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Offline Arsenal

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O.P. « 2019-Feb-09, 09:48 AM »
Racing minister concedes racing appeals process needs shake-up
Nathan Exelby, The Courier-Mail
February 8, 2019 5:56pm
Subscriber only
State Racing Minister Stirling Hinchliffe has conceded Queensland’s drawn-out appeal process needs to be more efficient and has flagged the possibility of a specialist racing arm within the Queensland Civil and Administrative Tribunal.

As the racing industry comes to grips with the fall of the biggest trainer in the country, with Darren Weir being charged and disqualified for four years in the space of a week, integrity in Queensland’s three racing codes continues to be undermined by a snail-like appeal system, that has cases unresolved dating back to 2016.

Queensland’s integrity system changed after the 2015 MacSporran inquiry into greyhound live baiting, which made recommendations that led to sweeping changes and the establishment of the Queensland Racing Integrity Commission (QRIC).

The changes included the disbanding of the old Racing Disciplinary Board (which was the first level of appeal) in favour of an internal review, after which appellants go to QCAT if they are unsuccessful.

Queensland racing minister Stirling Hinchliffe is open to creating a specialist racing arm within QCAT to hear appeals. Pictu AAP
The bigger number of cases being referred to QCAT has created a backlog, with 36 cases yet to be heard or determined by QCAT.

In all but a handful of those, appellants have been granted a stay of proceedings to continue training or riding until such time as the case is determined.

“The feedback I’m getting is that a lot of racing participants feel frustrated about the QCAT appeals process and the length of time it can take to determine cases,” Hinchliffe said.

“I want to see a more efficient appeals process and am certainly open to the idea of creating a specialist racing stream within QCAT to hear racing-related appeals. This would not only improve decision-making, but it could also pave the way for more timely decisions.

“Ultimately any changes to QCAT are a matter for the Attorney-General but I’ll work with the A-G towards a racing appeals system that delivers increased certainty for all participants.”

Trainer Ben Currie is training under a stay of proceedings. Pictu AAP
The highest-profile case in Queensland is that of Ben Currie and his father Mark, emanating from an investigation into Currie’s Toowoomba stables on April 7.

Mark Currie was found guilty by stewards and disqualified for two years in May.

He was granted a stay soon after. His appeal to QCAT has been scheduled for May 16 and 17.

Ben Currie, who is seeking a Supreme Court judicial review, which means his cases are yet to be heard by stewards, is facing 28 charges and an additional inquiry into four swab irregularities, two of which relate to horses that have raced while he was training on a stay of proceedings.

Currie was stood down by stewards in June under AR50 that his nominations or acceptances would not be received, but was granted an immediate stay by QCAT.

ENDS

Let's hope Hinchy makes some progress with The Hon. Trad  QCAT has a list of specific panels rental disputes to occupational and regulatory panels it would be a simple matter on the face of it to separate Racing appeal issues from the Occupational regulation panel where it presently sits and create a racing panel with appropriate and experienced persons.......previously QRIC boss Ross Barnett is on record as stating if asnyone has a better idea to improve the present system they should make their proposals to guvment ...that's my recollection of what he said on RadioTAB a month or two ago ...meanwhile Crash Craddock usually a voice of reason weighs in on the Darren Weir affair and concludes with the Ben Currie case which is awaiting determination in the Supreme Court.

The QCAT structure and the Occupational regulation panel.

https://www.qcat.qld.gov.au/about-qcat/organisational-structure

Occupational regulation
Disciplinary proceedings and licencing decisions for architects, building personnel, health practitioners, introduction agents, legal practitioners, motor dealers, nursing practitioners, plumbers and drainers, prescribed persons who are public servants or police officers, professional engineers, property agents, racing personnel, second-hand dealers and pawnbrokers, security providers, surveyors, tattooists and tattoo business operators, teachers, tour operators, travel agents, valuers and veterinary surgeons.



Giddy Up :beer:
« Last Edit: 2019-Feb-09, 09:57 AM by Arsenal »

Offline Arsenal

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« 2019-Feb-21, 08:03 PM Reply #1 »
I wonder if Nathan knows the names of the 36 licensed persons mostly operating on a stay of proceedings and the respective dates of their applications...if so he would be doing us a favour if he committed the names to print.......according to his report posted above one case goes back to 2016 ....in an effort to obtain the details of the outstanding cases I emailed QRIC with a request they provide the names of those involved ........to which  I received a terse reply that I should direct my query to QCAT as they are responsible for determining stays of proceedings.....so that's what I have done and have made some progress although not yet in posession of the names awaiting decision.

A search of the QCAT website reveals Racing comes under the Occupational regulation panel which deals with a large number of professions, trades and businesses, including racing ...... the occupations range from Architects to plumbers & drainers....a very diverse group..... according to QCAT the expected time for a hearing under this panel is 37 weeks ..on querying the 2016 case I was told this would have gone through several hearings in other words it hasn't sat in the too hard basket since 2016...still 36 outstanding cases on stays of proceedings and or awaiting hearing is evidence the system isn't working.

