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Author Topic: QLD Appeal Process Needs Reform  (Read 8648 times)

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Offline Arsenal

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« 2019-Jun-03, 08:02 PM Reply #50 »
A busy day for QRIC tomorrow at QCAT with five matters set down as directions hearings as follows :-

Clinton Joseph Garland v Queensland Racing Integrity Commission OCR134-18 Directions Hearing 04/06/2019 1:30 PM Hearing Room 5, 259 Queen St, Brisbane

Gareth Keith Horner v Queensland Racing Integrity Commission OCR248-18 Directions Hearing 04/06/2019 1:30 PM Hearing Room 5, 259 Queen St, Brisbane

John Charles Pointon v Queensland Racing Integrity Commission OCR194-18 Directions Hearing 04/06/2019 2:30 PM Hearing Room 5, 259 Queen St, Brisbane

Jeff Lloyd v Queensland Racing Integrity Commission OCR028-19 Directions Hearing 04/06/2019 2:30 PM Hearing Room 5, 259 Queen St, Brisbane

Garry Donald Smith v Queensland Racing Integrity Commission OCR277-18 Directions Hearing 04/06/2019 1:30 PM Hearing Room 5, 259 Queen St, Brisbane

The Clinton Garland case came before QCAT over 12 months ago wherein the learned member stated inter alia "I will also make some directions to progress the application OCR134 of 2018."  the degree of progress is obviously very slow.... stationary in fact just over 12 months since the case was first listed....on the other hand Jeff Lloyd's matter from earlier this year has had expedited progression. 

Giddy Up :beer:

« Last Edit: 2019-Jun-03, 08:14 PM by Arsenal »

Offline sobig

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« 2019-Jun-03, 08:48 PM Reply #51 »
Jeff Lloyd needs to get a stay until 13th July as he has announced that he will be retiring after that race day.

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« 2019-Jun-18, 04:55 PM Reply #52 »
Ronald Finch v Queensland Racing Integrity Commission OCR249-18 Directions Hearing 18/06/2019 3:30 PM Hearing Room 5, 259 Queen St, Brisbane

I think this is the second time Mr Finch has been afforded an audience with the learned panellist on QCAT's Occupational regulation panel.


Giddy Up :beer:

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« 2019-Jun-24, 07:08 PM Reply #53 »
Dean Braun v Queensland Racing Integrity Commission OCR041-18 Directions Hearing 25/06/2019 3:30 PM Hearing Room 5, 259 Queen St, Brisbane

Giddy Up :beer:

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« 2019-Jun-26, 10:48 AM Reply #54 »
Chance to alter appeals model
NATHAN EXELBY

RACING industry participants have been given the opportunity to make recommendations to change the muchcriticised appeals model as part of a three-year review of the Racing Integrity Act.

The State Government has flagged changes to the Queensland appeals process that include having some matters dealt with outside the Queensland Civil and Administrative Tribunal (QCAT) and removing the option of a stay of proceedings for more serious matters.

Since the Queensland Racing Integrity Commission was established three years ago, concerns have been raised by racing participants over ways the appeal system works, specifically the length of time matters take to be dealt with by QCAT.

These include matters as simple as careless riding bans taking up to 12 months to be determined, compared to other states where they are cleared up inside a week.


CHANGE: Stirling Hinchliffe.

It has led to the suspension lines some “cost-neutral options” for streamlining the review process. These include distinct review processes for lower order penalties and higher order penalties, with appeals for lower order penalties dealt with outside the QCAT model.

There is also a proposal to amend the stay application process to allow QRIC to grant stays where there is no imminent risk to integrity or animal welfare, saving time and money for all parties, but removing the option of a stay for the most serious matters, such as animal cruelty, that come before QRIC.

QRIC Commissioner Ross Barnett welcomed the review.

“I would like to invite all those involved in the racing industry to make comments about the issues associated with the new legislative regime to help the Government decide if changes are necessary,” he said.

of jockeys in Queensland being merely a figurative process, as ultimately, jockeys decide themselves when they take the suspension, using the QCAT process to drag it out.

