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QLD Appeal Process Needs Reform - Qld Gallops - Racehorse TALK

Author Topic: QLD Appeal Process Needs Reform  (Read 193 times)

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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


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