To file an application for a stay of proceedings there's a fee of $338.20..... the QCAT person I've spoken to told me that once the Internal review is completed the stay of proceedings is vacated unless the licensee decides to file an application for QCAT to review that decision for which a fee of $676.40 is payable ...that being so it's logical to think that those still on a stay have filed for a QCAT review....you would think that someone getting a few days suspension wouldn't  bother to go further than the stay of proceedings by appealling to  QCAT after losing at an internal review .....so the outstanding 36 cases must involve serious matters ....and it appears while QCAT has a long list of persons appointed to deal with all the issues that come before the tribunals only some are qualified to hear disciplinary matters.

Still we are no wiser and failing the receipt of further and better particulars there's the option of using the Right to Information process by which both QRIC and QCAT are bound.

In the meantime Racing Minister Stirling Hinchcliffe is said to be working behind the scenes to find a lasting solution to this problem.

Giddy Up :beer:



 

Offline Peter Mair

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« 2019-Feb-21, 08:52 PM Reply #2 »



......never forget that Qld is a very different place -- bucking authority is not on

Offline Arsenal

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« 2019-Feb-24, 08:47 AM Reply #3 »
Appeals system is well beyond a joke

From Nathan Exelby's column in the Sunday Mail


THERE was a line at Thursday’s stay of proceedings hearing for trainer Ben Currie that summed up the absurdity of Queensland racing’s appeals system.

“What’s Racing Queensland?”

The question was asked by QCAT member Robert Olding during a discussion on who the relevant principal racing authority was in Queensland (as it transpires, Racing Queensland and QRIC both act in the capacity of PRA, depending if the matter involves integrity or racing).

It is through no fault of Olding that he would not know who or what Racing Queensland is.

QCAT was not set up to deal with racing matters.

But the fact the person making a key decision in such a case would not be aware of what RQ is should have alarm bells ringing in the halls of government.

If nothing else, the long saga of Currie may at least lead to muchneeded change.

Racing Queensland chief executive Brendan Parnell welcomed recent comments by Racing Minister Stirling Hinchliffe stating government is looking at changes.

“The system needs to be fixed. It’s not working and it leads to reputational damage for racing,” Parnell said. “We look forward to the government fast-tracking potential solutions.”

DESKTOP REVIEW

CURRIE’S legal representative Jim Murdoch QC gave a frank assessment of Queensland’s Internal Review system during Thursday’s stay of proceedings hearing.

Murdoch described the internal review as a “desktop review”.

“It’s not a full and fair hearing,” he said. “It’s a process which has its limitations.”

ENDS

I'm on the job trying to get information from QRIC on the number of outstanding cases awaiting hearing in QCAT  it's like the experience of the old Jewish guy praying at the Wailing Wall when asked about it he said "Its like talking to a brick wall" ......but I'm hopeful of making progress with QCAT who so far have been more cooperative.
 
Giddy Up :beer:


Offline Peter Mair

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« 2019-Feb-24, 09:56 PM Reply #4 »


Lest we forget -- Queensland put  Pauline Hanson in jail -- and a senior public servant 'prosecutor'.

............mere boys in the racing trade can expect no mercy.

Offline gunbower

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« 2019-Feb-24, 11:00 PM Reply #5 »
At least Queensland put her in jail. Now she has to be tolerated in the Senate. The original call was of great foresight.

Offline PoisonPen7

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« 2019-Feb-24, 11:57 PM Reply #6 »
Appeals system is well beyond a joke

From Nathan Exelby's column in the Sunday Mail


THERE was a line at Thursday’s stay of proceedings hearing for trainer Ben Currie that summed up the absurdity of Queensland racing’s appeals system.

“What’s Racing Queensland?”

The question was asked by QCAT member Robert Olding during a discussion on who the relevant principal racing authority was in Queensland (as it transpires, Racing Queensland and QRIC both act in the capacity of PRA, depending if the matter involves integrity or racing).

It is through no fault of Olding that he would not know who or what Racing Queensland is.

QCAT was not set up to deal with racing matters.

But the fact the person making a key decision in such a case would not be aware of what RQ is should have alarm bells ringing in the halls of government.

If nothing else, the long saga of Currie may at least lead to muchneeded change.

Racing Queensland chief executive Brendan Parnell welcomed recent comments by Racing Minister Stirling Hinchliffe stating government is looking at changes.

“The system needs to be fixed. It’s not working and it leads to reputational damage for racing,” Parnell said. “We look forward to the government fast-tracking potential solutions.”

DESKTOP REVIEW

CURRIE’S legal representative Jim Murdoch QC gave a frank assessment of Queensland’s Internal Review system during Thursday’s stay of proceedings hearing.

Murdoch described the internal review as a “desktop review”.

“It’s not a full and fair hearing,” he said. “It’s a process which has its limitations.”

ENDS

I'm on the job trying to get information from QRIC on the number of outstanding cases awaiting hearing in QCAT  it's like the experience of the old Jewish guy praying at the Wailing Wall when asked about it he said "Its like talking to a brick wall" ......but I'm hopeful of making progress with QCAT who so far have been more cooperative.
 
Giddy Up :beer:


Pardon my cynicism Arsenal, but:

i) Who benefits monetarily out of a complex appeals system and
ii) Who advised on setting up this system?

Going on the rapid way that the Darren Weir case was dealt with, I think the Victorians have only recently woken up to this one  ;)

Online sobig

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« 2019-Feb-25, 02:00 PM Reply #7 »
To be fair PP the Weir case was only settled that quickly because he pleaded guilty (or no plea).