Additionally, the process of stays being virtually rubberstamped at QCAT for even the most serious offences is under review by the Government.

Racing Minister Stirling Hinchliffe said a discussion paper has been released to try to improve the process and he was “calling on industry participants to have their say”.

“Stakeholders are worried it’s taking too long to finalise matters that are subject to appeal,” Hinchliffe said.

The discussion paper out-(NOTE the reminder of Nathan's piece consisting of one more column containing an outline of issues in the discussion paper is not reproducable due to some error in the CM's reproduction process)

@xlbnathan_cmail
xxxxxxxxxxxxxxxxxxxxxxxxxx
Next  is Obi's story from the AAP....Condolences to Mark whose mum's funeral notice is in today's CM

STEWARDS, TRAINERS WELCOME APPEAL REVIEW
Wednesday 26 June, 2019
 
Mark Oberhardt
 
QR Integrity Commissioner Ross Barnett is encouraging the industry to be involved in appeals reform.
Queensland trainers and stewards have welcomed a government review of the state's cumbersome appeals process.
Racing Minister Stirling Hinchliffe hopes to have a result of the review by the end of the year.
He will meet with key industry participants next week but suggestions are also open to the public through an online process.
The current system involves jockeys and trainers seeking an internal review which can then be followed by appeals to the Queensland Civil and Administrative Tribunal.
There have been long delays at QCAT with some cases taking more than a year to be resolved.
In a media release, Hinchliffe said the idea was to explore options to reform Queensland's racing appeals procedures as part of a three-year review of the Racing Integrity Act.
"QRIC is delivering strong and effective oversight of Queensland's racing industry across the three codes," he said.
"The Commission has demonstrated its commitment to tackling animal cruelty, race fixing, doping and other illegal activities in the racing industry.
"It also has a strong record of community engagement, delivering great outcomes through initiatives such as the highly successful Greyhound Adoption Program."
He said there was concern within industry that some the administrative and appeals mechanisms QRIC relies on were not as effective as they could be.
"Stakeholders are worried it's taking too long to finalise matters that are subject to appeal and about the perceived lack of industry knowledge of the decision makers in the external review process," he said.
"There are also concerns, which I share, that the 'stay of proceedings' mechanism can be used by participants as a loophole to carry on business as usual while reviews are ongoing.
"That's why we've released a discussion paper on the review of the Racing Integrity Act and I'm calling on industry participants to have their say."
QRIC commissioner Ross Barnett said he welcomed the review and called on racing industry stakeholders to contribute to the discussion.
"I would like to invite all those involved in the racing industry to make comments about the issues associated with the new legislative regime to help the government decide if changes are necessary and if so, how best to support the industry into the future," Barnett said.
The secretary of the Queensland branch of the Australian Trainers Association, Cameron Partington, said trainers had met with Hinchliffe last month urging changes.
"In particular we wanted a method to speed up the time taken for appeals in QCAT with perhaps specialist members hearing the cases," he said.
ENDS
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Media Statements
Minister for Local Government, Minister for Racing and Minister for Multicultural Affairs
The Honourable Stirling Hinchliffe

