing financial year of the Tribunal; and

(b) submit that estimate, adjusted in accordance with subsection (3), to the Minister for approval.

(3) The estimate submitted under subsection (2)(b) shall be adjusted —

(a) to include the amount, if any, by which the amount paid by RWWA under subsection (4) in respect of the previous financial year, fell short of the actual total cost of the operations of the Tribunal for that financial year; or

(b) to exclude the amount, if any, by which the amount paid by RWWA under subsection (4) in respect of the previous financial year, exceeded the actual total cost of the operations of the Tribunal for that financial year,

as the case requires.

(4) The amount representing the estimate approved by the Minister under subsection (2) shall be —

(a) deducted by RWWA from the moneys that, but for section 106(1)(h) of the RWWA Act, would otherwise be available to be paid or credited to racing clubs by RWWA under section 106 of the RWWA Act; and

(b) paid by RWWA to the Tribunal.

[(5)-(7) deleted]

(8) One or more accounts are to be established in respect of the funds of the Tribunal —

(a) as agency special purpose accounts under section 16 of the Financial Management Act 2006; or

(b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act,

to which all amounts received by the Tribunal are to be credited and all expenditure charged.

(9) The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Tribunal and its operations.

(10) The financial year of the Tribunal that —

(a) began on 1 August 2006; and

(b) would have ended on 31 July 2007 in accordance with this subsection, as in force immediately before the commencement of the Racing and Wagering Legislation Amendment Act 2007 section 7,

is to be taken to have ended on 30 June 2007.

[Section 24 amended: No. 11 of 1992 s. 71; No. 49 of 1996 s. 59; No. 35 of 2003 s. 189; No. 28 of 2006 s. 407; No. 77 of 2006 Sch. 1 cl. 143(2)‑(4); No. 2 of 2007 s. 7; No. 37 of 2018 s. 77.]

25. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for enabling the Tribunal to exercise the jurisdiction conferred on it or otherwise for giving effect to the purposes of this Act.

(2) Without derogating from the generality of the power conferred by subsection (1), the regulations may —

(a) provide for the qualifications of persons to be eligible for appointment under section 6, and require consultation with RWWA or other persons in relation to the membership of the Tribunal; and

(b) in relation to the jurisdiction of the Tribunal, provide for sittings of the Tribunal and for security for costs to be given; and

(c) prescribe generally as to the practice and procedure of the Tribunal, including the power of the Chairperson or member presiding to order that proceedings be heard in camera; and

(d) provide for —

(i) the manner of lodging appeals; and

(ii) the forms to be used; and

(iii) the fees to be paid and their application; and

(iv) the payment of witness allowances; and

(v) the amount that may be charged for the provision of transcripts of evidence in proceedings the subject of an appeal;

and

(e) provide for the enforcement of the determinations of the Tribunal; and

(f) assign functions to the Registrar and regulate the manner in which they are to be carried out; and

(g) subject to any legal costs determination made under the Legal Profession Uniform Law Application Act 2022 section 133, prescribe a scale of costs for proceedings before the Tribunal; and

(h) provide for the method, and periods, to be utilised in accounting for moneys payable to or by the Tribunal.

[Section 25 amended: No. 35 of 2003 s. 190; No. 65 of 2003 s. 58(3); No. 21 of 2008 s. 695(4); No. 9 of 2022 s. 424.]

26. Transitional

(1) Where jurisdiction to hear and determine any proceedings or deal with any other matter was immediately before the coming into operation of this Act exercisable by any controlling authority, racing club, committee or stewards, or other person —

(a) any proceedings or other matter commenced before that jurisdiction was conferred on the Tribunal may be continued and determined or dealt with, and any proceedings in the nature of an appeal arising therefrom may be taken and disposed of, as if this Act had not come into operation; and

(b) any legal or other proceedings or any remedies that might, but for this Act, have been commenced or available under that jurisdiction may be commenced and shall be available before the Tribunal, notwithstanding that the act or omission to which the proceedings or remedy relates occurred prior to the coming into operation of this Act.

(2) The Minister may, as to any matter connected with the transfer of jurisdiction under this Act to the Tribunal, give directions as to the matter and the matter shall be dealt with in accordance with those directions.

(3) Nothing in this section affects the operation of the Interpretation Act 1984.

[27. Deleted: No. 35 of 2003 s. 191.]

[28, 29. Omitted under the Reprints Act 1984 s. 7(4)(e).]

Schedule — Provisions with respect to the constitution and membership of the Racing Penalties Appeal Tribunal of Western Australia

[s. 4(4)]

[Heading amended: No. 19 of 2010 s. 4.]

Public service officer may be member of a Tribunal

(1) An officer of the Public Service may be appointed to be a member of a Tribunal.

(2) The provisions of Part 3 of the Public Sector Management Act 1994 do not apply to or in respect of —

(a) the appointment of a person to the panel established under section 6(3); or

(b) the selection of a person from that panel to be a member of a Tribunal; or

(3) A member of the Tribunal who is an officer of the Public Service is entitled to be paid from the funds of the Tribunal such travelling and subsistence allowances as the Minister, after consultation with the Public Sector Commissioner, may from time to time determine.

[Clause 1 amended: No. 32 of 1994 s. 19; No. 39 of 2010 s. 89.]

Remuneration

A person who is appointed as Chairperson or to a panel established under section 6(3) (other than a person who is an officer of the Public Service) is entitled to be paid from the funds of the Tribunal such remuneration (if any) and allowances as the Minister, after consultation with the Public Sector Commissioner, may from time to time determine.

[Clause 2 amended: No. 39 of 2010 s. 89.]

Eligibility for, and vacation of, office and conditions of appointment

[(1) deleted]

(2) A person is not eligible for appointment as, and shall cease to be eligible to hold the office of, Chairperson or a member if the person is or becomes —

(a) a bookmaker or a bookmaker’s clerk; or

(b) the trainer of a greyhound, thoroughbred or pacer; or

(d) a director of RWWA or a member of staff of RWWA.

(3) A person who holds office as the Chairperson or is appointed to the panel established under section 6(3) shall cease to hold that office —

(a) when the term for which that person was appointed expires; or

(b) when that person dies; or

(d) if removed from office by the Minister under clause 4.

(4) Where a person who holds office as Chairperson or who is appointed to the panel —

(a) by the operation of this Schedule, ceases to hold that office; or

(b) by notice in writing delivered to the Minister, resigns that office,

the office becomes vacant.

(5) Subject to subclause (4), a person who is appointed to be the Chairperson, or to the panel established under section 6(3), shall hold that office for such term not exceeding 3 years as is, and in accordance with such conditions as are, specified in the instrument of appointment and, upon expiration of that term, is eligible for reappointment.

[Clause 3 amended: No. 42 of 1997 s. 8; No. 23 of 1998 s. 20; No. 35 of 2003 s. 192.]