Look how long other cases have taken as a fair comparison.


Offline Arsenal

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« 2019-Feb-25, 07:32 PM Reply #8 »
The system in Victoria is a lot different to other States ..RV stewards charge licensees with alleged breaches and the RAD Board decides penalties..there is further appeal to VCAT.
Simple infringements are dealt with expeditiously by the RAD board  but serious charges take a lot of time from my observations.

I don't know if VCAT is any more efficient and or timely than QCAT.


Giddy Up :beer:




 
« Last Edit: 2019-Feb-25, 07:35 PM by Arsenal »

Offline Peter Mair

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« 2019-Feb-25, 08:12 PM Reply #9 »


Does gunbower come from Queensland?

At least Queensland put her in jail. Now she has to be tolerated in the Senate. The original call was of great foresight.

                 .......     it is a crooked state.

Offline Peter Mair

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« 2019-Feb-25, 09:41 PM Reply #10 »


Simply too hot

........ I suspect the 'gunner' is from the too-much sunshine state.............. he surely deserves to be transported there.

Offline gunbower

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« 2019-Feb-25, 10:20 PM Reply #11 »
Actually the resemblance between Mair and Hanson is uncanny. I always thought she was as thick as the proverbial two bricks ; and then I read Mair's thoughts on this forum. A split match between them.

Offline Arsenal

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« 2019-Feb-27, 09:24 AM Reply #12 »
How does the   VCAT system compare to QCAT .....do VCAT dispose of racing appeal  more quickly than QCAT.... and how to make a fair comparison...... both bodies deal with racing appeals amongst a myriad of other trades and professions.....VCAT appears to have a more limited list in the Review and Regulation portfolio than the 22 taking up space in the Occupation regime under QCAT.

 In recent years the cobalt cases against Mark Kavanagh & Danny O'Brien in Victoria have had  the most public exposure ...their cases were both long and complex  with extensive media coverage......defending their reputations  has cost each of the trainers considerable six figure amounts in legal & hearing costs which as far as I know weren't recouped......it's well known that certain of their horses were found to be positive to cobalt in 2014 ...... charges were brought in June 2015...the RAD board handed down penalties in November 2015......the trainers appealed to VCAT which set aside the penalties in March 2017.....RV appealed to the Supreme Court which by majority dismissed the appeal but found the charge of presentation proved.. both cases were  returned  to VCAT to determine penalties.... that  matter was heard in late January 2018 and a decision was handed down around one month later 27 Feb 2018.....both trainers were fined significant amounts O’Brien’s fine was  heavier than Kavanagh’s due to him having more positive cases.... VCAT acted promptly in finalising this long running case.

Then there's the Aquanita case which is still going .....Tony Vasil got 3 years on the outer & Liam Birchley one year from the RAD Board...both appealed to VCAT following the RAD board decision in early May 2018.... Birchley is training on a stay in QLD but Racing NSW has barred him..... Vasil’s counsel has complained that others caught up in the text messages crucial to the investigation  haven't been charged...RV has not responded as far as I know.

It has also been reported that RV is appealing Birchley's sentence ...and that Smerdon who didn't bother appearing at the RAD Board hearing although it was reported he was legally represented ....was given life and fined $90K..... he has since filed an appeal also possibly Stuart Webb....but there's no progress reported on any of those cases having been set down for hearing at VCAT.

More recently there's the Darren Weir case who was charged after a lengthy investigation.... those charges were not contested so  his matter was dealt with quickly by the RAD board which  gave him 4 years there's been no report of any appeal  to VCAT..... Jarred McLean charged at the same time as Weir has not had his case determined ...it was reported  that he claims to be not guilty and intends to defend the charges....the RAD Board hasn't set a date for hearing.

Inquiries made to VCAT reveal that when an appeal is filed a Directions hearing is scheduled usually with 5 weeks and that the hearing will usually take place within 8 to 12 weeks .....  or when all parties are ready ....... in December 2018 The RAD board dealt with a greyhound trainer  failing  to follow directions in a cruelty case he was DQ’d for 6 months and fined $1000 his appeal to VCAT is listed for Wednesday this week 27 February today.....no undue delay here.

While there's no comparable cases in QLD to those referred to in Victoria .....it has been reported in the media  that there are 36  cases awaiting hearing at QCAT evidently  there's a considerable delay in this jurisdiction...... the existing record shows QCAT decisions on racing issues are often delivered months after the hearing takes place .
Taking a couple of random samples ....ultimately decided in favour of the licensees ....  one  was penalised by stewards for a minor infraction in June 2017 ....his case was not heard at QCAT until  February 2018 .....it was another 3 months before the decision was delivered  in May 2017.

In another relatively simple case stewards imposed  the penalty in October 2015 on a licence holder.....after an unsuccessful appeal to the then QRDB in late November 2015 ....the licensee took his case to QCAT....  the hearing was in late June 2016 but the decision setting aside the QRDB decision  wasn't  handed down for another 6 months in December 2016.

It is possible that some of the 36 cases presently said to be backlogged may have been heard but the decisions have not yet been handed down.....that's only an assumption based on the time gap between hearings and decisions referenced above....  this could be due to any number of factors ....... the time involved in considering detailed submissions and extensive research before arriving at a decision.... pressure of work  ..most panel members appear to be part time appointments..there could be  transcription delays...limited staff possibly they use Auscript... or maybe other factors such as system failure.

