Victorian Numbered Acts Victorian Numbered ActsAfter section 83 of the Principal Act insert —
(1) In this Part—
Australian lawyer has the same meaning as in the Legal Profession Act 2004 ;
"Boards Registrar" means the Boards Registrar referred to in section 83OE;
"Chairperson" means the Chairperson of the GRV Racing Appeals and Disciplinary Board appointed under section 83E;
"Deputy Chairperson "means the Deputy Chairperson of the GRV Racing Appeals and Disciplinary Board appointed under section 83F;
"Greyhound Racing Victoria" has the same meaning as Board has in section 51;
"GRV Racing Appeals and Disciplinary Board" means the Racing Appeals and Disciplinary Board for Greyhound Racing Victoria established under section 83B;
"investigator" means a person appointed under the rules by the Greyhound Racing Victoria to investigate matters in respect of the enforcement of, and compliance with, the rules;
"penalty" means—
(a) the imposition of any fine under the rules relating to any participation in racing in any capacity; or
(b) any—
(i) suspension; or
(ii) disqualification; or
(iii) warning off—
imposed under the rules from participating in racing in any capacity;
"rules" has the same meaning as it has in section 51;
"serious offence" means an offence under the rules that is specified in the rules to be a serious offence.
(2) In this Part, a reference to a member of the
GRV Racing Appeals and Disciplinary Board includes a reference to the
Chairperson and the Deputy Chairperson of the Board, unless the contrary
intention appears.
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There is established a Board to be known as the Racing Appeals and Disciplinary Board for Greyhound Racing Victoria.
The functions of the GRV Racing Appeals and Disciplinary Board are to—
(a) hear and determine appeals made under section 83J in relation to decisions made under the rules to impose penalties on persons;
(b) hear and determine charges made against persons for serious offences;
(c) hear and determine appeals in relation to decisions made under the rules following a direction made by the Racing Integrity Commissioner under section 83K;
(d) hear and determine any matter referred to the GRV Racing Appeals and Disciplinary Board by Greyhound Racing Victoria—
(i) on Greyhound Racing Victoria's own motion; or
(ii) on the recommendation of the Stewards.
(1) The GRV Racing Appeals and Disciplinary Board consists of a Chairperson, Deputy Chairperson and not less than 5, and not more than 15, other members.
(2) A member of the GRV Racing Appeals and Disciplinary Board, other than the Chairperson and Deputy Chairperson, is to be appointed by Greyhound Racing Victoria.
(3) Greyhound Racing Victoria must not appoint a person to be a member of the GRV Racing Appeals and Disciplinary Board under subsection (2) if the person holds an office in—
(a) Racing Victoria; or
(b) Harness Racing Victoria; or
(c) Greyhound Racing Victoria.
(4) A member of the GRV Racing Appeals and Disciplinary Board, other than the Chairperson or Deputy Chairperson, must be appointed for a period, not exceeding 3 years, specified in his or her instrument of appointment and is eligible for re-appointment.
(5) A member of the GRV Racing Appeals and Disciplinary Board, other than the Chairperson and Deputy Chairperson, may resign from office by delivering a signed letter of resignation to the Chairperson of Greyhound Racing Victoria.
(6) A member of the GRV Racing Appeals and Disciplinary Board is entitled to the remuneration and allowance fixed in respect of the member by the Governor in Council.
(1) The Minister must appoint an eligible person to be Chairperson of the GRV Racing Appeals and Disciplinary Board.
(2) A person is an eligible person under subsection (1) if he or she—
(a) is an Australian lawyer of no less than 7 years standing; and
(b) is not registered as a licensed person under the rules of a controlling body; and
(c) does not have a financial or proprietary interest in a greyhound or racehorse; and
(d) does not hold an office in—
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
(iv) any racing club; or
(v) any organisation that may, in the opinion of the Minister, give rise to a conflict of interest.
(3) The Chairperson—
(a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment; and
(b) is eligible for re-appointment.
(4) The Chairperson may resign from office by delivering a signed letter of resignation to the Minister.
(5) The Chairperson must resign from office
if—
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(a) he or she obtains a financial or proprietary interest in a greyhound or racehorse;
(b) he or she becomes registered as a licensed person under the rules;
(c) he or she accepts an office in—
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
(iv) any racing club; or
(v) any organisation that may, in the opinion of the Minister, give rise to a conflict of interest.
Note
The Minister may remove a Chairperson from office in accordance with section 83H.
(1) The Minister, on the recommendation of Greyhound Racing Victoria, must appoint an eligible person to be the Deputy Chairperson of the GRV Racing Appeals and Disciplinary Board.