Removal from office

The Minister may remove the Chairperson or a person eligible to be a member from that office —

(a) if, in the opinion of the Minister, that person —

(i) has contravened section 7(1) or (2) or a condition specified in the instrument of appointment; or

(ii) is or becomes ineligible to hold the office; or

(iii) is guilty of —

(A) incompetence; or

(B) misconduct;

(iv) is, by reason of impairment within the meaning of Part IVA of the Equal Opportunity Act 1984, unable to carry out satisfactorily the duties of the office;

(b) if the person is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(c) if the person was absent from 3 consecutive meetings of a Tribunal, being a Tribunal in relation to which reasonable notice of the appointment or selection of that person as a member had been given to that person, either personally or in the ordinary course of post, and that person had not requested from, and been granted by, the Minister leave of absence.

[Clause 4 amended: No. 18 of 2009 s. 72.]

Validity of proceedings etc.

(1) No act or proceeding of a Tribunal, or of any person acting pursuant to any direction of a Tribunal, is, invalidated or prejudiced by reason only —

(a) that as at the time the Tribunal was constituted —

(i) there was a defect in the appointment of any member of that Tribunal; or

(ii) a member of the Tribunal was a person who was disqualified from acting as, or was incapable of being, a member of that Tribunal;

(b) that after the Tribunal was constituted a vacancy occurred in the membership of the Tribunal,

and effect shall be given to any such act or proceeding as if the Tribunal had been properly constituted.

Presumptions

In any proceedings before or in relation to the Tribunal, unless evidence is given to the contrary, no proof shall be required of —

(a) the constitution of the Tribunal; or

(b) any resolution of the Tribunal; or

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Notes

This is a compilation of the Racing Penalties (Appeals) Act 1990 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. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Racing Penalties (Appeals) Act 1990	46 of 1990	26 Nov 1990	s. 1 and 2: 26 Nov 1990; Act other than s. 1 and 2: 15 Apr 1991 (see s. 2 and Gazette 12 Apr 1991 p. 1597)
Acts Amendment and Repeal (Betting) Act 1992 Pt. 6	11 of 1992	16 Jun 1992	31 Jul 1992 (see s. 2(1) and Gazette 31 Jul 1992 p. 3735)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Statutes (Repeals and Minor Amendments) Act 1994 s. 4	73 of 1994	9 Dec 1994	9 Dec 1994 (see s. 2)
Financial Legislation Amendment Act 1996 s. 59	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Equal Opportunity Amendment Act (No. 3) 1997 s. 8	42 of 1997	9 Dec 1997	6 Jan 1998 (see s. 2(1))
Western Australian Greyhound Racing Association Amendment Act 1998 s. 20	23 of 1998	30 Jun 1998	1 Aug 1998 (see s. 3 and Gazette 21 Jul 1998 p. 3825)
Statutes (Repeals and Minor Amendments) Act 2000 s. 37	24 of 2000	4 Jul 2000	4 Jul 2000 (see s. 2)
*Reprint of the Racing Penalties (Appeals) Act 1990* as at 19 Oct 2001** (includes amendments listed above)
Racing and Gambling Legislation Amendment and Repeal Act 2003 Pt. 11 1, 2	35 of 2003	26 Jun 2003	s. 179, 180(1)(a), (b), (d)‑(g) and 181‑194: 1 Aug 2003 (see s. 2 and Gazette 29 Jul 2003 p. 3259); s. 180(1)(c) and (2): 30 Jan 2004 (see s. 2 and Gazette 30 Jan 2004 p. 397)
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 58 and 116	65 of 2003	4 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)
Courts Legislation Amendment and Repeal Act 2004 s. 142	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 16 Div. 3	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
*Reprint 2: The Racing Penalties (Appeals) Act 1990* as at 18 Aug 2006** (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 143	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Racing and Wagering Legislation Amendment Act 2007 Pt. 3	2 of 2007	28 Mar 2007	1 Jul 2007 (see s. 2)
Legal Profession Act 2008 s. 695	21 of 2008	27 May 2008	1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)
Acts Amendment (Bankruptcy) Act 2009 s. 72	18 of 2009	16 Sep 2009	17 Sep 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 4	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
*Reprint 3: The Racing Penalties (Appeals) Act 1990* as at 24 Sep 2010** (includes amendments listed above)
Public Sector Reform Act 2010 s. 89	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Betting Tax Assessment Act 2018 Pt. 8 Div 2 Subdiv. 4	37 of 2018	12 Dec 2018	1 Feb 2019 (see s. 2(b) and Gazette 25 Jan 2019 p. 193)
Legal Profession Uniform Law Application Act 2022 s. 424	9 of 2022	14 Apr 2022	1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
TAB (Disposal) Act 2019 s. 154	21 of 2019	18 Sep 2019	To be proclaimed (see s. 2(1)(b)(xiii))

Other notes

1 The Racing and Gambling Legislation Amendment and Repeal Act 2003 s. 19 reads as follows:

Power to amend regulations

(1) The Governor, on the recommendation of the Minister, may make regulations amending subsidiary legislation made under any Act.

(2) The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a consequence of the enactment of the RWWA Act or this Act.

(3) Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.

2 The Racing and Gambling Legislation Amendment and Repeal Act 2003 Pt. 11 Div. 2 are transitional provisions that are of no further effect.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

appellant 13(1)

bet 3(1)

bookmaker 3(1)

Chairperson 3(1)

determination 3(1)

document 9(6)

horse 3(1)

information 9(6)

member 3(1)

owner 3(1)

pacer 3(1)

parliamentary purposes 9(6)

race 3(1)

race meeting 3(1)

racecourse 3(1)

racing 3(1)

Registrar 3(1)

runner 3(1)

RWWA 3(1)

RWWA Act 3(1)

steward 3(1)

thoroughbred 3(1)

trial 3(1)

Tribunal 3(1)

Western Australia

Racing Penalties (Appeals) Act 1990

Western Australia

Racing Penalties (Appeals) Act 1990

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

Part 2 — The Racing Penalties Appeal Tribunal of Western Australia

Division 1 — Constitution and administration

Racing Penalties Appeal Tribunal of Western Australia 5
Chairperson and acting Chairperson 5
Panel of members 6
Eligibility to sit on particular Tribunal 7
Registrar 8
Relationship with Minister 8

Division 2 — Jurisdiction and functions

Jurisdiction, as variously constituted 10
Proceedings before Tribunal 12
Appeals which are not to be heard by Tribunal 13
Appeals which shall be heard by Tribunal 14
Determination of an appeal 16
Other avenues of appeal may no longer be applicable 17

Division 3 — Procedures and powers

Procedure on making an appeal 17
Hearing powers 19
Withdrawal of appeals 23
Disobedience to determinations of Tribunal 23

Part 3 — Miscellaneous

Offences 25
Reasons for determinations 26
Protection 26
Evidentiary provisions, and recovery of moneys ordered to be paid 26
Finance and audit 27
Regulations 29
Transitional 30

Schedule — Provisions with respect to the constitution and membership of the Racing Penalties Appeal Tribunal of Western Australia

Jurisdictional reallocation and finality

The Tribunal is the statutory appellate forum for a defined class of racing disciplinary determinations: suspensions, disqualifications, fines, warning‑offs and other matters where leave is granted (s 13(1)). The Tribunal’s determination is final and is to be treated as if made by the original decision maker (s 14(1)(a)-(b)). The Act also removes, subject to transitional and leave provisions, subsequent avenues of appeal to RWWA, clubs or stewards in respect of matters appealed to the Tribunal (s 15).