QCAT is willing to provide information on specific cases but their requirement  to name both parties in the matter is the problem  ......telling them QRIC is involved isn't enough  they require search applications  to provide the names of both parties to the matter ......any interested person  who knows the name/s of the other  party or parties other than QRIC wouldn't need to apply to QCAT.

It appears from preliminary inquiries that obtaining information on cases filed  at VCAT isn't available to other than the parties involved so no point asking what's the story is on the Aquanita cases delay...... RV may be more accommodating ......so while QCAT is ahead of VCAT on providing information......the application process is unnecessarily burdensome....only knowing one name won't get you to the mounting yard let alone the barrier stalls.

Over recent times some QLD  licence holders have expressed frustration at the time, cost and the appeals system itself.... while members have voiced their concerns the Industry organizations from the three codes  who are supposed to represent them have strangely remained silent.

Maybe it's about time they got together and presented a viable case to Minister Hinchcliffe  to change the system possibly dispensing with the Internal Review would be a starting point ...although to its credit this is a no cost system with specified time limits.... but it it's simply a table review as Jim Murdoch QC said....not a hearing with appearances and face to face argument.

One case recently reported in the media is about a licence holder who incurred a minor suspension after seeking internal review he had the decision overturned on appeal at QCAT .....he said this cost him around $10K in legals...QCAT generally doesn't award costs...apart from the application fees it's a no cost system...but there are two cases involving harness racing trainer/drivers who succeeded on appeal at QCAT ...both subsequently filed for a costs order against QRIC representing themselves ...one was successful getting part of what he claimed the other one had his application rejected.

It is evident that from information publicly available on Internal Reviews where serious penalties were involved these would likely  be on QCAT's waiting list....so on what grounds would QRIC refuse a reasonable request to provide details if all or any of those persons are operating on a stay of proceedings.
You would think that QRIC when asked could readily produce a list of licensees who are training, driving or riding on a stay of proceedings awaiting hearing of their appeals.......publication of which would comply with their stated obligations of transparency and accountability which they claim to be bound by.

More to come.

Giddy Up :beer:

 

Offline Arsenal

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« 2019-Feb-28, 10:45 AM Reply #13 »
The QLD parliament sits again today and will reassemble again in March.

On the 12th Feb the LNP opposition member for Racing John-Paul Langbroek  asked a question of Racing Minister Hinchcliffe about theRacing Industry on the delays in QCAT compared to theDarren Weir case ...below is the Hansard report:-

Racing Queensland
Mr LANGBROEK: My question without notice is to the Minister for Local Government, Minister for Racing and Minister for Multicultural Affairs. Will the minister advise the House why Victoria can deal with the Darren Weir matter within a week whereas Racing Queensland has 36 cases at QCAT, some nearly a year old, still to be heard?

 Mr HINCHLIFFE: I thank the member for Surfers Paradise for his question in relation to the racing industry in Queensland. I am very aware that Racing Victoria is investigating Victorian horse trainer Darren Weir and that the Racing Appeals and Disciplinary— Mr Watts: It’s done.

 Mr HINCHLIFFE: There are still investigations in hand, I can assure the member. The Racing Appeals and Disciplinary Board has disqualified the trainer for four years for four breaches of the Australian Rules of Racing. I am advised that Mr Weir has not nominated any horse in a race in Queensland since 12 January 2019 and there are no current nominations—
Mr Mander: That’s not the question.

Mr HINCHLIFFE: I am providing some context. I thank the member for Everton for his advice; it is so useful on so many other occasions.
As I was saying, there are no current nominations to race in Queensland and there is no evidence indicating any association or connection with Queensland at this time. However, I can assure the House that the Queensland Racing Integrity Commission will continue to monitor the situation closely. I can say in relation to the situation regarding Mr Weir that, under Australian Rules of Racing AR7(iii)(f), stewards have the powers ‘to confirm, adopt or enforce any penalty imposed upon any person by the Committee or Stewards of any Club in the Commonwealth’.

Those avenues are open to be pursued in relation to instances that have been referenced by the member for Surfers Paradise. The member for Surfers Paradise makes some broader reference to the circumstances of racing integrity here in Queensland and its management.

The Palaszczuk government has established a fantastic regime in relation to racing integrity in this state by the separation of the racing integrity task from the racing promotion task and the establishment of the Queensland Racing Integrity Commission. I commend my predecessor ministers on that action and on the certainty and good quality of racing integrity that is delivered to the state. I am equally aware of the concerns that some people in the industry have about the way in which it could appear that some people in the industry might use the appeal mechanisms that are available under that regime to game the system. I can assure the shadow minister and all— (Time expired) "


Then during this week's sittings the Hon member didn't follow up by asking the Hon. Hinchcliffe to table the list of cases awaiting determination or on stays of proceedings but he did make a statement once again on the Racing Industry....so here's the transcript with the video link shown in full.