Wednesday, June 26, 2019
Review of Racing Integrity Act to explore racing appeals reforms
The Palaszczuk Government will explore options to reform Queensland’s racing appeals procedures as part of a three-year review of the Racing Integrity Act.
Racing Minister Stirling Hinchliffe said the Queensland Racing Integrity Commission, QRIC, had achieved much in its first three years with the potential to become even more effective with sensible reform.
“QRIC is delivering strong and effective oversight of Queensland’s racing industry across the three codes,” he said.
“The Commission has demonstrated its commitment to tackling animal cruelty, race fixing, doping and other illegal activities in the racing industry.
“It also has a strong record of community engagement, delivering great outcomes through initiatives such as the highly successful Greyhound Adoption Program.
“Equally, there is concern within industry that some the administrative and appeals mechanisms QRIC relies on aren’t as effective as they could be.
“Stakeholders are worried it’s taking too long to finalise matters that are subject to appeal and about the perceived lack of industry knowledge of the decision makers in the external review process.
“There are also concerns, which I share, that the ‘stay of proceedings’ mechanism can be used by participants as a loophole to carry on business as usual while reviews are ongoing.
“That’s why we’ve released a discussion paper on the review of the Racing Integrity Act and I’m calling on industry participants to have their say.”
The discussion paper outlines some cost-neutral options for streamlining the review process, including:
•   distinct review processes for lower order penalties and higher order penalties, with appeals for lower order penalties dealt with outside the QCAT model;
•   amendments to the stay application process to allow QRIC to grant stays where there is no imminent risk to integrity or animal welfare, thereby saving time and money for all parties;
•   removing the option of a stay for the most serious matters, such as animal cruelty, that come before QRIC; and
•   forgoing compulsory conferences in advance of QCAT hearings for matters where a participant is legally represented.
QRIC Commissioner Ross Barnett said he welcomed the review and called on racing industry stakeholders to contribute to the discussion.
“I would like to invite all those involved in the racing industry to make comments about the issues associated with the new legislative regime to help the Government decide if changes are necessary and if so, how best to support the industry into the future,” Mr Barnett said.
To view the discussion paper, visit: https://www.getinvolved.qld.gov.au
Media contact: Martin Philip 0427 919 548

ENDS


That's enough for now later I'll post the link to the options disclosed in the discussion paper together with some of the most interesting aspects .


Giddy Up :beer:


Offline Arsenal

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« 2019-Jun-26, 12:11 PM Reply #55 »
There's quite a lot of reading in the discussion paper some of which I have condensed to a short summary of the main issues as I see them others may have different views the option to make a submission is not restricted to licensees all stakeholders whether owners punters or the occasional racegoer who have an interest in all or any of the three codes are invited to send in their thoughts you never know your suggestion might be the correct solution to this long going problem in the present unsatisfactory appeals process with long delays and expense which will be revealed in the following extracts .

https://qric.qld.gov.au/have-your-say-about-racing-industry-legislation-in-qld/

https://www.getinvolved.qld.gov.au/gi/consultation/6150/view.html

There are a number of matters outside the scope of this review of the Racing Integrity Act as follows:-

Matters out of scope of the review
With regard to the internal and external review mechanisms contained in the Racing Integrity Act, it should be noted that matters relating to the powers and processes of the Queensland Civil and Administrative Appeals Tribunal (QCAT) are provided for by separate legislation and cannot be addressed through amendments to the Racing Integrity Act.

The following issues are also out of scope of this consultation process: • formation of the Queensland Racing Integrity Commission; and • the appointment of a full-time Commissioner.

Other matters are out of scope as they relate to the functions and powers of RQ or matters under the Racing Act.

These include matters relating to: • the single three-code governance model of RQ; • prize-money and race day allocations; • nominations of animals to race; • regulation of clubs; • infrastructure funding; and • corporate bookmakers and race information authorities.

 In the event, you would like to discuss an issue relating to the functions and powers of RQ mentioned above, please contact RQ via telephone (07) 3869 9777 or email info@ racingqueensland.com.au.

Respondents are encouraged to identify issues and propose solutions that are within the scope of the Racing Integrity Act.

BACKGROUND
Background In 2016, following the Queensland Greyhound Racing Commission of Inquiry (also known as the MacSporran report), the Queensland Government overhauled racing integrity in Queensland, implementing the Racing Integrity Act and creating the Queensland Racing Integrity Commission.

The Commission, which has been in operation since 1 July 2016, is responsible for imposing an integrity regime and implementing an agenda that keeps racing animals safe, on and off the track. It also ensures those who work in the industry can work in a safe environment and everyone can have confidence that racing in Queensland is carried out on a level playing field.

The Commission has demonstrated its commitment to tackling animal cruelty; race fixing; doping; and other illegal activities in the racing industry.

