Racing (Racing Appeals Tribunal) Regulations 2005

i Racing (Racing Appeals Tribunal) Regulations 2005 S.R. No. 20/2005 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Definitions 1 4. Revocation 2 5. Content of register of appeals 2 6. Notice of Appeal 3 7. Exceptional circumstances 3 8. Notice of Hearing 4 9. Supply of transcript or records of hearing the subject of appeal 4 10. Stays of execution pending determination of appeals 5 11. Hearing of appeal 5 12. Summons to appear 6 __________________ FORMS 7 Form A—Racing Appeals Tribunal Notice Of Appeal 7 Form B—Racing Appeals Tribunal Notice of Appeal by a Steward 9 Form C—Racing Appeals Tribunal Notice of Hearing 11 Form D—Racing Appeals Tribunal Notice of Hearing of Appeal by a Steward 12 Form E—Racing Appeals Tribunal Stay of Execution 13 Form F—Racing Appeals Tribunal Stay of Execution—Appeal by a Steward 14 Form G—Racing Appeals Tribunal Summons to Appear 15 ═══════════════ ENDNOTES 17 -- 1 of 18 -- 1 STATUTORY RULES 2005 S.R. No. 20/2005 Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 27 April 2005 Responsible Minister: JOHN PANDAZOPOULOS Minister for Racing RUTH LEACH Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) prescribe the form and content of the register of appeals; and (b) prescribe the forms and procedures for appeals to the Racing Appeals Tribunal. 2. Authorising provision These Regulations are made under section 83O of the Racing Act 1958. 3. Definitions In these Regulations— "appellant" includes a Steward if the appeal is under section 83KA of the Act; -- 2 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 2 "person affected", in relation to an appeal by a Steward under section 83KA of the Act, means the person against whom the original penalty has been imposed; "the Act" means the Racing Act 1958. 4. Revocation The following Regulations are revoked— (a) the Racing (Racing Appeals Tribunal) Regulations 1994 1 ; (b) the Racing (Racing Appeals Tribunal) (Amendment) Regulations 20012 . 5. Content of register of appeals For the purposes of section 83J(2)(a) of the Act, the register is in the prescribed form if it sets out the following matters— (a) the number of the appeal; (b) date of receipt of the Notice of Appeal; (c) name of the appellant; (d) penalty appealed against; (e) date of hearing of the appeal by the Tribunal; (f) determination of the appeal by the Tribunal; (g) any direction of the Tribunal as to the sum of money lodged by the appellant; (h) any order of the Tribunal as to costs; (i) if the appeal is by a Steward under section 83KA of the Act— (i) the name of the person affected; and r. 4 -- 3 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 3 (ii) the decision of— (A) in the case of harness racing and greyhound racing, the appropriate controlling body on the appeal to that body against the penalty originally imposed by the Steward; and (B) in the case of horse racing, the horse racing appeals and disciplinary body. 6. Notice of Appeal (1) An appeal under section 83K(1) or (2) of the Act must be by Notice of Appeal and must be— (a) in Form A; and (b) subject to regulation 7, delivered or sent by post to the Registrar; and (c) accompanied by the sum of $250. (2) An appeal under section 83KA of the Act must be by Notice of Appeal by a Steward and must be— (a) in Form B; and (b) delivered or sent by post to the Registrar. 7. Exceptional circumstances (1) On being satisfied that exceptional circumstances exist, the Chairman or a Deputy Chairman, may authorise an appellant to deliver or send a Notice of Appeal to the appropriate controlling body. (2) The controlling body must, after receiving the Notice of Appeal, inform the Registrar of the fact and deliver or send the Notice of Appeal to the Registrar. r. 6 -- 4 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 4 8. Notice of Hearing (1) The Registrar must within a reasonable time before the hearing of an appeal under section 83K of the Act deliver or send by post to all parties to the appeal a Notice of Hearing in Form C. (2) The Registrar must within a reasonable time before the hearing of an appeal under section 83KA of the Act deliver or send by post to all parties a Notice of Hearing of Appeal by a Steward in Form D. 9. Supply of transcript or records of hearing the subject of appeal (1) As soon as practicable after receiving a Notice of Appeal the Registrar must request a relevant person or body to provide the Registrar with 2 copies of the transcripts or other record of any hearings that the relevant person or body has held in relation to the appeal. (2) A person of whom a request is made under sub- regulation (1) must comply with that request. (3) On being provided with copies of any transcript or other record the Registrar must forward one copy to the appellant and, if the appellant is a Steward, one copy to the person affected. (4) In this regulation— "relevant person or body" means— (a) if the Notice of Appeal relates to an appeal under section 83K(1) or (2) of the Act, the Chairman of Stewards and the appropriate controlling body; r. 8 -- 5 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 5 (b) if the Notice of Appeal relates to an appeal under section 83KA of the Act— (i) Harness Racing Victoria if the appeal is against a decision of that body; (ii) Greyhound Racing Victoria if the appeal is against a decision of that body; (iii) the horse racing appeals and disciplinary body if the appeal is against a decision of that body. 10. Stays of execution pending determination of appeals (1) If an order is made under section 83K(7) of the Act, the Registrar must deliver or send by post to the Chairman of Stewards or the appropriate controlling body a notice in Form E. (2) If an order is made under section 83KA(5) of the Act, the Registrar must deliver or send by post to the appropriate controlling body and to the person affected a notice