Racing Industry Mr LANGBROEK (Surfers Paradise—LNP) (2.25 pm):
There is no doubt that in Queensland we have what it takes to have a thriving racing industry—an industry that involves over 40,000 people statewide, injects $1.2 billion into Queensland’s economy and has a profound impact on regional communities throughout our state. It is concerning that the industry is under threat from Labor on two fronts—integrity and tax.
 We have had unprecedented strikes on Cox Plate day, with further strikes threatened for Melbourne Cup day last year. According to the government’s own projections, they are looking to raise $367 million from a consumption tax, but we are very concerned that those projections will not be reached if integrity matters cannot be resolved.

Delays in QCAT hearing Racing Queensland integrity matters have dragged on for nearly a year. In Victoria matters relating to Darren Weir were heard within a week whereas Queensland Racing has 36 matters—some nearly a year old—before QCAT still waiting to be heard. Justice delayed is justice denied. Nothing is more important in racing than the integrity of our participants. Nothing illustrates the inaction of the do-nothing, go-slow Palaszczuk Labor government better than the turgid processes of dealing with racing integrity issues. This has seen more than 36 cases idling before the Queensland Civil and Administrative Tribunal, QCAT, for more than a year.

Last sitting week the minister put up a straw man defence about Victorian trainer Darren Weir which has nothing do with the specific Queensland cases. The minister has demonstrated no urgency in fixing the situation. Whilst Labor fiddles, Rome burns. Racing Queensland and its stakeholders who include honest and law-abiding owners, trainers and punters know that if the integrity issues are not dealt with post haste, the money invested in racing will go elsewhere. This would be due to the integrity issues not being dealt with quickly.
 I note from the government’s own projections in Budget Paper No. 2 Strategy and Outlook at page 57 that they are looking to raise $367 million over the next four years. The Queensland Civil and Administrative Tribunal—Labor’s current tribunal mechanism—was not set up to deal with racing matters, as was evidenced by a presiding QCAT member not even knowing who or what Racing Queensland is at a recent hearing.
I quote from an article in the Sunday Mail by Nathan Exelby which reads— There was a line at Thursday’s stay of proceedings hearing for trainer Ben Currie that summed up the absurdity of Queensland racing’s appeals system. The presiding member of QCAT asked, ‘What is Racing Queensland?’ The article goes on to read— It is through no fault of (the member) that he would not know who or what Racing Queensland is ... QCAT was not set up to deal with racing matters. Journalist Nathan Exelby wrote about the level of angst caused by the Currie case. He said— Regardless of where you sit in the Currie argument—for or against the Toowoomba trainer—the fact remains he has now been stood down twice by QRIC— 26 Feb 2019 Matters of Public Interest 359 the Queensland Racing Integrity Commission— and twice secured a stay of proceedings within the next 72 hours.
It’s created the perception that the very body set up by the State Government to uphold the integrity of the industry doesn’t have the power to fulfil its charter. I table a copy of that article from the Sunday Mail yesterday.
Tabled paper: Article from the Courier-Mail, dated 25 February 2019, titled ‘Long-running case highlights need to fix ‘broken’ integrity system’. This trainer was permitted to have horses race two weekends ago despite facing serious allegations of animal cruelty. These allegations are disturbing and serious. It begs the question: why does Queensland racing integrity have a lower threshold for alleged animal cruelty than Victorian? Trainers across Queensland have made it clear they are not satisfied with the explanation provided by the Racing Integrity Commission.
The Palaszczuk Labor government must provide an explanation to Queenslanders. As I have mentioned, the questions about integrity may lead to less revenue from betting already impacted by the point of consumption tax, which is amongst the highest in the country. There is still no guarantee from the government that a sufficient percentage of the revenue will be reinvested in the industry.
Queensland’s racing industry is losing its edge over other states under Labor. I table a copy of an article by Peter Gleeson, ‘Better racing bets south of the border’. Tabled paper: Article from the Courier-Mail, dated 29 January 2019, titled ‘Better racing bets south of the border’. He makes the point in that article, ‘In NSW, the POC tax is eight percent and in Victoria ten percent.’ The point of consumption tax here in Queensland is higher than in other states. What that means for Queensland is that corporate bookies are directing their resources, marketing and employee numbers to New South Wales and Victoria. He states— My understanding is that Ladbrokes is seriously questioning whether it needs its Queensland Headquarters, which employs 60 people. What we have learnt since 2015 is that Labor has no plan to sustain this vital industry.
 
http://tv.parliament.qld.gov.au/?reference=0Mba20190226_142502

ENDS

Having followed as many QCAT decisions involving Racing I know  QCATmember Oldham has heard a number of racing cases before I have no doubt he's not ignorant of who Racing Qld is ..possibly he asked the question to have the answer on the record there's no basis to assume he's a greenhorn who knows nothing about racing.

As a matter of interest theQCAT legislation is listed on today's Notice Paper but a quick browse doesn't suggest there's anything likely to involve Racing.


Giddy Up :beer:


Offline Peter Mair

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« 2019-Feb-28, 06:50 PM Reply #14 »

Stop laughing, this is serious

Human rights one day …

“In enacting this Act, the Parliament of Queensland recognises –
1 The inherent dignity and worth of all human beings.
2 The equal and inalienable human rights of all human beings.
3 Human rights are essential in a democratic and inclusive
society that respects the rule of law.”

QUEENSLAND HUMAN RIGHTS BILL 2018

The Queensland Human Rights Bill 2018 passed through parliament yesterday, making Queensland the third Australian jurisdiction with a human rights act or charter.