The Commission’s achievements illustrate its value as Queensland’s first independent racing integrity and animal welfare body.

Community members and those involved in the racing industry are invited to make comments about the issues associated with the new legislative regime to help the Government decide if changes are necessary and if so, how best to deliver a strong and practicable review mechanism to support the industry into the future.

A discussion paper on the future of racing regulation in Queensland is now available and the Commission encourages the community to read it and respond to the questions within it.

Since 1 July 2016, the Commission’s stewards have made more than 4000 original decisions, with 287 internal reviews sought. Of the 287 internal reviews undertaken, 79 amended the original decision meaning approximately 2% of the Commission’s original decisions are amended at internal review.

QCAT does not have, and is not presently funded to have, a dedicated ‘racing list’ to deal specifically with these external reviews.

Applications for external review are dealt with in QCAT’s Civil and Administrative Division, which encompasses a wide variety of jurisdictions ranging from building disputes to occupational regulation.

Within that Division, there are a broad range of administrative decisions which are subject to external review by QCAT. Matters of external review under the Racing Integrity Act and the Rules of Racing comprise only one of the many types of decisions which are reviewed by QCAT.

Discussion Questions: 1. Is the internal review process improving the consistency of the original decisions made and associated penalties issued by the Commission?
 
2. Do the issues summarised above sufficiently capture concerns about the current review mechanisms offered by the Racing Integrity Act?

3. If not, what other issues need to be considered to ensure more timely, consistent and transparent decisions?

4. Do you have any other comments on internal reviews?

An application for a stay of proceedings handled by the Commission may also lower the cost in both time and money for participants.

Applicants are currently required to pay $338.20 for an application for a stay of proceedings and the Commission is required to contribute $460 for each application.
 
This is just the application fee and does not include any legal fees that may otherwise be involved. Based on the number of applications where the Commission consented to a stay, this option would save approximately $72,000 a year.

An alternative way of addressing concerns related to the exploitation of stays, could involve removing the option of a stay in certain, serious circumstances, such as serious animal cruelty and integrity matters.

Discussion Questions:
6. Are there reasons why stay applications should not be made directly to the Commission in the first instance for internal review applications?

7. In what circumstances, if any, should a stay not be available to a racing industry participant who has been penalised under the Rules of Racing, Racing Integrity Act or other legislation?

8. What other protections and safeguards should be considered to ensure a fair and just outcome for participants whose penalties may be subsequently overturned at review?

Compulsory conferences

Currently, QCAT may direct parties to attend one or more compulsory conferences.

The purposes of a compulsory conference for a proceeding, as stated under the QCAT Act, are as follows—
a. to identify and clarify the issues in dispute in the proceeding;
b. to promote a settlement of the dispute the subject of the proceeding;
c. to identify the questions of fact and law to be decided by the tribunal;
d. if the proceeding is not settled, to make orders and give directions about the conduct of the proceeding;
 e. to make orders and give directions the person presiding over the conference considers appropriate to resolve the dispute the subject of the proceeding.
A compulsory conference costs the Commission $825.

In addition to this cost, both parties may incur fees associated with legal representation. A compulsory conference also means proceedings and the outcome of the review are delayed. Within the context of the current model, whereby external review is preceded by internal review, there may be limited benefit in requiring parties to attend a compulsory conference.

This is because the matters that form the dispute, including the questions of fact and law, are clearly identified through the internal review process.

As matters have already been internally reviewed, the positions of each party in relation to a proceeding have already been established and are unlikely to be resolved at the conference.

There may be benefit in holding a compulsory conference for persons that do not have legal representation. For example, this process may help to ensure that all issues are clearly identified prior to any hearing.

By contrast, where a person engages legal representation, the matters of dispute are generally well defined and understood. Directions may still be given regarding any new evidence or matters of dispute that arise. As such, it could be considered that compulsory conferences do not add sufficient value where a person has engaged legal representation.