(2) A person is an eligible person under subsection (1) if he or she—
(a) is an Australian lawyer of no less than 7 years standing; and
(b) is not registered as a licensed person under the rules of a controlling body; and
(c) does not have a financial or proprietary interest in a greyhound or racehorse; and
(d) does not hold an office in—
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
(iv) any racing club; or
(v) any organisation that may, in the opinion of the Minister, give rise to a conflict of interest.
(3) The Deputy Chairperson—
(a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment; and
(b) is eligible for re-appointment.
(4) The Deputy Chairperson may resign from office by delivering a signed letter of resignation to the Minister.
(5) The Deputy Chairperson must resign from office if—
(a) he or she obtains a financial or proprietary interest in a racehorse or greyhound;
(b) he or she becomes registered as a licensed person under the rules;
(c) he or she accepts an office in—
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
(iv) any racing club; or
(v) any organisation that may, in the opinion of the Minister, give rise to a conflict of interest.
Note
The Minister may remove a Deputy Chairperson from office in accordance with section 83H.
(1) The Deputy Chairperson must act as Chairperson if—
(a) the office of Chairperson is vacant; or
(b) the Chairperson is absent from Victoria or is unable, for any reason, to perform the duties of the office.
(2) While the Deputy Chairperson is acting as Chairperson, he or she has and may exercise all the powers, and must perform all the duties, of the Chairperson.
(3) The Minister may appoint a member of the GRV Racing Appeals and Disciplinary Board to act as Deputy Chairperson—
(a) during a vacancy in the office of Deputy Chairperson; or
(b) during any period, or during all periods, when the Deputy Chairperson is acting as Chairperson or is unable, for any reason, to perform the duties of the Deputy Chairperson.
(4) Greyhound Racing Victoria may appoint a person to be a member of the GRV Racing Appeals and Disciplinary Board (other than the Chairperson or Deputy Chairperson) during any period, or during all periods, when a member is acting as Deputy Chairperson or is unable, for any reason, to perform the duties of office.
The Minister may remove a member of the GRV Racing Appeals and Disciplinary Board from office as a member if the Minister is satisfied that the member—
(a) is not acting in his or her office responsibly; or
(b) is not avoiding any conflicts of interest; or
(c) is not mentally or physically capable of satisfactorily performing the functions of the office; or
(d) has become an insolvent under administration.
For the purposes of hearing and determining a matter under section 83C, the GRV Racing Appeals and Disciplinary Board is to be constituted by—
(a) the Chairperson and up to 4 other members of the GRV Racing Appeals and Disciplinary Board selected by, and at the discretion of, the Chairperson; or
(b) the Deputy Chairperson and up to 4 other members of the GRV Racing Appeals and Disciplinary Board selected by, and at the discretion of, the Chairperson.
(1) A person may appeal to the GRV Racing Appeals and Disciplinary Board against a decision made under the rules to impose a penalty on the person if—
(a) the penalty is a suspension, disqualification or warning off; or
(b) the penalty is a fine of more than $250.00.
(2) An appeal made by a person under subsection (1) must—
(a) be in the prescribed form; and
(b) be lodged with the Boards Registrar by 5.00 p.m. on the third day after the day the appellant receives notice of the decision that the appellant is appealing.
(3) The Boards Registrar must give the Chairperson a copy of an appeal lodged under subsection (2) as soon as reasonably practicable.
(4) The GRV Racing Appeals and Disciplinary Board must hear an appeal made by a person under this section.
(5) As soon as is reasonably practicable after the Chairperson receives a copy of an appeal, the GRV Racing Appeals and Disciplinary Board must advise, in writing, the appellant and the person or body that imposed the penalty in respect of which the appeal is being made, of—
(a) the date and time of the hearing of the appeal; and
(b) the venue at which the hearing will be held.
(1) This section applies to a person in respect of whom a decision has been made under the rules to impose a penalty that is a fine of not more than $250.00.
(2) A person to whom this section applies may apply, in writing, to the Racing Integrity Commissioner requesting that the Commissioner consider directing the GRV Racing Appeals and Disciplinary Board to hear an appeal made by the person against a decision made under the rules despite the fact that the decision relates to the imposition of a fine of not more than $250.00.
(3) An application made by a person under subsection (2) must be made by 5.00 p.m. on the day after the day the person receives notice of the decision that the person would like to appeal.
(4) If the Racing Integrity Commissioner considers that it is in the public interest for an appeal to be heard in respect of a decision made against a person who has applied under subsection (2), the Commissioner may direct the GRV Racing Appeals and Disciplinary Board to hear and determine that appeal.
(5) The GRV Racing Appeals and Disciplinary Board must hear an appeal made in respect of a decision to impose a penalty that is a fine of not more than $250.00 if the Racing Integrity Commissioner makes a direction under subsection (4).