Offline Arsenal

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« 2019-Mar-03, 02:42 PM Reply #15 »
Reading the Hon Martin Daubney's Annual Report on QCAT activities for the most recent reporting period .....several things are evident ...the tribunal members have not had a pay increase since 2009 when the tribunal was established ...there are considerable delays in hearing and determining matters.....the occupational regulation panel under which Racing sits has 240 outstanding cases as at 30th June 2018...... As at 30 June 2018, QCAT had 172 outstanding reserved decisions, which is 65 more than at June 2017.

Of these decisions, 99 were older than 90 days and 70 were older than 180 days. Of the 172 reserved decisions, 18 were in the minor civil dispute (MCD) jurisdiction, of which 15 were more than 90 days old. The case management function falls to the President.......it appears there are flaws in the system as cases going back to 2015 are still awaiting hearing  yet more recent cases involving similar issues have been heard and determined.

As has been reported previously by Nathan Exelby in the local bugle there are 36 cases in the racing industry still in limbo at QCAT....today in the  SM he refers to one harness racing case  which named Darrell Graham that goes back to 2016.....it's evident that from reported decisions on the Supreme Court Library site  that whatever case management process QCAT has........ it's not setting cases down for hearing in date of application order.

Darrell Graham has had two cases decided at QCAT one a costs order on which he was successful in June 2018..... the other a discovery application relating to the primary case  wasn't successful it was heard in March 2017 and decision handed down in April 2017  ....but Darrell along with the rest of the so far unidentified licensees is still awaiting justice.

Also I stand corrected in stating that QCAT requires anyone making a right to information application needs to provide the names of both parties...... that was a misunderstanding on my part....... applications under Right To Information only require one name for information to be provided ...but seeing that there's no discrete list of racing industry matters they are all lumped together under the Occupational Regulation portfolio and there were 240 of them as at 30th June 2018 obviously a better system of record management would lead to a significant increase in efficiency.

QCAT Annual Report with relevant extracts follows :-

https://www.qcat.qld.gov.au/__data/assets/pdf_file/0010/589132/qcat-2017-18-annual-report-attachment-1.pdf

Hon Justice Martin Daubney AM

"Members As at 30 June 2018, the decision-making cohort of QCAT comprised: • two presidential members • one supplementary judicial member • four senior members • six full-time members • five part-time members • 71 sessional members • two full-time adjudicators • six part-time adjudicators • 72 justices of the peace (JP). Details are contained in Appendix 1.
Administrative workforce QCAT’s administrative workforce comprises: • the Executive Director • the Principal Registrar • 117 permanent registry positions. Senior officer details are contained in Appendix 1.

"QCAT has the jurisdiction to review administrative decisions made under about 180 different pieces of State legislation, including decisions made about blue cards, weapons licenses, liquor licenses, and animal care. It is also the appeal tribunal for challenges against decisions by numerous statutory bodies, ranging from Right to Information applications to Racing Integrity matters. These are disputes which are difficult, if not impossible, to value in dollar amounts. But each involves a crucial function in our civilized society — the proper ordination of relations between a citizen and the State. This is not some accidental or incidental by-product of QCAT’s jurisdictions. Amongst the objects articulated in the legislation which establishes QCAT are enhancement of the quality and consistency of decisions made by government decision makers and enhancement of the openness and accountability of public administration. This report does not reveal the substantial monetary value of many of the matters


"A reader of this report may be shocked to learn that there has been no increase in the remuneration rates paid to QCAT’s sessional members since the tribunal was established in 2009. QCAT depends so heavily on its sessional members in Brisbane and across the regions of Queensland that the tribunal would literally collapse without their services. But their remuneration has remained completely static. They have not even had CPI increases. The pay rates for QCAT sessional members are now close to half those rates paid to members of comparable bodies such as the Mental Health Review Tribunal."


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Offline Arsenal

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« 2019-Mar-03, 10:05 PM Reply #16 »
While it appears there's widespread consensus that the current appeals process needs reform ......IMO coming up with a workable system to replace the current system isn't as easy as it sounds ..in the past there was a First Level Appeals  ...possibly somewhat akin to the current Internal Review  ...after the first Level an appeal could progress  to the Racing Disciplinary Board .....this was when control vested in the Qld All Codes Racing Industry Board.......As everybody knows following the Mac Sporran Review that body was rebranded as Racing Queensland which in 2016 lost the integrity function to the newly created QRIC....which established the Internal Review.

Under the discarded system ....appeals either by licensees or the QACRIB against decisions of the RDB were to QCAT...so simply taking Racing out of QCAT and giving it a separate identity will necessarily still involve a further right of appeal to QCAT whose function is to oversight and where necessary correct ,confirm or amend decisions by various disciplinary bodies .........as well as hearing numerous other matters on all sorts of issues across society.

In this scenario of establishing a separate Racing Appeal Board we'll be back where we are now......confronted with long delays at QCAT which according to the President needs more resources...unless QCAT set dates for hearing in order of filing and time limits for decisions the result will be as unsatisfactory as it is at present with licensees on indefinate stays of proceedings some going as far back as 2015/2016.

The representative bodies for industry participants Owners, Trainers ATA, BOTRA and the Greyhounds Assn haven't commented  publicly on this issue as far as I know...be interesting to hear and see some action from them and to come up with some ideas for a workable and more efficient system. ...food for thought.