Composition and appointment

The Chairperson must be a lawyer with at least seven years’ standing (s 5(1)). The Minister establishes a panel of eligible persons published in the Gazette (s 6(3)); such persons must be magistrates or have substantially similar qualifications or experience (s 6(4)). The Chairperson selects members from that panel to sit on each appeal (s 6(2)-(3); s 10(1)). The Schedule contains further eligibility, tenure and removal provisions (Schedule cl 2-4).

Procedural architecture

Appeals are ordinarily instituted within 14 days by lodging a written notice with the Registrar together with a prescribed fee and, if directed, security for costs (s 16(1)-(3); s 13(1)). The Tribunal is to act according to equity and the principles of natural justice and to make a full and thorough investigation in open court, but it has broad discretion on procedure and evidence (s 11(1), (3)). The Tribunal usually hears appeals on the evidence at the original hearing but may admit new expert or other evidence where appropriate (s 11(3)(c); s 11(3)(e)(ii)).

Investigatory and compulsory powers

The Tribunal has summons powers, can compel production of documents and inspect racecourses or facilities (s 17(3)-(4)). Persons may be required to swear or affirm or answer questions; answers compelled are not admissible in civil or criminal proceedings except for perjury or offences arising from false answers (s 17(4)-(5)).

Enforcement and remedies

On determination the Tribunal may confirm, vary or set aside the original determination, order refunds of stakes, refer matters back for rehearing, make recommendations to RWWA or the club, and order payment of costs in limited circumstances (s 17(9)(a)-(f); s 14(3)). Monetary orders may be certified by the Registrar and enforced via registration in the Magistrates Court (s 23(2)-(3)). The Chairperson may exercise contempt powers akin to a Supreme Court Judge for disobedience to Tribunal orders (s 19(2)), subject to the exclusion in s 19(3).

Financial and administrative control

The Tribunal’s funds include parliamentary appropriations, monies derived from its functions and amounts payable by RWWA by deduction from moneys that otherwise would be payable to racing clubs (s 24(1), (4)). The Registrar produces annual estimates and the Minister approves an estimate that RWWA will meet by deduction (s 24(2)-(4)). Financial administration and audit are subject to the Financial Management Act 2006 and the Auditor General Act 2006 (s 24(9)).

Limits and exclusions

The Tribunal’s jurisdiction excludes certain protests or objections concerning placed runners, eligibility to race and bet disputes where the prospective appellant has a right of appeal to RWWA; those appeals are heard under the Rules of Racing and RWWA determinations in such cases are final unless leave is given (s 12(1)-(3)). The Chairperson may grant leave in some circumstances where an appeal would not otherwise lie (s 13(2)-(3)).

Protections and sanctions

The Act protects Tribunal members, the Registrar and those acting in good faith from liability for acts or omissions in the performance of functions (s 22(1)). It creates offences , for non‑attendance, failing to produce documents or swearing false statements , with specified penalties (s 20). It also makes it an offence for a non‑legal person to charge a fee for representing a party without leave (s 16(7)).

Interplay with RWWA definitions and rules

Defined terms are primarily aligned with the Racing and Wagering Western Australia Act 2003; words used in the Act carry the same meaning as in the RWWA Act unless the Act provides otherwise (s 3(2)). The Tribunal’s determinations are to be treated as determinations of RWWA or the original decision maker (s 14(1)(a)).

Overall, the main concepts are allocation of final appellate power to an independent statutory Tribunal, centralised appointment and administrative architecture, broad investigatory and evidentiary powers, funding mechanics tying tribunal costs to RWWA payments to clubs, and specific procedural requirements and penalties governing the appeal process.

Parties and industry participants

Appellants: any person aggrieved by a determination of RWWA, a steward, racing club or committee that imposes suspensions, disqualifications, fines, or may result in a warning‑off notice may appeal to the Tribunal within 14 days (s 13(1); s 16(1)). That includes trainers, owners, jockeys/drivers, and others subject to disciplinary sanction.
RWWA, stewards, clubs and committees: these bodies are respondents to appeals and are required to furnish transcripts of evidence when an appeal is lodged (s 16(4)) and to comply with Tribunal determinations (s 19(1)). RWWA is also the source of funding for the Tribunal under the Act (s 24(4)).
Trainers, owners and other racing insiders: the Act’s conflict rules restrict who may sit as members of a Tribunal where the person has an interest in a runner, is an owner/trainer/employee/agent, or bet on the race or matter; contravening those rules is an offence with specified penalties (s 7(1)-(3)).
Members of the Tribunal and Registrar: the Chairperson and panel members are appointed by the Minister (s 5, s 6) and the Registrar is a public service officer (s 8(1)). Schedule provisions set eligibility, tenure, remuneration and removal conditions (Schedule cl 1-4).
Racing clubs: RWWA must deduct an approved estimate from funds otherwise payable to racing clubs to meet Tribunal costs (s 24(4)), which affects club cash flows and budgets.
Witnesses, persons summoned and those required to answer questions: they are compelled to attend and answer subject to limited immunity against use of compelled answers in other civil or criminal proceedings (s 17(3)-(6); s 20). Offences apply for failing to comply with summonses (s 20(1)).
Legal practitioners and those representing parties: the Tribunal permits representation by counsel; non‑legal persons may represent only with leave and it is an offence to charge a fee for such representation where not permitted (s 16(6)-(7)). The Act interacts with legal costs rules by permitting regulations to prescribe scales of costs, subject to the Legal Profession Uniform Law Application Act 2022 s 133 (s 25(g)).

Other institutional stakeholders

The Minister: the Minister appoints the Chairperson and panel, receives reports and can direct the Tribunal on functions and administration (s 5; s 6(3); s 9(1)-(5)). The Minister also controls the Tribunal’s use of public service officers and facilities by arrangement (s 4(3)).
The Treasurer and Auditor: the Tribunal’s finances are subject to the Financial Management Act 2006 and the Auditor General Act 2006 (s 24(9)) and accounts must be established under s 24(8).
The Magistrates Court and enforcement bodies: the Registrar may issue a certified copy of a Tribunal determination which may then be lodged in the Magistrates Court for registration and enforcement as a judgment (s 23(2)-(3)). The Chairperson has contempt powers comparable to the Supreme Court for disobedience to orders (s 19(2)).