(6) As soon as is reasonably practicable after the Racing Integrity Commissioner makes a direction under subsection (4), the GRV Racing Appeals and Disciplinary Board must advise, in writing, the appellant and the person or body that made the decision in respect of which the appeal is being made, of—
(a) the date and time of the hearing of the appeal; and
(b) the venue at which the hearing will be held.
The GRV Racing Appeals and Disciplinary Board may grant leave to appeal out of time under section 83J(2) if the Board—
(a) is of the opinion that the applicant has provided a satisfactory explanation for his or her failure to institute the appeal within the period specified in section 83J(2); and
(b) considers that it would be unjust to refuse leave to appeal out of time.
(1) If a person has been charged with a serious offence under the rules, the GRV Racing Appeals and Disciplinary Board must hear and determine the serious offence.
(2) The person who or body that has charged a person with a serious offence must provide the Boards Registrar with prescribed details of the charge not more than 2 days after the person charged has been provided those prescribed details.
(3) The Boards Registrar must give the Chairperson a copy of the prescribed details of the charge as soon as reasonably practicable.
(4) As soon as is reasonably practicable after Chairperson receives the prescribed details of the charge, the GRV Racing Appeals and Disciplinary Board must advise, in writing, the person charged with a serious offence and the person or body that charged the person, of—
(a) the date and time of the hearing of the charge; and
(b) the venue at which the hearing will be held.
(1) Subject to this Part, the GRV Racing Appeals and Disciplinary Board—
(a) may, if the parties have been advised of the date, time and venue of the hearing, conduct the hearing in the presence of the parties or representatives of the parties, or with only some of the parties or representatives of the parties or without any of the parties or representatives of the parties; and
(b) may hear evidence by telephone, closed circuit television or video links; and
(c) may allow the evidence of a Steward or an investigator to be given on the notes of evidence taken by the Steward or investigator; and
(d) may conduct a proceeding on the case stated by the parties to the proceeding; and
(e) may conduct the re-hearing of a matter by affidavit, statutory declaration or oral evidence; and
(f) is not required to conduct a hearing as a de novo hearing; and
(g) may conduct a proceeding in private if the Board considers that it is in the public interest or in the interests of justice, but must otherwise hold its hearing in public; and
(h) may review a decision being appealed in full including in circumstances where only part of the decision has been objected to, sought to be reviewed or appealed; and
(i) may make interim orders; and
(j) must give reasons for any decision it makes; and
(k) is bound by the rules of natural justice; and
(l) may otherwise regulate its own procedure.
(2) The GRV Racing Appeals and Disciplinary Board may dismiss a proceeding without hearing if the Board is satisfied that the proceeding is frivolous, vexatious, misconceived or lacking in substance.
(3) A party to a proceeding before the GRV Racing Appeals and Disciplinary Board is entitled to be represented by an Australian lawyer or any other person.
(4) The Chairperson or Deputy Chairperson may give directions in relation to the operation or procedure of the GRV Racing Appeals and Disciplinary Board.
(5) Directions made under subsection (4) must not be inconsistent with this Act, regulations or the rules.
(1) In the determination of any matter before the GRV Racing Appeals and Disciplinary Board, the Board may—
(a) decide all questions of fact; and
(b) make any decision or order that the Board considers is required in the interests of justice, including the imposition of any penalty under the rules.
(2) In determining an appeal the GRV Racing Appeals and Disciplinary Board may—
(a) affirm, set aside or vary the decision appealed against; or
(b) quash, set aside, mitigate, reduce, vary or increase the penalty imposed on the appellant under the rules; or
(c) refer the matter back for reconsideration by the person who, or body that, made the decision appealed against.
(1) The reasons for a decision made by the GRV Racing Appeals and Disciplinary Board—
(a) may be given in writing or orally; and
(b) form part of the record of the proceeding in respect of which the decision was made.
(2) If the GRV Racing Appeals and Disciplinary Board gives its reasons orally, a party to the proceeding may, within 28 days of the decision being given orally, request the GRV Racing Appeals and Disciplinary Board to give written reasons for the decision.
(3) If a request is made by a party under subsection (2), the HRV Racing Appeals and Disciplinary Board must provide written reasons for its decision within 28 days of the request.
A person must not—
(a) insult, threaten or intimidate a member of the GRV Racing Appeals and Disciplinary Board in the performance of functions or the exercise of powers as a member at a proceeding before the GRV Racing Appeals and Disciplinary Board; or
(b) repeatedly interrupt a proceeding before the GRV Racing Appeals and Disciplinary Board; or
(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the GRV Racing Appeals and Disciplinary Board is conducting a proceeding; or
(d) do any other act that would, if the GRV Racing Appeals and Disciplinary Board were the Supreme Court, constitute contempt of that court.
The Governor in Council may make regulations for or with respect to prescribing—
(a) forms for the purposes of this Part; and
(b) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.
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