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« 2019-Mar-26, 09:35 AM Reply #17 »
The Parliament sits today at 9.30 am and amongst the business listed on the Notice paper is the QCAT legislation ...from a quick perusal it appears mainly to deal with tenancy disputes and lemon laws ........you never know the recent publicity about the problems long delays in dealing with racing appeals might result in some improvements...this extract may be relevant as it mentions "stay orders"

https://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2018/5618T1914.pdf

Achievement of policy objectives
The Bill achieves its policy objectives in the following ways.
To improve the operational efficiency of QCAT to better achieve the objects of the QCAT
Act, the Bill:
• provides that QCAT’s tenancy jurisdiction is limited to claims of not more than $25,000;
• changes the scope, timing and operation of stay orders, including:
o allowing QCAT to stay the operation of part of a reviewable decision;
o allowing QCAT to impose conditions on a stay order; and
o broadening the circumstances in which QCAT can grant a stay to include cases
where a person applies to:
o re-open a proceeding;
o have a decision set aside; and
o have a decision amended by default;
• allows the principal registrar to issue notices to a party to attend a hearing or proceeding,
or to require a person to produce a stated document or thing to QCAT;
• provides that QCAT may remove a party to a proceeding if QCAT considers that the
party’s interests are not, or are no longer, affected by the proceeding, or the party is not a
proper or necessary party to proceedings;
• permits QCAT (including the appeal tribunal) to reinstate proceedings dismissed in error;
• allows the Minister to appoint members and others to a pool of persons who can act as
senior members of QCAT from time to time. The president will then be able to select from
that pool a person to act as senior member to fill any temporary senior member vacancy as
necessary;
• clarifies that an adjudicator sitting alone can constitute QCAT;
• providesthe appeal tribunal with discretion to remit all matters (including where the appeal
is on a question of fact or mixed law and fact) back to the tribunal; and
• provides a legislative framework to enable QCAT to undertake conciliation.
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Offline Peter Mair

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« 2019-Mar-26, 10:44 AM Reply #18 »

Inclined to be authoritaran

.......... and abusing the process drives the message home.


---------- Queensland is Queensland ----------- a very different culture to the southern states.

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« 2019-Mar-26, 04:08 PM Reply #19 »
Inclined to be authoritaran

.......... and abusing the process drives the message home.


---------- Queensland is Queensland ----------- a very different culture to the southern states.

A much better place to live :beer:

Offline Peter Mair

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« 2019-Mar-26, 06:48 PM Reply #20 »

Home is always home,

....... my expectation is that an in-depth assessment of the dominant culture in Queensland -- relative to Melbourne and Sydney -- would show sharper distinctions than between the UK, France and Germany.

The record in Queensland on 'constrained civil liberties' and 'ingrained corruption'  tells a story.

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« 2019-Mar-27, 01:06 PM Reply #21 »
QCAT daily proceedings list for yesterday has a number of QRIC licensees cases listed .....George Sitek was set down for a compulsory conference in the morning ..while Stephen Lee...Kelly Doughty and Matthew McGillvray were all listed separately to attend a compulsory conference in the afternoon.

A decision in the long running Trista Dixon case has been published ..... the hearing previously dealt with jurisdictional issues has been settled so that a hearing on the substance of the charge can be heard...remarkably this case arose in December 2017 went to an Internal Review on 18 Jan 2018 and the current decision handed down on 18 March 2019 having been reserved since the hearing date of 15 Nov 2018........the wheels of justice moved slowly very slowly ..a effective case management system appears to be absent.

 https://archive.sclqld.org.au/qjudgment/2019/QCAT19-058.pdf

Robert Olding's decision on the stay of proceedings sought by Ben Currie was delivered in a much improved time frame.

https://archive.sclqld.org.au/qjudgment/2019/QCAT19-051.pdf

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« 2019-Apr-02, 09:24 AM Reply #22 »
QCAT has a number of racing issues set down for today three are simply directions hearings Les Kelly and his stablehand Bill Xanthopoulos over a raceday medication charge under AR175(k) Kelly fined $5K $3K of which suspended the stablehand got 6 months allegedly medicated the horse without Kelly's knowledge or consent...this matter arose on 5Nov 2018 went to internal review on 12 December 2018 and is listed reasonably promptly for today.... the other one for directions is William Bruce Elson possibly a dishlicker case.
 
The most interesting one is QRIC appealing to the QCAT Tribunal over an earlier QCAT decision on Rachel Leigh Scott details of which are in the following link.

Only applicants disastisfied at Internal Review have right of appeal to QCAT ....QRIC doesn't but it does have right of appeal to the QCAT Tribunal against decisions by QCAT confusing isn't it.

Queensland Racing Integrity Commission v Rachel Leigh Scott APL260-18 Tribunal Hearing 02/04/2019 9:30 AM Hearing Room 6, 259 Queen St, Brisbane.


https://archive.sclqld.org.au/qjudgment/2018/QCAT18-301.pdf


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« 2019-Apr-02, 11:59 AM Reply #23 »
Langbroek on front foot over trots debacle and racing charges
ROBERT CRADDOCK

A PHOTO of a haphazard start to an Albion Park harness race will be tabled in Queensland Parliament today to spotlight one of many bushfires blazing in the local racing industry.

