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QRIC - Qld Gallops - Racehorse TALK

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Offline Arsenal

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« 2020-Jul-15, 09:29 AM Reply #700 »
Nothing to report on Internal Reviews for some time now , such as they are, since June 2019 no reasons are given in the published version apparently since they discovered some unspecified legal issues in the Privacy Act and The Human Rights Act.......reasons are not included only the applicant gets the reasons ......conclusion is there must be exceptional legal minds at work here as the other racing jurisdictions NSW and Victoria are either not aware of any such impediments.....or don't consider they intrude on their practices as they don't have any problems in publishing their decisions on appeal.......only QRIC  has imposed the news blackout....still the stewards reports on inquiries haven't been short on detail mainly dealing with positives and handing out fines all of which are subject to a right to apply for an internal review....what does that tell us....the left hand and the right hand..one doesn't know what the other is doing. :what:

 https://qric.qld.gov.au/stewards-reports/thoroughbred/

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Offline Arsenal

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« 2020-Jul-20, 09:31 AM Reply #701 »
Ben Currie and QRIC before QCAT today starting just about now.

Benjamin Mark Currie v Queensland Racing Integrity Commission OCR260-19 Tribunal Hearing 20/07/2020 9:30 AM Room 5

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Offline Arsenal

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« 2020-Jul-28, 12:52 PM Reply #702 »
Queensland jockey banned for two months
 
Chris Whiteley. Photo: News Limited.
 Article Author
Ben Dorries 9:14AM28 July 2020

A Queensland jockey has been slapped with a two-month riding ban for failing to give a $1.30 favourite every chance to win a race in Cairns last month.

Stewards took issue with Chris Whiteley's wide on Silent Explorer, with the raging hot favourite jumping out of the barriers first in a 1400m Open Handicap on June 25.

Whiteley restrained the Stephen Massingham-trained galloper back to second last in the seven-horse field.

The four-year-old gelding remained in second last spot before taking off from the 600m in a slowly run race, but finished second beaten half a length after not being able to reel in the leader Tambo's Heart.

Stewards concluded an inquiry on Monday - with Whiteley found guilty of failing to take all "reasonable and permissible measures throughout the race to ensure that the rider’s horse is given full opportunity to win or to obtain the best possible place in the field."

The full stewards' report, which included the conclusion of the inquiry, was not available on Tuesday morning but Queensland Racing Integrity Commissioner Ross Barnett confirmed Whiteley had been banned for two months.

"QRIC Stewards found Cairns Jockey Chris Whiteley guilty of a breach of AR129(2)," Barnett said.

"Stewards suspended jockey Whiteley for two months for his ride on Silent Explorer in the Open Handicap 1400m on 25 June 2020 to be served from midnight 4 August 2020 until midnight 4 October 2020."

It is understood Whiteley, who has five rides in Cairns on Tuesday, will seek an internal review of the stewards' decision.

That will enable him to keep riding for the next few weeks and then Whiteley has the option, under the long and cumbersome Queensland appeals system, to take the matter to the Queensland Civil and Administrative Tribunal for further review.

You can watch the vision of the race HERE

Silent Explorer jumps from barrier one and is wearing orange colours.
 Article Author
Read all News by Ben Dorries

ENDS

Well it's his money and he is entitled to spend it on whatever takes his fancy but IMO on the face of it he has zero chance of beating this charge ....should consider hisself  lucky he wasn't outed for a lot longer ..consider the penalty 2 months for the most serious offence pulling one up ..yet if caught having a bet he could be outed for 2 years unless special circumstances exist. JMac did 18 months for backing a winner he rode  Ben Melham and Adam Heironymus are both facing potential 2 years for betting.....where's the justice in the penalty between the two charges......having a bet doing no harm to anyone or pulling up a favourite doing harm to thousands...so who benefitted from the hook job nothing indicates that the stewards are looking into why he did it and if there's a third party behind it....maybe he just felt like doing it.

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Offline Arsenal

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« 2020-Aug-03, 10:52 PM Reply #703 »
https://www.qcat.qld.gov.au/__data/assets/pdf_file/0003/654942/practice-direction-8-of-2020.pdf

QCAT taking precautions from today COVID -19 applications to be heard on the blower will likely lead to further delays in progressing occupational regulation matters in which the racing industry finds itself .