Diffuse and concentrated impacts

Concentrated beneficiaries: panel members, the Chairperson and those remunerated under Schedule cl 2 may receive Tribunal payments from Tribunal funds (Schedule cl 2; s 24(1)(b)-(d)), which are ultimately funded by RWWA deductions (s 24(4)). The Act authorises ministerial determination of remuneration (Schedule cl 2).
Diffuse bearers of cost: racing clubs will see reductions in funds available from RWWA because the Tribunal estimate is deducted from moneys that otherwise would be paid or credited to clubs (s 24(4)). Industry participants may face increased procedural and compliance burdens (preparation of appeals, provision of transcripts, attendance at hearings, potential costs orders).

Practical consequences for behaviour

Persons subject to disciplinary orders may choose to appeal (or to seek leave) rather than exhaust RWWA internal processes, knowing the Tribunal’s decision is final (s 14(1)(b); s 15).
RWWA and clubs must adapt to the requirement to supply transcripts and to implement Tribunal determinations in place of internal orders (s 16(4); s 19(1)).
Potential appellants must observe strict time limits and procedural prerequisites (14 days, fee, possible security for costs; s 16(1)-(3)).
Parties contemplating representation should plan for counsel or seek leave for non‑legal representatives, mindful of the offence for remunerating non‑practitioners (s 16(6)-(7)).

In sum, the Act principally affects appellants in racing disciplinary matters, the industry bodies that make the original determinations (RWWA, clubs, stewards, committees), and the panel of officials and lawyers who will sit on the Tribunal. It also creates a funding flow from RWWA to the Tribunal, with a knock‑on effect on club revenues.

Duties imposed by the Act

Duty to lodge appeals within prescribed time and manner: an appellant must lodge a written notice, pay the prescribed fee and, if directed by the Chairperson, provide security for costs within 14 days of the determination appealed from (s 16(1)-(3); s 13(1)).
Duty to furnish transcripts and information: RWWA and the relevant club/committee/steward must furnish a transcript of evidence taken at the original hearing to the Registrar when a notice of appeal is lodged (s 16(4)). The Tribunal and Registrar must provide information to the Minister on request for parliamentary or public business purposes (s 9(1)-(3)).
Duty to comply with Tribunal determinations: RWWA, stewards, racing clubs, committees and other persons affected by a Tribunal determination must give effect to orders or directions “forthwith” and within the time required by the Tribunal (s 19(1)).
Duty to obey Tribunal summonses and production directions: persons served with summonses must attend and produce documents, exhibits or provide access to facilities as required; failure without reasonable excuse is an offence (s 17(3)-(4); s 20(1)(a)-(c)).
Duty to observe conflict and eligibility rules for Tribunal members: appointed members must not sit on appeals where they have interests in runners, or bet on the race, and contravening these provisions is an offence (s 7(1)-(3)).

Rights conferred by the Act

Right of appeal to the Tribunal: persons aggrieved by specified determinations by RWWA, stewards, clubs or committees have a statutory right to appeal to the Tribunal within 14 days (s 13(1)).
Procedural rights at hearings: parties entitled to be heard may appear personally, be represented by counsel, call and cross‑examine witnesses, and make submissions; the Tribunal must afford reasonable opportunity to do these things (s 16(6)-(8); s 11(1)).
Right to reasons: a party who requests reasons in writing within 14 days of notice of determination is entitled to have the Tribunal furnish written reasons for its determination (s 21).
Right to a stay or suspension direction in certain circumstances: the Chairperson or presiding member may direct RWWA, a steward, club or committee to suspend the operation of orders or penalties until appeal rights are exercised and determined, where doing so is just and does not prejudice an existing stay by RWWA or is not primarily sought to allow continued professional engagement beyond permitted limits (s 17(7)).
Right to have monetary Tribunal determinations enforced: a party may apply for a certified copy of a Tribunal determination for registration in the Magistrates Court and enforcement as though it were a judgment (s 23(2)-(3)).

Discretionary powers and constraints

Chairperson’s administrative control: the Chairperson determines constitution of the Tribunal, may consolidate similar appeals where not unfair to parties, and may give procedural directions (s 10(1)-(3); s 11(5); s 13(3)).
Evidence and procedure: the member presiding determines jurisdictional and evidentiary questions, may admit evidence not admissible in court, and may appoint counsel or technical advisers to assist (s 11(3); s 11(3)(a); s 11(3)(d); s 17(6)).
Limited cost‑shifting: the Tribunal may order payment of costs only where an appeal (or a relevant aspect) was frivolous or vexatious, and the Registrar is to refund security for costs unless the Tribunal so determines (s 14(3); s 17(10)).

Protections and immunities

Good faith protection: no liability attaches to the Chairperson, Tribunal members, Registrar or others acting in good faith in performance of Tribunal functions (s 22(1)).
Witness protection: persons compelled to answer questions have non‑use immunity for compelled answers in subsequent civil or criminal proceedings, except for perjury or offences arising from false answers (s 17(5)); witnesses have the same protection and liabilities as witnesses in the Supreme Court (s 22(2)).

Procedural limits on parties

Restrictions on non‑legal representation: non‑lawyers may only represent with the Tribunal’s leave and it is an offence for a person who is not a legal practitioner to demand or receive a fee for representing a party in Tribunal proceedings (s 16(6)-(7)).
Time limits and procedural compliance: failing to lodge within the statutory 14 days, or failing to comply with Registrar directions, can forfeit the right to have the appeal heard unless the Tribunal exercises its power to extend or abridge time (s 16(1); s 17(2)).

Administrative duties of the Tribunal

The Tribunal must keep accurate minutes (s 11(4)), furnish determinations to the Minister (s 14(4)), and comply with financial and audit obligations under the Financial Management Act and Auditor General Act (s 24(9)). The Registrar must estimate annual costs for Ministerial approval (s 24(2)).

Taken together, the Act delineates a structured set of duties and rights: it protects the procedural fairness of appellants while imposing obligations on RWWA, the racing clubs and witnesses to assist the Tribunal and comply with its determinations; it limits cost orders to vexatious or frivolous appeals and provides administrative accountability through Ministerial reporting and financial controls.