ENDS

It seems that QCAT is here to stay without some change to their case management system or creating a specific racing panel QRIC has to work around them .....in NSW there's no involvement with NCAT just two appeal bodies the Appeal Panel headed by Richard Beasley SC, the esteemed author of a number of great novels, and the Tribunal consisting of Mr D B Armarti who hears and determines appeals from the Tribunal ....whilst in Victoria VCAT's role  is to be limited no later than 1 August ........The Hon. Hinchy doesn't appear to have made any pleadings or have any influence on his cabinet colleagues to eliminate QCAT entirely or reduce its involvement as forecast by the Victorian Guvment.....also it's possible he realises it would create a precedent that the rest of the Occupational Regulation Panel contingent would possibly want for themselves...and would be a wasted effort.

One interesting figure emerged from the publication is there are 89 licensed bookmakers operating under QRIC  I expect that includes the corporates a far cry from the good old days in Brisbane where at the QTC meeting on Brisbane Cup day in June 1963 there were 83 in the Paddock another 124 in the St Leger and Flat ......some big names amongst them not frightened to take a decent bet...Jim Watson , Digger Lobb ,Artie Griffiths ,Clive Marsh , Jack Hannay Snr ,Billy McLead ,Frank Burke ,Doug Boyle ,Kevin Kent , Stan Schluter , Rae Harris , Jack Steen ,  Jack Lacey , Graham Young , son of Taggie, Harry Hood ,Merv Cooper in the leger then as was Brian Ogilvie.

Giddy Up :beer:

« Last Edit: 2019-Jun-26, 12:18 PM by Arsenal »

Offline Arsenal

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« 2019-Oct-03, 08:10 AM Reply #56 »
Matt’s case finally over
NATHAN EXELBY


TOP jockey Matt McGillivray is set to start a nine-day careless riding suspension next week, farcically more than two years after the offence was committed.

In an extraordinary highlight of how dysfunctional the appeals system in Queensland racing has become, the Queensland Civil and Administrative Tribunal handed down the result of McGillivray’s appeal against an August 2017 suspension this week.

He was originally suspended for his ride on Snow Fields at Caloundra on August 9, 2017.

After the decision of stewards was confirmed by the Internal Review (which was handed down on August 18, 2017), McGillivray (pictured) appealed to QCAT, which upheld the stewards findings in February 2018.

Submissions were invited on penalty at that time, when the Queensland Racing Integrity Commission stated its case for the nine-day suspension to stand, while McGillivray’s representatives argued for a monetary fine.

According to M c G i l l i v r a y ’ s legal representative Anthony Miller, principal lawyer at Miller Sockhill Lawyers, there was no advancement in the case until March this year.

Miller said because so much time had passed, QCAT asked for further submissions on penalty.

From that point, it took until Monday this week – more than six months – for QCAT member James Allen to hand down the decision.

In his ruling, Allen said “there needs to be a clear message” and therefore a suspension was a more fitting penalty, as opposed to a fine.

The State Government has committed to a review of the Racing Integrity Act 2016 and in June a discussion paper, titled Racing Integrity Reforms, was circulated, with the lengthy appeals process a key element.

Racing Minister Stirling Hinchliffe said a draft consultation report was being prepared by QRIC and would be considered by the Government, with further input expected from key stakeholders.

“Any proposals for change will be focused on timeliness and fairness for participants,” Hinchliffe said.

Racing Integrity commissioner Ross Barnett said the review provided the industry and the community the opportunity to have their say up until submissions closed on August 26, at which time 27 survey responses had been received.

The case of McGillivray is an unusual one, in that very few careless riding appeals (on the lower scale like this one) see it through until conclusion at QCAT.
ENDS

Quote......“Any proposals for change will be focused on timeliness and fairness for participants,” Hinchliffe said."

That means limiting or excluding QCAT from the process ...exclusion would/might create more problems for the guvment although Victoria did limit QCAT's equivalent VCAT to appeals on penalty only that's something which would/should enhance the process...it really is unacceptable the costs to Mc Gillivray would be a big hit to his hip pocket with only a rough chance of recoupment although Darrell Graham did succeed getting part reimbursement QRIC would also be hurting cost wise.
QCAT's Annual Report should be available I'll see if I can find it.