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Offline Arsenal

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« 2020-Aug-04, 07:57 PM Reply #704 »
David Ronald Gafa v Queensland Racing Integrity Commission OCR123-20 Compulsory Conference 05/08/2020 9:30 AM Room 17

Dunno what this is about hasn't had any recent runners last one in 2016 this is possibly a licensing matter.

Some years ago he was charged with animal cruelty following the death of a foal which he had been hired to float to the owners property it was impossible to load and was injured in the process  he was found not guilty in a jury trial in Maroochydore.

Located the stewards report relating to the above foal's death.

https://qric.qld.gov.au/wp-content/uploads/2020/02/David-Gafa-Stewards-Report.pdf


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« Last Edit: 2020-Aug-04, 08:05 PM by Arsenal »

Offline Arsenal

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« 2020-Aug-05, 10:49 PM Reply #705 »

New whip penalty guidelines announced for Queensland

New penalty guidelines are being introduced on August 8 to help curb excessive use of the whip in thoroughbred horse racing in Queensland.

From this Saturday, Queensland Racing Integrity Commission (QRIC) Stewards will implement a penalty template which will include substantial fines and suspensions for whip breaches.

Stewards will also consider fines up to the equivalent of a rider’s winning percentage for repeat offenders or offences in feature races.

Peter Chadwick, QRIC Chief Stipendiary Steward – Thoroughbreds, said the new guidelines will bring greater consistency to the penalties covering breaches in the use of the whip as well as acting as a deterrent.

“These new guidelines will provide clear penalties for breaches of the whip rules,” said Mr Chadwick.

“This will assist in providing greater consistency to the penalties applied and it’ll also ensure that riders are well aware of the potential penalties for any breaches of the whip rules.

“The new guidelines will also significantly reduce the use of the whip in the last 100 metres of the race as they stipulate that riders cannot use the whip more than 14 times and even less if they’ve already used up some or all of their five permitted use of the whip in the first part of the race.”

The new guidelines, which have been drawn up in consultation with the Queensland Jockeys Association, set out three schedules of penalties which are based on a sliding scale depending on the number of offences.

The three schedules cover:

    Prior to the 100 metres – Consecutive use of the whip within the five permitted times.
    Prior to the 100 metres – Additional use of the whip in excess of the five permitted times.
    The excessive use of the whip over the whole race when it is used 15 times or more.

A rider’s breach of the whip rules prior to 8 August 2020 will not be taken into account when assessing penalty under the new guidelines.

ENDS.

Media Contact Peter Scott 0472 842 346

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Offline Arsenal

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« 2020-Aug-07, 05:22 PM Reply #706 »
Stephen Patrick Wilson v Queensland Racing Integrity CommissionOCR105-20Compulsory Conference 10/08/2020 9:30 AM Room 17


https://qric.qld.gov.au/news/qcat-rules-on-ben-currie-race-day-treatment-offences/


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« Last Edit: 2020-Aug-07, 05:24 PM by Arsenal »

Offline Arsenal

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« 2020-Aug-08, 08:59 AM Reply #707 »
The High Court decision on the liability to pay the superannuation contribution to jockeys arose out of the QPC decision to take over the payments from the race clubs as discussed on the Qld Racing thread ..the following passage from the judgment outlines the position 

One starts from the uncontroversial proposition that the actual payment of riding fees to jockeys was by the QPC. Prior to the introduction of the new system, the clubs paid the fees and, it might be accepted, out of the money collected from the “pay-ups”. It may also be accepted that the riding fees were paid out of money collected from the “riding fees” collected by the clubs. However, under the new system, the clubs no longer paid the jockeys, and the system of “pay-ups” was abandoned. The QPC adopted the role of paying riding fees directly to the jockeys. This was made clear by the Jockey Licence Application forms which were used during the Relevant Periods which all stated “RQL will pay your riding fees etc via the Centralised Prizemoney System”. There was no suggestion in that document that the riding fees were being paid on behalf of any other party.

There are a number of cases referred to by the learned judges in the superannuation case one in particular Hogno's case establishes that although successful in having his disqualification declared invalid by the court he was not able to claim damages from the stewards who disqualified him  ..the point to be taken is that stewards are not liable for damages for implementing the rules.
 
