www.racingappealspanel.qld.gov.au

Applying for a review

How can I apply for a review?

To apply for a review of your decision, complete the Application for review.

What types of matters can be reviewed?

You may apply for a review of a steward’s decision under the rules of racing if the decision:

  • takes disciplinary action affecting your approval or licence
  • takes exclusion action against you
  • imposes a monetary or other penalty on you.

For example, a decision under The Rules of Racing Queensland (Thoroughbred Racing) AR131(a) that a jockey engaged in careless, reckless, improper, incompetent or foul riding that results in a disciplinary action affecting the jockey’s licence or a monetary penalty can be reviewed by the panel.

A disqualification action means action that:

  • is disciplinary action relating to the person’s approval or licence or exclusion action against the person, and
  • prevents the person from doing any of the following for a period of 3 months or longer:
    • attending a race meeting
    • betting
    • bookmaking
    • racing an animal.

For example, disciplinary action to:

  • suspend the licence of a licence holder for an animal for 3 months
  • cancel the licence of a licence holder for 4 months
  • exclusion action to warn off a person from entering, or remaining at, a racecourse for 6 months.

Exclusion action means action against a person taken by a steward to:

  • name the person on a list kept under the Rules of Racing that identifies persons whose entitlements are forfeited, or
  • warn off the person from entering, or remaining at, a place being used for a race meeting.

What types of matters cannot be reviewed?

There are no changes to the arrangements for the review of other administrative decisions made by the Queensland Racing Integrity Commission (QRIC).

This includes decisions about whether to grant a licence to a person or not.

These decisions cannot be reviewed by the panel and will still be reviewed internally by QRIC and external merits review by the Queensland Civil and Administrative Tribunal.

The exercise of certain powers under the Racing Integrity Act 2016, such as the seizure of animals or property and the issuing of animal welfare directions will not be reviewed by the panel. These decisions will still be subject to internal review by QRIC and appeal to the courts under current arrangements.

If I can’t use the online form, can I get a copy of the form?

Applications can be made securely online at the panel’s website. It is preferred that applications are submitted online but an offline copy of the form can be downloaded.

It must be emailed to the address provided on the form, within the timeframe for making an application.

What is the cost of making an application for review?

There is no cost to apply for a review or to access documents and evidence relating to your hearing, but you must cover any of your own costs, including the costs of witnesses you request.

Can I amend or withdraw my application?

You may amend or withdraw your application at any time. If you need to amend your application within one business day of a scheduled hearing, contact the registry on the email provided in your application for review receipt.

How will I know the outcome of my application?

You will receive written notification of the outcome of your application. Publicly available decisions are also available here.

When must I submit my application?

You must submit your application within 3 business days after the day you are given a penalty notice.

What happens when I submit my application?

You will receive a confirmation email within an hour of submission—if you don’t, contact the registry on the details provided on the Application for review form.

More information.

What does a ‘business day’ mean?

A business day means Monday to Friday, excluding weekends and public holidays.

Can I apply for a stay?

Yes, you can apply to the panel to stay the operation of the racing decision for your application but a stay can only be in place until there is a decision on your application for review.

There is no cost to apply for a stay.

More information about stays.

Hearings and decisions

How are applications decided?

The panel may decide the outcome of an application in any way it considers appropriate.

A final decision about your application for review must be made:

  • within 20 business days of applying when the penalty is disqualification of 3 months or longer
  • Within 7 business days of applying for all other matters.

How many people are on the panel?

The panel deciding your application will be made up of the Chairperson and two other panel members.

However, the Chairperson may review your application on their own if the application is about a decision of a steward that:

  • imposes a penalty of $200 or less, or
  • takes disciplinary action about your approval or license for 8 days or less, or
  • takes exclusion action against you for 8 days or less.

When are hearings?

Not all matters will involve a hearing.

Hearings may be held from Monday to Friday during business hours.

If a hearing is to be held you will be advised when it will be held.

Can I ask someone to be a witness or provide a statement?

You are responsible for:

  • organising any witnesses you would like to give evidence
  • producing any documents or things to support your case.

On application of a party or on the panel’s own initiative, if the panel reasonably believes a person has information the panel should consider, or has a document or thing that contains such information, the panel may give notice to that person to either appear at a hearing or produce the document or thing.

Not complying with a notice from the panel to attend or produce a document or thing, is an offence.

If you ask for this type of notice to be issued to a person, you will be required to pay the person fees and allowances for their attendance that are decided by the panel. Otherwise, you will be required to pay a proportion of the fees and allowances decided by the panel.

What are the fees and allowances payable to witnesses?

The panel has adopted the allowances for witnesses and interpreters outlined in Part 3 of the Uniform Civil Procedure (Fees) Regulation to be consistent with other independent decision-making bodies.

The panel’s policy on allowances for witness provides additional information.

What happens if I can’t make it to my hearing?

If you cannot attend your hearing, advise the registry as soon as possible.

The panel can hear a review of your application in your absence if you have been given notice of the hearing and you do not have a reasonable excuse for not attending.

What happens if I don’t have access to a computer or have poor internet reception?

For online hearings, if you do not have access to a computer, you can connect via your smart phone.

Audio-only calls are better where internet coverage is patchy.

What can the panel decide?

The panel can decide to:

  • confirm the original decision by the racing steward
  • vary the original decision
  • set aside the steward’s decision and make its own decision.

If you are disqualified by the panel, the panel must state whether you are disqualified because of a serious risk to:

  • the welfare or health of an animal
  • the safety of any person, or
  • the integrity of the Queensland racing industry.

This part of the decision may have implications for your ability to appeal the panel’s decision to the Queensland Civil and Administrative Tribunal.

When will the panel’s decision take effect?

The panel’s decision takes effect on the day the notice is given to you, or a later day as stated in the notice.

Can I get a copy of past decisions?

Yes, most Racing Appeal Panel decisions made from 31 March 2023 are available to the public and can be found here.

Legal advice and support

Can I get my own legal advice?

You may wish to get independent legal advice or engage a lawyer to assist you with your application for review and if required, represent you in the hearings process.

You could contact a local community legal centre or find a solicitor through the Queensland Law Society’s online database.

Do I need to have legal representation at the hearing?

You do not need to have a lawyer to represent you in a hearing. However, it is recommended that you obtain your own independent legal advice when deciding whether or not to have legal representation.

What support does the panel registry offer?

The panel registry can provide limited support but does not provide legal advice.

What other support is available?

Your industry association may be able to provide other support:

If you would like to have a support person who is not a lawyer present during a hearing, you will need to ask the panel in your application.

Appealing the decision

Can I appeal the decision of the panel?

If the panel’s decision includes taking disqualification action against you and you are dissatisfied with the decision, you may appeal through the Queensland Civil and Administrative Tribunal (QCAT) within 28 days of the decision.

An appeal to QCAT can only be made on a question of law relating to the penalty imposed.

Last updated: 21 Sep 2023