Criminal and statutory offences

Failure to obey Tribunal process: the Act creates offences for failure to comply with a summons to attend or produce documents, failure to provide access to a racecourse/place/facility, misbehaviour, wilful insults or interruptions in Tribunal proceedings, and failure to swear or answer when required, with a maximum penalty of $2,000 (s 20(1)).
False statements and false evidence: knowingly making a false declaration, statement or representation, or giving false evidence in connection with an appeal is an offence punishable by a $2,000 penalty (s 20(2)).
Conflict of interest contraventions by members: a person who sits as a Tribunal member in circumstances in which they have an interest in a runner (as defined) commits an offence carrying a penalty of $5,000 per s 7(1)-(2).
Unauthorised paid representation: a non‑legal person who demands or receives a fee for representing a party without leave commits an offence with a penalty of $500 (s 16(7)).

Enforcement of Tribunal determinations

Effect of determinations: a Tribunal determination is to be treated and given effect as though it had been made by RWWA, the steward, club or committee from which the appeal was taken (s 14(1)(a)). The determination is final and not subject to further appeal (s 14(1)(b)).
Compliance requirement: RWWA, stewards, clubs and committees, and other affected persons must “forthwith” comply with Tribunal orders and directions and give effect to determinations within the time required (s 19(1)). Non‑compliance may attract the Chairperson’s contempt powers (s 19(2)).
Contempt and enforcement powers: the Chairperson has the same powers as a Judge under the Supreme Court Act 1935 to punish disobedience to a Tribunal order (s 19(2)); subsection (3) excludes this power if criminal proceedings have already been commenced for an offence against s 20 or another provision.
Monetary enforcement via courts: where the Tribunal orders the payment of money, the Registrar must issue a certified copy of the record upon application by a party, which may be lodged and registered in the Magistrates Court and enforced as if it were a judgment of that court (s 23(2)-(3)). The Registrar’s certificate is admissible in courts as a true copy and the Registrar’s signature is judicially noticeable (s 23(1)(a)-(b)).

Cost orders and restrictions

Refund of security and costs limitations: the Tribunal must refund security for costs upon determination unless it finds the appeal frivolous or vexatious and orders forfeiture or payment of costs from those monies (s 14(3)). The Tribunal may order payment of costs against a party only where satisfied that the appeal, or the aspect to which the order relates, was vexatious or frivolous (s 17(9)(e); s 17(10)). Regulations may prescribe a scale of costs (s 25(g)), subject to the Legal Profession Uniform Law Application Act 2022 s 133.

Procedural means that affect enforcement

Suspension of operation: the Chairperson or presiding member may direct suspension of the operation of orders or penalties pending appeal exercise and determination, where it would be just to do so, but must not interfere with an existing stay implemented by RWWA or allow continued professional engagement beyond permitted limits (s 17(7)).
Publication controls: the presiding member may prohibit publication of evidence or contents of documents or reports regarding exhibits (s 17(8)), which can affect transparency and public enforcement pressure.

Administrative compliance and penalties for members

Member removal: the Minister may remove the Chairperson or a panel member for breaching eligibility or conduct provisions, including contravention of s 7 (conflict provisions), incompetence or misconduct, insolvency and absenteeism (Schedule cl 4). Removal is an administrative enforcement tool.

Protections against misuse of compelled evidence

Non‑use immunity for compelled answers: answers compelled under oath or affirmation before the Tribunal cannot be used against the person in civil or criminal proceedings except for perjury or offences arising from false answers (s 17(5)). This protection limits the extent to which compelled testimony can be leveraged in enforcement proceedings, but it does not shield perjury or false evidence offences, which attract s 20 penalties.

Practical enforcement pathway

A successful party seeking monetary relief must ask the Registrar for a certified record (s 23(2)), lodge it in the Magistrates Court under the court’s rules, and then may pursue execution as for a court judgment (s 23(3)). For non‑monetary orders, the Chairperson’s powers under s 19(2) provide an enforcement route modelled on Supreme Court contempt powers.

In short, the Act pairs statutory offences and modest fines for procedural non‑compliance with administrative enforcement mechanisms (certification/registration and contempt powers) and financial enforcement through court registration. It restricts cost orders to deter frivolous appeals and protects compelled witnesses via non‑use immunity while preserving perjury and false statement offences.

RWWA Act and the Rules of Racing

Defined meanings and cross‑referencing: the Act expressly adopts meanings from the Racing and Wagering Western Australia Act 2003 (RWWA Act) unless it provides another meaning or the contrary intention appears (s 3(2)). Terms such as “steward” and institutional references to RWWA are therefore aligned with the RWWA Act (s 3(1)).
Replacement and finality: a Tribunal determination is to be taken to be the determination of RWWA, a steward, club or committee (s 14(1)(a)), and where an appeal is made to the Tribunal, an appeal shall not thereafter be made to or heard by RWWA, a club or committee in respect of the same determination (s 15(1)). Section 12 delineates matters that remain within RWWA jurisdiction (for example protests about placed runners, eligibility issues and betting disputes) and provides that appeals under those headings are to RWWA and are to be heard according to the Rules of Racing (s 12(1)-(3)).

Financial Management Act 2006 and Auditor General Act 2006

Financial administration: the Tribunal’s finances and audit are governed by the Financial Management Act 2006 and the Auditor General Act 2006 (s 24(9)). The Act requires establishment of agency special purpose accounts or Treasurer‑approved bank accounts for Tribunal funds (s 24(8)) and the Registrar to submit annual cost estimates to the Minister for approval (s 24(2)).

Supreme Court Act 1935 (contempt powers)

Contempt analogue: for punishments of disobedience to Tribunal orders, s 19(2) gives the Chairperson powers that are “the same powers as are conferred on a Judge under the Supreme Court Act 1935” for punishing disobedience to a Supreme Court order. This cross‑reference imports a superior court enforcement model into the Tribunal context, subject to s 19(3) which preserves criminal proceedings against disobedience in certain cases.

Magistrates Court procedure and enforcement

Registration and enforcement: s 23(2)-(3) allows certified Tribunal determinations requiring payment of money to be lodged with the Magistrates Court for registration, after which they are enforceable as judgments. The Act therefore uses court machinery for execution of monetary orders.

Legal Profession Uniform Law Application Act 2022

Costs prescriptions: the regulations may prescribe a scale of costs for Tribunal proceedings but must do so “subject to any legal costs determination made under the Legal Profession Uniform Law Application Act 2022 section 133” (s 25(g)). That cross‑reference constrains regulation‑making powers on costs to coordinate with the broader legal profession costs regime.

Public Sector Management Act 1994

Registrar appointment: the Registrar must be appointed as an officer under Part 3 of the Public Sector Management Act 1994 (s 8(1)). The Schedule provides that certain parts of the Public Sector Management Act do not apply to appointments to the panel or selection as a member (Schedule cl 1(2)), permitting particular administrative flexibilities for Tribunal membership drawn from the public service.

Other statutes and reprints

The compilation table and amendments in the Act’s notes show multiple interactions with other Acts (for example the Legal Profession Act 2008 amendments, Financial legislation amendments) which updated definitions, appointment conditions and administrative arrangements over time. The Act’s schedule and reprint notes indicate points where other legislation has amended membership, remuneration and eligibility provisions.