1.   The decision in R v Wadley was applied by Martin J in Hogno v Racing Queensland Ltd [2012] QSC 303, where the plaintiff, Mr Hogno, caused a horse to participate in a rural race meeting despite not being licenced to do so. The QPC held an inquiry by the stewards, who disqualified him from further participation in the industry. That disqualification was overturned, and Mr Hogno sought damages from the stewards, caused by the decision to disqualify him and in relation to the publishing of its decision. That claim failed because, inter alia, by ARRs 197 and 198, the stewards were immune from liability for damages for anything done by them arising out of their exercise of power in good faith. Martin J held that those rules imposed a bar to Mr Hogno’s damages claim. At [94] his Honour said:
The Australian Rules of Racing were recognised in R v Wadley, ex parte Burton to constitute a contract between the principal club and, in that case, Mr Burton. The court said it was a contract “... that the legislature has recognised and endorsed, thus putting the relationship between the contracting parties on a higher plain than that which would arise from a mere contract”. There is no difference in substance between the act considered in Wadley and the Act which applies in this case. Consequently, AR 197 and AR 198 operate between Mr Hogno and the QPC by virtue of their statutory force.

(footnotes omitted)



The Aust Racing Board lists the rules of racing as they were at each point in time substantial amendments have been made as disclosed in this link.

The rules providing no liability for damages introduced in September 2009 as AR 197 and AR 198 are now to be found in AR 279 (1) and (2)

https://racingaustralia.horse/FreeServices/Australian_Rules_Of_Racing.aspx

AR.197.No person shall be entitled to make any claim for damages by reason or in consequence of the imposition, annulment, removal, mitigation, or remission of any penalty imposed or purporting to be imposed under the Rules.[amended 1.9.09]
AR.198.No club, official or member of a club shall be liable to any person for any loss or damage sustained by that person as a result of,or in any way (either directly or indirectly) arising out of the exercise of any right, privilege, power, duty or discretion conferred or imposed, or bona-fide believed to have been conferred or imposed, under the Rules.


AR 279 No damages for decisions made under the Rules
(1)A person is not entitled to make any claim for damages by reason or in consequence of the imposition, annulment, removal,variation, or remission of any decision made,or penalty, restriction or sanction imposed or purporting to be imposed,under the Rules.
(2)No PRA, Steward, Club, or official shall be liable to any person for any loss or damage sustained by that person as a result of, or in any way (either directly or indirectly) arising out of the exercise of any right, privilege, power, duty, function or discretion conferred or imposed, or bona-fide believed to have been conferred or imposed, under the Rules.

Interesting to see how the Alligator Blood case turns out in the light of the above assuming it is relevant to the proposed legal action contemplated by the connections.

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Offline Arsenal

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« 2020-Aug-08, 08:52 PM Reply #708 »
Trainer Ben Currie has 18-month disqualification reduced in raceday treatments case

The long-running Ben Currie case has taken another twist after the Queensland Civil and Administrative Tribunal handed down its verdict in one of the legal matters involving the trainer.
Nathan Exelby, Racing editor, The Courier-Mail

August 7, 2020 6:14pm

The Queensland Civil and Administrative Tribunal on Friday handed down another ruling in the Ben Currie case, this time reducing an original 18-month disqualification for raceday treatments to six months.

It follows another QCAT ruling last month where Toowoomba trainer Currie also had an original sentence reduced over the detection of illegal substances in a number of his horses to 12 months.

The Queensland Racing Integrity Commission has appealed this ruling, as has Currie himself.

There are still a number of other legal matters yet to play out for Currie, who at one time was training more winners in Queensland than any other trainer.

In relation to the current status of Ben Currie’s outstanding inquiries, the Commission has agreed to adjourn its inquiry into seven alleged breaches of the rules of racing until after the resolution of a criminal charge he is currently facing,” Integrity commissioner Ross Barnett said.

“A date is yet to be set for a further stewards inquiry into 14 alleged breaches of the rules of racing issued on 28 May 2018.”

The matter determined by QCAT on Friday revolved around the application of a substance, said to be boost paste, to several horses at the Currie stables run by his father Mark at Glenvale in Toowoomba.

This was the incident that started the long-running Currie inquiries.

In all, stewards found Currie guilty of 12 charges of causing a horse to be administered on two days, in March and April 2018, a substance on raceday and disqualified him for 12 months on each of those days. That was changed to 18 months disqualification in total at the Internal Review stage.

QCAT member Michael Howe deemed CCTV footage of the alleged instances only provided conclusive proof of three horses being treated in April 2018 (Weetwood day), but said the footage of the instances in March could not be proven, as he wasn’t satisfied the identity of the horses in question was conclusive.

