Functions of the HRV RAD Board
The key functions of the HRV RAD Board are:
• to hear and determine charges made by Stewards against persons for serious offences;
• to hear and determine appeals in relation to decisions made under the rules to impose penalties on persons.
The HRV RAD Board came into operation on 1 March 2010 as a consequence of amendments to the Racing Act 1958 (Vic). The amendments were included in the Racing Legislation Amendment (Racing Integrity Assurance)
Act 2009 (Vic).
Section 50B of the Racing Act 1958 (the Act) establishes the HRV RAD Board.
HRV RAD BOARD COMPOSITION
Under sections 50E & F of the Act, the Chair and Deputy Chair of the HRV RAD Board are appointed by the Governor-in-Council following a recommendation from the Minister for Racing. The following appointments were made by the Minister and came into effect in March 2010:
Chair: Mr Brian Collis QC
Deputy Chair: Mr Anthony Burns
Section 50D of the Act requires HRV to appoint a panel of up to 15 members to sit on the HRV RAD Board. The following regular members were approved by HRV and came into effect in March 2013:
Mr Kevin Carson, Mr Paul Connolly, Mr John Denahy, Mr John Kellett, Mr Peter Kilduff, Mr Rod Osborne, Mr Brian Pearce, Mr Nicholas Rolfe, Dr Hugh Millar, Mr Brent Fisher
Section 50C (a) provides that the HRV RAD Board has jurisdiction to hear and determine appeals against decisions made by Stewards or the Controlling Body.
Under section 50J such appeal can only be heard if it relates to a suspension, disqualification or warning off or if it relates to a fine of more than $250 (i.e. $251+).
Should an aggrieved person be fined an amount of $250 or less, no right of appeal exists. Under section 50K of the Act that person may submit to the Racing Integrity Commissioner (RIC) in writing that the appeal should be heard. The RIC may direct the HRV RAD Board to hear and determine the matter if it is considered that it is in the public interest to do so.
• Serious Offence Charges
Under section 50C (b) of the Act, the HRV RAD Board has jurisdiction to hear and determine any charge issued by Stewards against a person in relation to any alleged breach of a rule defined as a serious offence. Serious offences generally relate to the more serious matters such as prohibited substance and misconduct offences. Serious offences are defined under the Victorian Local Rules available at: http://www.hrv.org.au/vic-industry/index.cfm/stewards/radb-rules/
TIME LIMIT FOR LODGING APPEALS
A written notice of appeal must be lodged on the prescribed form and submitted to the RAD Board Registrar by 5:00pm on the third day (calendar day) after the person receives notice of the decision, except that such time period cannot expire on a weekend or a public holiday and if it does the time period expires on the next business day.
STAY OF PROCEEDINGS
The HRV RAD Board may at its absolute discretion grant or refuse to grant a stay of proceedings in relation to an appeal. This would be dependent on the individual circumstances of a case.
An appellant or any other party to a proceeding may be represented by a legal practitioner. Should a person be unrepresented at a proceeding and the HRV RAD Board form a view that representation by an advocate (as opposed to a legal practitioner) would assist the conduct of the hearing, the Board may direct the person to consent to representation from a specified pool.
No deposit is applicable to an appeal before the HRV RAD Board, however an order with respect to costs may be made at the Board’s discretion.
Once initiated, an appeal can only be abandoned by leave of the HRV RAD Board. If leave to abandon is allowed it may be under terms and conditions determined at the discretion of the Board. This may include an order to pay administrative costs already incurred by HRV.
HRV RAD BOARD VENUES
All matters and appeals heard before the HRV RAD Board are by way of public hearing and are conducted at the offices of HRV, 400 Epsom Road, Flemington.
Georgie Gavin – RAD Board Registrar
Phone – (03) 9258 4260
Fax – (03) 9258 4848
Email – email@example.com
Notice of Appeal forms and all HRV RAD Board Rules can be obtained by contacting the Registrar or by downloading a copy online at http://www.hrv.org.au/vic-industry/index.cfm