With local mobile barriers deemed non-compliant after an investigation which followed driver Gary Whitaker and his daughter being struck by the mobile arms at Redcliffe last week, walk-up starts have been temporarily introduced at Albion Park.

Instead of following the mobile barrier, the horses are meant to use the galloping clerk of the course as a guide without getting ahead of it.

LNP shadow treasurer John-Paul Langbroek has photos of several races from Albion Park on Friday, including a race won by Signorina Jujon, where some horses were well ahead of the clerk of the course and others wider were left behind in the early scramble.

It is believed the refitted and now compliant mobile will be back in action at Albion Park today but the embarrassment lingers.

The mobile issue is one of several matters of major concern in the industry.

Last week in Rockhampton, stewards permitted the wrong horse to race when trainer Juliann Lancaster accidentally mixed up her horses, and this week the hearing of more than 20 charges against Toowoomba trainer Ben Currie will take place as the protracted saga rolls on.

Currie’s stables were raided on the morning of Toowomba’s famous horse race, The Weetwood Handicap, last year.

Next week will be the one year anniversary of the raid but the matter remains unresolved.

Mr Langbroek is today set to speak out against the Labor Party-introduced Queensland Racing Integrity Commission, claiming most QRIC charges “do not stick”.

Langbroek said QRIC won five of 21 cases resolved by QCAT in 2017-18 and harness racing participants often found themselves the centre of major headlines when charged but their acquittals gained very little publicity.

“People have been tossed out of harness racing when they were charged,’’ Langbroek said in his first address to Parliament on the matter last week. “Their names were blackened, their lives tipped upside down, their relationships tested, their income streams and livelihoods ripped from them time and time again based on what we know now were flimsy, vexatious charges but charges anyway – more ticks and flicks for QRIC.’’

Langbroek said Leanard Cain, Dayl March, Matthew Neilsen, Vicky Rasmussen and Shane Graham had all had charges against them dropped.

“The three racing codes need an integrity body, but it has to be just, reasonable and responsible and charge wrongdoers only when evidence points to that.”

ENDS

The race referred to won by Signorina Jujon was delayed due to two false starts eventually being declared a race at the third attempt without the mobile I think they made the best of it not ideal but better than no racing or standing starts.

Up to the end of Question time Mr Langbroek didn't get the chance to tip the bucket on QRIC  his remarks from last week were repeated today in the CM column by Peter Gleeson which follows:-

QRIC’s poor track record  Peter Gleeson
THE State Opposition has pulled no punches on the performance of the Queensland Racing Integrity Commission.
Opposition Racing spokesman John-Paul Langbroek has told State Parliament that racing’s integrity is being compromised by QRIC and the Labor Party to the detriment of the three racing codes, suggesting it would be dismantled under a Frecklington government.
Langbroek said despite “working in tandem with the CCC, Racing Queensland, the Queensland Racing Crime Squad, Crime Stoppers, phone intercepts and a conga line of internal and external solicitors, as well as through the use of coercive hearings and search warrants, QRIC cannot get it right’’.
“ Do not be fooled by QRIC’s propaganda about how many people have been charged because most charges by QRIC do not stick,’’ he said.
“QCAT resolved 21 cases in 2017-18. QRIC won five at QCAT – five out of 21. The public face for the Labor Party’s Racing Integrity Commission holds press conferences and publishes media releases about charges QRIC makes, but it seems that is all they are – charges, dropped before or at prima facie level or even at trial.’’
Langbroek singled out harness racing.
“People have been tossed out of harness racing when they were charged, their names were blackened, their lives tipped upside down, their relationships tested, their income streams and livelihoods ripped from them time and time again based on what we know now were flimsy, vexatious charges but charges anyway – more ticks and flicks for QRIC,’’ he said.
Langbroek referred to 19-year-old Leonard Cain, charged with match fixing
– or race fixing. “The charges were beaten in court, but the charges alone prevented this young man from driving in the US,’’ he said. “Daryl March – another race fixing charge and another charge beaten in court. Matthew Neilson – race fixing, charges dropped. There is a common thread here.
“Then there was Shane Graham, fraud charges dropped, and Vicki Rasmussen, fraud charges dropped. All of these licensees had their names published on QRIC’s website at the time of these charges, but their dismissal of charges had never been denoted on that site. So much for QRIC’s statement of fairness and transparency.’’
Racing Minister Stirling Hinchliffe had nothing to say in reply.
Still no word on a new dog track for southeast Queensland.
Never forget these stats when considering racing in Queensland. QRIC’s budget last year was $26.4 million. From the 2018-19 annual report, there were 42,000 participants, 21,000-plus owners, 130 race clubs, 119 racecourses, 12,000-plus races run, 103,000 starters and an economic contribution of $1.2 billion per year.

ENDS

Watching Question time is a bit like watching immature neighbours have a neighbourhood disppute over the back fence lots of verbal violence interjections and The Speaker trying to restore order...the last question was directed to Grace Grace who had only one minute left to respond all she did was rant at theopposition without attempting to give any acceptable answer to the question ...later today the QCAT is up for debate I'll be watching.

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Offline Peter Mair

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« 2019-Apr-02, 01:50 PM Reply #24 »


Queensland is Queensland -- ever thus.


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