in Form F. 11. Hearing of appeal (1) Subject to sub-regulation (2), the Tribunal is to commence the hearing of an appeal as soon as practicable within 28 days of the date of receipt by the Registrar of the Notice of Appeal. (2) The Chairman may in a particular case extend the period of time prescribed by sub-regulation (1) if in his or her opinion there is good cause to do so. r. 10 -- 6 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 6 12. Summons to appear (1) A summons to appear issued by the Registrar must be in Form G. (2) On service of a copy of a summons the person effecting service must complete a declaration of service endorsed on the original. __________________ r. 12 -- 7 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 7 FORMS FORM A Regulation 6(1) Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 RACING APPEALS TRIBUNAL NOTICE OF APPEAL To: The Registrar Racing Appeals Tribunal I (name) of (address) give Notice that I appeal against the penalty imposed on me by— (insert name of Stewards or appropriate controlling body) on (date) The details of the penalty imposed on me are— (penalty) The details of the offence/charge for which I have been penalised are— (offence/charge) I appeal on the following ground(s)— 1. 2. 3. Form A -- 8 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 8 I do/do not* seek a stay of execution of the penalty imposed on me. *Delete whichever is not applicable I enclose the sum of $250. Signed: Dated: (Appellant) __________________ Form A -- 9 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 9 FORM B Regulation 6(2) Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 RACING APPEALS TRIBUNAL NOTICE OF APPEAL BY A STEWARD To: The Registrar Racing Appeals Tribunal I (Name of Steward) of (address) give Notice that I appeal against the decision of (insert name of appropriate controlling body or horse racing appeals and disciplinary body) on (date) in relation to the penalty originally imposed by me on— (insert name and address of person upon whom penalty originally imposed) The details of the decision of the controlling body or horse racing appeals and disciplinary body against which I am appealing are— The details of the penalty imposed by me and the offence/charge to which the penalty relates are— I appeal on the following ground(s)— 1. 2. 3. Form B -- 10 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 10 I do/do not* seek a stay of execution of the decision made by the controlling body or horse racing appeals and disciplinary body. *Delete whichever is not applicable Signed: Dated: (Steward) __________________ Form B -- 11 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 11 FORM C Regulation 8(1) Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 RACING APPEALS TRIBUNAL NOTICE OF HEARING To: (Appellant) And to: (appropriate controlling body/Chairman of Stewards) Take notice that the hearing of the appeal lodged by (Appellant) on (date) will be heard by the Tribunal— at (place of hearing) on (date) at (time) Dated: REGISTRAR. __________________ Form C -- 12 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 12 FORM D Regulation 8(2) Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 RACING APPEALS TRIBUNAL NOTICE OF HEARING OF APPEAL BY A STEWARD To: (Steward) And to: (appropriate controlling body/horse racing appeals and disciplinary body) And to: (person upon whom original penalty has been imposed) Take notice that the hearing of the appeal lodged by: (Steward) on (date) will be heard by the Tribunal— at (Place of Hearing) on (date) at (time) Dated: REGISTRAR. __________________ Form D -- 13 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 13 FORM E Regulation 10(1) Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 RACING APPEALS TRIBUNAL STAY OF EXECUTION To: (appropriate controlling body/Chairman of Stewards) Take notice that: (Chairman/Deputy Chairman) has granted (Appellant) a stay of the execution of the penalty imposed by (the Stewards/appropriate controlling body) on (date) The details of the penalty imposed on the Appellant and the offence/charge to which the penalty relates are— Dated: REGISTRAR. __________________ Form E -- 14 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 14 FORM F Regulation 10(2) Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 RACING APPEALS TRIBUNAL STAY OF EXECUTION—APPEAL BY A STEWARD To: (appropriate controlling body/horse racing appeals and disciplinary body) And to: (person upon whom original penalty imposed) Take notice that: (Chairman/Deputy Chairman) has granted (Steward) a stay of the execution of the following decision made by the (appropriate controlling body/horse racing appeals and disciplinary body) on (date) The details of the original penalty imposed by the Stewards and the offence or charge to which the penalty relates are— on (date) Dated: REGISTRAR. __________________ Form F -- 15 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 15 FORM G Regulation 12 Racing Act 1958 Racing (Racing Appeals Tribunal) Regulations 2005 RACING APPEALS TRIBUNAL SUMMONS TO APPEAR To: (Name of person to whom summons is issued) Take notice that you are summoned to appear before the Racing Appeals Tribunal in the appeal by (name) at (address) on (date) at (time) am/pm Note: Failure to answer this summons may result in the imposition of a penalty of $500. DECLARATION OF SERVICE I (name) declare that at (place) on (date) at (time) am/pm Form G -- 16 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 16 I served a true copy of this summons on (name of person being summoned) by (manner of service) Signed: Dated: ═══════════════ Form G -- 17 of 18 -- S.R. No. 20/2005 Racing (Racing Appeals Tribunal) Regulations 2005 17 ENDNOTES 1 Reg. 4(a): S.R. No. 62/1994 as amended by S.R. No. 61/2001 and extended in operation by S.R. No. 31/2004. 2 Reg. 4(b): S.R. No. 61/2001. Endnotes -- 18 of 18 --