Limits on conflicting rules and internal rules of racing

Supersession of club rules: s 15(1) expressly overrides any law or rule of law to the contrary and displaces Rules of Greyhound, Harness and Thoroughbred Racing and club constitutions for appeals taken to the Tribunal. Where leave is required by the Tribunal to hear an appeal (s 13(1)(d); s 13(2)), appeals heard elsewhere remain effective until the Tribunal grants leave and determines the question (s 15(2)).

Interaction with criminal statutes and perjury rules

Use immunity and perjury exceptions: while the Tribunal can compel answers (s 17(4)-(5)), those compelled answers are not admissible in subsequent civil or criminal proceedings except for prosecution for perjury or offences arising from false or misleading answers; those offences remain within general criminal law (s 17(5)).

Transitional and continuity rules

Transfer of jurisdiction: s 26 preserves continuity by allowing proceedings in progress before the Tribunal’s jurisdiction was conferred to be continued as if the Act had not been enacted, while also enabling commencement of new remedies or proceedings before the Tribunal even if the underlying act occurred before the Act (s 26(1)(a)-(b)). The Minister may give directions on transfer matters (s 26(2)).

Regulatory reach

Regulations under the Act (s 25) may touch on many procedural and administrative areas and must be read alongside the Rules of Racing and other subordinate instruments amended in consequence of RWWA Act enactment (note in Other notes about power to amend regulations in the Racing and Gambling Legislation Amendment and Repeal Act 2003). That regulatory power interacts with other legislative regimes governing costs, public service conditions and financial administration.

In sum, the Act integrates with the RWWA framework and the courts’ enforcement machinery, imposes coordination with financial and public sector statutes for administration and funding, and constrains regulatory discretion on costs by cross‑referencing the Legal Profession Uniform Law Application Act 2022.

The Act’s compilation table and embedded amendment notes set out a history of legislative amendments affecting appointments, definitions, administrative powers and financial arrangements. Key changes recorded within the Act text and notes include:

Early commencement and initial framing

The Act received assent in 1990 (No. 46 of 1990), with operative provisions commencing by proclamation (compilation table). The initial Act established the Tribunal and core procedural features.

Substantive amendments and consequential changes

1992: Amendments under the Acts Amendment and Repeal (Betting) Act 1992 (No. 11 of 1992) modified definitions and possibly other consequential changes (s 3 amended , see header of s 3 indicating 1992 amendment).
1994: Public sector administration adjustments under the Acts Amendment (Public Sector Management) Act 1994 (No. 32 of 1994) are reflected in s 4 and the Schedule allowing public service officers to be members and removing certain Part 3 PSMA applications (s 4(3); Schedule cl 1).
1996-2007: Financial and administrative amendments appear across several Acts including the Financial Legislation Amendment Act 1996, the Racing and Gambling Legislation Amendment and Repeal Act 2003, Financial Legislation Amendment and Repeal Act 2006, and the Racing and Wagering Legislation Amendment Act 2007. Those changes updated funding mechanics (s 24), specification of accounts (s 24(8)) and aligned the Tribunal with broader gambling and racing regime reforms (compilation table entries for No. 35 of 2003; No. 77 of 2006; No. 2 of 2007).
2003: A package of amendments in the Racing and Gambling Legislation Amendment and Repeal Act 2003 (No. 35 of 2003) updated numerous sections (see multiple references to s. 35 of 2003 in the line notes next to sections). These included amendments to Tribunal jurisdiction, evidence, procedure and membership provisions (ss 11-19 and Schedule amendments).
2003-2009: Court‑related amendments (Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 No. 65 of 2003) changed references to legal practice and the appointment of acting Chairpersons (s 5 amended; s 17(10) cost rule aligns with legal practice rules).
2006-2007: Machinery of government and financial administrative changes occurred (No. 28 of 2006; No. 77 of 2006; No. 2 of 2007); these adjusted the Tribunal’s financial year, accounts and the mechanism for RWWA payments (s 24 series).
2008-2010 and later: Amendments reflecting modernised legal profession and public sector arrangements are recorded; e.g. Legal Profession Act 2008 changes were implemented as of 2009 (No. 21 of 2008), Public Sector Reform Act 2010 amendments affected Schedule cl 1‑2 and appointment conditions (No. 39 of 2010). The Legal Profession Uniform Law Application Act 2022 (No. 9 of 2022) updated references for cost prescriptions (s 25(g) now reads subject to s 133 of that Act).
2018-2019: The Betting Tax Assessment Act 2018 (No. 37 of 2018) appears in the compilation table and may have indirectly affected funding flows or definitions relevant to RWWA payments, with commencement noted 1 Feb 2019 for certain provisions.

Schedule and eligibility amendments

The Schedule has been amended multiple times (as evidenced by multiple amendment notes after the Schedule clauses) to refine eligibility criteria, removal mechanisms and remuneration arrangements for Chairpersons and panel members. For example, Schedule cl 3(2) now lists persons ineligible to be Chairperson or members (bookmakers, trainers, riders/drivers, RWWA directors/staff), reflecting industry integrity concerns.

Transitional and repeals

The compilation table and notes show transitional provisions in the 2003 amendments which are now of no further effect (Other notes point 2). Clause 27 was deleted by No. 35 of 2003 s 191, and clauses 28 and 29 are omitted under the Reprints Act.

Reprint activity

The Act has been reprinted multiple times with amendments consolidated: reprints noted as at 19 Oct 2001, 18 Aug 2006 and 24 Sep 2010, reflecting incorporation of earlier amendments into the published text.

What this history shows on the face of the Act

The Act has been updated to align with evolving public sector, financial management and legal profession frameworks and with major reforms to the racing and wagering regulatory structure (RWWA Act and gambling regulation). Financial provisions and administrative accountability have been progressively tightened (s 24 amendments; s 9 ministerial reporting). The Legal Profession Uniform Law Application Act 2022 now constrains regulatory cost prescriptions.

Users must consult the compilation table and the reprint notes in the Act to trace precise amendment timings and operative details for a given provision. The Act’s notes provide the statutory references and dates for the amendments recorded above; identical section citations in the Act text indicate the specific amendments (for example, the marginal notes after individual sections show “Section X amended: No. Y of Z s. ...”).

