43Procedure on an appeal

#### 43 Procedure on an appeal 43 Procedure on an appeal > > (1) An appeal to the Appeal Panel is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision appealed against was made, may be given on the appeal. > > > (2) The Appeal Panel may subject to this Act and the local rules of racing of Racing NSW determine its own procedure. > > > (3) On an appeal the Appeal Panel— > > > > > (a) is not bound to act in a formal manner, and > > > > > (b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers to be just, and > > > > > (c) is to make its decision on the real merits and justice of the case and is not bound to follow strict legal precedent. > > > (4) The Appeal Panel is to sit as in open court when hearing the appeal but may sit in private if the Appeal Panel considers it necessary to do so in the public interest or to protect the safety of any person. > > > (5) For the purpose of the exercise of the Appeal Panel’s functions on an appeal, the person presiding at the hearing of the appeal has the powers, authorities, protections and immunities conferred by the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) on a Commissioner appointed under Division 1 of Part 2 of that Act. That Act (except section 13 and Division 2 of Part 2) applies, with any necessary modifications, to a witness summoned by, or appearing before, the Appeal Panel. > > > (6) When an appeal is to a racing association pursuant to a delegation to the association by Racing NSW under this Part, the following provisions have effect— > > > > > (a) the committee of the association has the function of hearing and determining the appeal, and > > > > > (b) the members of the committee of the association and the person presiding at the hearing of the appeal have the same powers, authorities, protections and immunities as the members of the Appeal Panel and the person presiding at the hearing of an appeal by the Appeal Panel, and > > > > > (c) references in this section to the Appeal Panel and to the person presiding at the hearing of an appeal include a reference to the committee and to the person presiding at the hearing of the appeal by the committee, and > > > > > (d) the same right of appeal as exists under the [Racing Appeals Tribunal Act 1983](/view/html/inforce/current/act-1983-199) in respect of a decision of the Appeal Panel also exists in respect of a decision of the committee of the association (and for that purpose references in that Act to a decision of the Appeal Panel are to be read as including a reference to a decision of the committee of a racing association). > > **s 43:** Am 1997 No 24, Sch 1 \[5\] \[15\]; 2004 No 23, Sch 1 \[15\].