Giddy Up :beer:

Offline Arsenal

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« 2019-Oct-06, 02:06 PM Reply #57 »
Turf club’s plan to slash QCAT backlog

Lead story from Nathan Exelby's column in the Sundays Mail today

AMONG the 27 submissions made to government on reforms to the Racing Integrity Act was one from the Sunshine Coast Turf Club which outlines a plan to reduce cases going to QCAT by 90 per cent.

QCAT was in the frame last week after handing down a ruling in a careless riding suspension case two years after the original penalty was given.

It was the perfect example of how the system is broken and why changes are desperately needed as part of the Integrity Act reform.

SCTC chairman Peter Boyce, who has had many dealings with the appeal system in his role as legal representative for many racing participants, described the current Internal Review model as “a complete failure” because in his opinion “there is no level of independence”.

Boyce proposed a first level appeal body for each code of no more than three persons, with expertise in the relevant code, with a charter to hand down penalties in a swift time frame.

“That way, the industry can have confidence that those who have a very good understanding of the respective industries will be able to understand and make reasonable decisions on the evidence,” he said.

After this first appeal has been determined, the only way a matter could proceed to QCAT would be on a point of law, or for offences that have incurred a penalty of six months or more.

“It is my view this would … create a great deal of confidence in the first level review, provide swift justice; reduce the QCAT applications by at least 80 to 90 per cent, (maybe) even more,” he said.

“This would result in large savings to QRIC and industry participants.”

Boyce included in the proposal a format of taking away steward's role as judge, jury and executioner.

He said there is “absolutely no independence” in the stewarding system of charging and then determining a penalty – a policy that is adopted around Australia.

Boyce said it would be preferable for stewards to issue charges at a race meeting, before a different panel determined the guilt or otherwise of those charged.

ENDS

Apart from reducing the role of race day stewards to applying the rules( ie: issuing the charge/s )and then  leaving the decision on penalty to another group of stewards  who all work together at various times seems to me to be a very cumbersome process lacking independence.....with due respect to Mr Boyce I don't think that would/should get the Green Light....Mr Boyce's proposal of eliminating the  Internal Review process..... which although on a no cost basis.....as he points out  is still an in house operation and in its place appointing separate three code appeal panels IMO would be a step in the right direction although one Appeal Tribunal with appropriately qualified and experienced people (not current licensees) would be just as effective...eliminating the role of QCAT should be  the main objective ..that's where the problem lies ..QCAT is overworked and under resourced....recently we have seen lengthy delays in issuing decisions which in the case of Darrell Graham a 2015 case where he was disqualified resulted after such a long time recently QCAT imposing a 12 months suspension which he is now serving .......this  followed by the Matthew MC Gilivray decision where his case going back to 2017 resulted in QCAT imposing a suspension from the date of decision ........this indicates that stays of proceedings to QCAT have backfired badly on the appellants which if followed as precedents persons on lengthy stays through no fault of their own could/would find the penalty they appealed to QCAT  being imposed from the date of QCAT making a decision to amend the original decision with the penalty starting from the day of decision some years after the charge's for alleged offence was issued by QRIC.
There's abundant evidence of repeated Directions Hearings all involving costs and inconvenience to all parties then there's the compulsory conferences another costly exercise for all parties.....IMO QCAT should be limited to appeals against penalty .......a Racing Appeals Tribunal should be created ....the power to grant stays of proceedings to rest with the stewards any refusal would be subject to right of appeal to the proposed Racing Appeals Tribunal....leave QCAT to deal with the 21 other trades, professions occupations and minor civil disputes. 

It'll be interesting to see the remainder of the 27 submissions you would think that there would be something of value there that The Hon. Hinchy can take to Cabinet to improve the current shamozzle .

Giddy Up :beer:   
« Last Edit: 2019-Oct-06, 02:09 PM by Arsenal »


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