The statute text supplied contains no judgments, case names or a list of litigation that has interpreted the Racing Penalties (Appeals) Act 1990. The Act itself makes procedural provision for evidence and legal argument (for example the presiding member determines jurisdiction and admissibility questions and may hear preliminary argument on leave questions under s 13(3)), and preserves rights to reasons (s 21) that would typically support judicial review or enforcement proceedings in the courts. However the Act also establishes the Tribunal’s determinations as final and not subject to further appeal or review (s 14(1)(b)), which alters the availability of internal appeals but does not in terms of the Act explicitly oust judicial review by the Supreme Court on conventional public law grounds. The Act provides that Tribunal officers have protection from liability in good faith (s 22(1)), but does not expressly remove court oversight such as judicial review; readers should note that the Act’s text makes the Tribunal’s determinations “final and binding” on the parties (s 14(1)(b)) and characterises its determinations as those of the original decision maker (s 14(1)(a)). That statutory finality, however, is different in character to an absolute ouster of jurisdiction; the Act does not use explicit privative clause wording that removes access to courts for the limited purpose of judicial review, and it preserves the standing of certified determinations for enforcement in lower courts (s 23). For the present task, the Act provides no list of reported decisions.

What to look for in litigation records (guidance drawn from the Act)

Challenges likely to appear in litigation records would focus on jurisdictional questions and natural justice (s 11(1)(b)-(c); s 11(3)(a)(i)), the Chairperson’s power to determine whether leave is required (s 13(3)), the admissibility of evidence (s 11(3)(a)(ii)), and the extent of the Tribunal’s discretionary enforcement powers (s 17(9)). The Act gives the presiding member the authority to admit evidence not admissible in a court and to adopt findings of other courts (s 11(3)(e); s 17(6)(c)), and litigation could explore the boundaries of those powers.
The Act’s protection for compelled evidence (s 17(5)) and the narrow scope of admissibility creates a potential locus for litigation when subsequent criminal or civil proceedings might attempt to use evidence given before the Tribunal.
Enforcement mechanisms (s 23 registration and s 19(2) contempt powers) may appear in court records where parties resist giving effect to Tribunal determinations.

Practical consequence

A practitioner researching litigation under this Act should search Supreme Court and Court of Appeal decisions engaging issues such as whether a Tribunal exceeded jurisdiction, failed to observe procedural fairness, or whether orders were properly enforceable by contempt or registration in the Magistrates Court. The Act’s text furnishes the statutory framework for such arguments but does not itself list cases. Users should consult legal databases for case law referencing this Act to see how courts have approached s 14 finality, s 11 procedural standards, s 17 compulsion and s 19 contempt powers.

Strict timeframes and procedural prerequisites

Short statutory appeal window: most appeals must be lodged within 14 days of the determination or notice of warning‑off (s 13(1); s 16(1)). Failure to meet that deadline can forfeit the appeal right unless the Tribunal exercises its power to enlarge time (s 17(2)). Practitioners must calendar appeal deadlines and lodge properly constituted notices with fees and any security for costs if directed (s 16(1)-(3)).

Transcripts and access asymmetry

RWWA must furnish the transcript of evidence to the Registrar when an appeal is lodged (s 16(4)), but the Tribunal is not obliged to make that transcript available to the appellant or others (s 16(4)). That asymmetry can complicate an appellant’s ability to mount an effective appeal where they lack copies of the original hearing transcript and need to rely on the Tribunal to permit production or admit new evidence (s 11(3)(c)). Practitioners should request reasons and transcripts early under s 21 and s 16(4).

Limited ability to recover costs

Costs orders are limited: the Tribunal can only order payment of costs if it is satisfied the appeal or aspect was vexatious or frivolous (s 17(10)), and a refund of security for costs is required unless the Tribunal so finds (s 14(3)). Parties seeking costs protection should not assume automatic cost awards on success; conversely, appellants should weigh the risk of cost orders where an appeal is frivolous.

Publication and secrecy powers

The presiding member may prohibit publication of evidence or document contents (s 17(8)), potentially limiting the transparency of proceedings and restricting third‑party reporting. Media or interested parties should account for the Tribunal’s discretion in applications to publish.

Compulsion with limited usable evidence

Answers compelled under oath are not admissible in civil or criminal proceedings (except perjury/false answers) (s 17(5)). This non‑use immunity means evidence obtained under compulsion is protected from later prosecutorial use, which could limit downstream criminal investigations; prosecutors and parties seeking to use such evidence must plan around the immunity.

Membership conflicts and penalties

Severe penalty for conflicted members: a person who sits as a member despite having an interest in a runner or having bet on the race commits an offence with a $5,000 penalty (s 7(1)-(3)). Appointment processes must rigorously check conflicts; failure to do so risks criminal exposure and question of tribunal validity, albeit Schedule cl 5 protects most proceedings from invalidation solely by reason of such defects.

Ministerial directions and information requests

The Minister may direct the Tribunal in writing about its functions and administration (s 9(5)) and is entitled to information and copies of documents in the Tribunal’s possession (s 9(1)-(3)). While the Minister cannot direct the Tribunal in relation to the conduct of a particular appeal, the regulation permitting ministerial oversight creates an administrative lever with potential to shape institutional priorities, reporting focus and resource allocation.

Funding mechanism reduces club revenues

RWWA must deduct the Minister‑approved estimate for Tribunal costs from moneys that otherwise would have been available to be paid or credited to racing clubs (s 24(4)). Clubs should be aware that Tribunal funding is directly taken from industry distributions, with budgetary consequences and potential contestation over estimate size.

Registrar singular powers and solo sittings

Regulations permit matters to be dealt with by the Registrar sitting alone (s 10(5)), and the Tribunal can sit with a single member in some circumstances (s 10(4)). Those procedural configurations could materially change hearing dynamics and evidentiary handling; parties should confirm the constitution of the Tribunal early (s 10(7)).

Finality does not necessarily extinguish judicial review

The Act declares Tribunal determinations final and not subject to further appeal or review (s 14(1)(b)), which significantly narrows internal judicial routes, but does not explicitly abolish the courts’ supervisory jurisdiction in all circumstances. Practitioners should therefore carefully consider potential avenues of judicial review where jurisdictional error or denial of natural justice may arise; the Act’s text does not expressly foreclose such proceedings.

Costs scale subject to external legal costs determination

Regulations may prescribe a scale of costs but must do so subject to the Legal Profession Uniform Law Application Act 2022 s 133 (s 25(g)). This means attempts to rely on a Tribunal regulatory costs scale must be checked against the state’s legal costs regime and any determinations under that Act.

Tribunal may adopt findings from other courts or adopt otherwise inadmissible evidence

The Tribunal may adopt findings of a court or person acting judicially and may admit evidence that would not be admissible in a court of law (s 17(6)(c); s 11(3)(e)(ii)). Parties should be ready to argue about the weight and fairness of such adopted findings and the procedural safeguards the Tribunal applies when doing so.

Removal and disqualification regime

Ministerial removal powers allow the Chairperson or panel member to be removed for misconduct, incompetence or contravention of eligibility (Schedule cl 4). Parties should be alert to grounds for removal and to how removal may affect pending appeals.

In short, time limits, asymmetric access to transcripts, limited recoverability of costs, the Minister’s oversight and the financing mechanism that deducts Tribunal costs from club distributions are practical “gotchas” that require early tactical attention when advising clients or managing appeals under the Act.

Immediate steps for appellants

Observe the 14‑day deadline: lodge a written notice of appeal with the Registrar within 14 days after the making of the determination (s 13(1); s 16(1)). The notice must clearly set out the appellant’s name and address, the determination appealed, the grounds of appeal and when and by whom the determination was made (s 16(2)).
Pay fees and respond to security directions: pay the prescribed lodgement fee and, if directed by the Chairperson, provide security for costs on lodgement (s 16(1)(b)-(c)). Confirm the prescribed fee and any security requirement in the regulations (s 25(d)).
Provide required documentation and proof: ensure all documents, exhibits and any application for leave (e.g. s 13(2) leave) are prepared in the form required by the Tribunal and the regulations (s 16(2); s 25(d)). If urgency exists, apply ex parte on affidavit to the Chairperson under s 13(3)(a).

Representation and hearings

Secure representation early: where legal representation is intended, arrange counsel to appear before the Tribunal; non‑lawyers may represent only with leave and it is an offence to accept fees as a non‑legal representative without such leave (s 16(6)-(7)). Consider the scope for instructing counsel on points of law and procedure because the member presiding determines jurisdictional and evidentiary questions (s 11(3)(a)).
Prepare to call evidence: the Tribunal will generally hear appeals on the original hearing’s evidence (s 11(3)(c)), but the presiding member may admit additional expert or other evidence where proper. Submit applications to admit new evidence with rationale as to why it is necessary and admissible under the Tribunal’s flexible evidentiary rules (s 11(3)(c); s 11(3)(e)(ii)).

Engaging with the Registrar and procedural directions

Follow Registrar directions: on lodgement the Registrar will fix a hearing time and place, notify parties and serve notices on affected persons (s 16(3)). Comply with all reasonable directions issued by the Chairperson or Registrar; failure to attend after being duly served allows the Tribunal to proceed in the absence of the party (s 16(5)).
Seek reasons if required: if the Tribunal notifies of its determination, and a party wishes written reasons, request them within 14 days for the Tribunal to furnish reasons in writing (s 21). Early requests for reasons aid any further procedural steps and preserve record for enforcement.

Managing evidence and summonses

Respond to summonses and production orders promptly: comply with any Tribunal summons to produce documents or attend, or provide reasonable excuse where legitimate; failure to comply is an offence (s 17(3); s 20(1)(a)-(b)). If sensitive material is involved, consider making submissions to the Tribunal about in camera hearing directions under s 11(3)(e)(ii) and s 17(8).
Be prepared for compulsion and immunity implications: if called to give evidence, remember that a compelled answer will not be admissible in other civil or criminal proceedings except for perjury or false answers (s 17(5)). Seek legal advice regarding whether to claim privilege or to apply for protections where appropriate.

Costs and security for costs

Plan for potential security for costs: the Chairperson may direct security for costs on lodgement; be prepared to provide or contest such a direction with submissions (s 16(1)(c)). Given the Tribunal’s restrictive approach to costs awards (s 17(10)), factor in the relatively low risk of adverse cost orders if the case is strong, but avoid frivolous or vexatious arguments that could attract cost orders.
Review regulatory scales: consult the regulations for any prescribed scale of costs (s 25(g)), bearing in mind those regulations must align with the Legal Profession Uniform Law Application Act 2022 where applicable.

Interacting with RWWA and clubs

Obtain and preserve records: early in the matter request the transcript from RWWA if available and keep copies of all relevant documents because the Tribunal is not obliged to provide transcripts to appellants (s 16(4)). Seek directions to obtain necessary material from RWWA and clubs under s 17(3).
Consider stay applications: if a contested penalty would materially affect professional engagements (rides/drives), apply early under s 17(7) for directions suspending operation of orders pending appeal, but be aware the Tribunal will not suspend where it would prejudice an existing stay implemented by RWWA or if the primary motive is to continue to undertake engagements beyond RWWA permissions.

Administrative compliance for clubs and RWWA

Provide transcripts and cooperate: upon notification of an appeal, RWWA, stewards and clubs must furnish transcripts to the Registrar (s 16(4)). Ensure internal records are complete, accurate and transmitted promptly to the Registrar to avoid procedural disputes.
Implement Tribunal determinations: on receipt of a Tribunal order, comply “forthwith” and give effect within the time required; put internal processes in place to implement refunds, suspensions or other directions (s 19(1)).

Tribunal members, Chairperson and Registrar

Adhere to eligibility and conflict rules: prospective members must not sit on appeals where they have proscribed interests; appointment processes must screen for betting activity, ownership, training, employment or agency relationships to runners implicated by the appeal (s 7(1)-(3); Schedule cl 3(2)). The Schedule sets out ineligibility categories that must be observed.
Keep records and provide reports: the Chairperson must forward determinations to the Minister (s 14(4)) and furnish reports on Tribunal activities as requested (s 9(4)). The Registrar must keep accurate minutes and prepare annual cost estimates for Ministerial approval (s 11(4); s 24(2)).

Financial compliance

Budgeting: the Registrar must prepare the Tribunal’s estimated costs each financial year and submit them to the Minister for approval; RWWA will deduct the approved estimate from amounts otherwise payable to clubs and pay it to the Tribunal (s 24(2)-(4)). Ensure proper budgeting and timely interactions with RWWA to avoid unexplained deductions and disputes.
Audit and accounts: maintain agency special purpose accounts or Treasurer‑approved bank accounts and comply with the Financial Management Act 2006 and Auditor General Act 2006 obligations (s 24(8)-(9)).

Practical checklist for a practitioner advising an appellant

Verify the appeal deadline and lodge the written notice with the Registrar within 14 days (s 13(1); s 16(1)-(2)).
Confirm prescribed lodgement fee and whether security for costs is being directed (s 16(1)(b)-(c); s 25(d)).
Obtain transcript and original hearing materials from RWWA and preserve client records (s 16(4)).
Prepare grounds of appeal clearly, identify issues of fact and law, and set out relief sought (s 16(2)(c)).
Apply for leave where an appeal would not otherwise lie and urgent ex parte relief is necessary (s 13(2)-(3)).
Advise on representation, secure counsel if required, and prepare witness evidence and submissions on admissibility (s 16(6); s 11(3)(c)).
Consider applying for suspension of operation of orders pending appeal (s 17(7)) where appropriate.
Request written reasons promptly if adverse determination is given (s 21).
Where monetary relief is obtained, apply for Registrar certification and register the determination in the Magistrates Court for enforcement (s 23(2)-(3)).

Adhering to these procedural steps, engaging early with the Registrar and Chairperson, and using the Act’s built‑in protections and directions will help ensure compliance and preserve rights under the Tribunal’s statutory regime.

Deep Dive

What it does

Current sections