In his ruling, member Howe noted Ben Currie effectively abnegated all responsibility for horses at the Glenvale premises to his father Mark and that Mark Currie’s supervision of staff was “marginal at best”.
“I conclude there was no adequate supervision by (Mark Currie) of the staff at Glenvale. Similarly there was no supervision of (Mark Currie) and therefore the staff at Glenvale by (Ben) Currie,” Howe wrote.

He went on to say that Ben Currie “could have exercised some supervisory control over Glenvale had he bothered”.

“By the complete abnegation of responsibility for staff compliance with the administration regime required by the Rules of Racing, I conclude (Ben) Currie may be said to have caused the administration of medicine to horses on the race day of the 7th (April),” he said.

Howe noted the reduced sentences of Mark Currie (wholly suspended 12 months suspension) and staffer Cameron Schwenke (three months disqualification) were less than the mandatory six months disqualification under this rule, but said “I am not privy to the special circumstances relied upon to arrive at those particular penalties”.

“I note (those penalties), but I do not regard them as establishing any sort of benchmark without knowing why they were so reduced,” he said.

Howe said he did not categorise Ben Currie “as someone free from blame” but that he did not fall into the same category as someone guilty of physical administration.

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Offline PoisonPen7

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« 2020-Aug-09, 12:27 AM Reply #709 »


A Queensland jockey has been slapped with a two-month riding ban for failing to give a $1.30 favourite every chance to win a race in Cairns last month.

Stewards took issue with Chris Whiteley's wide on Silent Explorer, with the raging hot favourite jumping out of the barriers first in a 1400m Open Handicap on June 25.

Well it's his money and he is entitled to spend it on whatever takes his fancy but IMO on the face of it he has zero chance of beating this charge ....should consider hisself  lucky he wasn't outed for a lot longer ..consider the penalty 2 months for the most serious offence pulling one up ..yet if caught having a bet he could be outed for 2 years unless special circumstances exist. JMac did 18 months for backing a winner he rode  Ben Melham and Adam Heironymus are both facing potential 2 years for betting.....where's the justice in the penalty between the two charges......having a bet doing no harm to anyone or pulling up a favourite doing harm to thousands...so who benefitted from the hook job nothing indicates that the stewards are looking into why he did it and if there's a third party behind it....maybe he just felt like doing it.



https://www.racingqueensland.com.au/racing-and-results/video-replays/player/thoroughbred/crns/20200625/race/7

Yeah I find it hard to believe that the jockey gets 100% of the blame in this and there is nothing else to be done.


Offline Arsenal

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« 2020-Aug-09, 10:21 AM Reply #710 »

Delays at Doomben Races following suspected COVID-19 breach

Queensland Racing Integrity Commission (QRIC) Stewards are working with Racing Queensland and the Queensland Police Service to investigate a possible compliance breach of COVID-19 restrictions at today’s Doomben Races.

Stewards were made aware of a possible breach concerning two persons who had travelled from Murwillumbah in NSW this morning accompanying thoroughbred horse Axella, trained by Matthew Dunn, who were still on the course.

Both persons involved had been subjected to the appropriate COVID-19 testing procedure upon entry to the course.

The horse ran in Race 4, and following races were delayed as stewards and Racing Queensland officials investigated a possible compliance breach with Queensland Government or Racing Queensland COVID-19 restrictions at the venue.

Stewards directed the two people involved to leave the course straight after Race 4 with Axella and to undergo COVID–19 testing and provide the results back to stewards.

QRIC and Racing Queensland take any possible breach of COVID-19 restrictions extremely seriously and have referred the matter to the Queensland Police Service for consideration of any action.

ENDS.

Media Contact Peter Scott 0472 842 346

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Offline Arsenal

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« 2020-Aug-10, 10:55 PM Reply #711 »
Reginald Hazelgrove v Queensland Racing Integrity Commission OCR134-20 Directions Hearing 11/08/2020 3:30 PM Room 5



Queensland Racing Integrity Commission investigating Barcaldine Races incident

The Queensland Racing Integrity Commission (QRIC) is investigating an incident which took place at Barcaldine Races on Saturday, August 8.

The incident took place at the conclusion of Race 7 when the fourth-place getter was not correctly identified by the judge and the error was not picked up by the stewards before the correct weight was notified.

The matter is being reviewed by the Chief Steward who has asked for a report on the incident to determine how the mistake occurred and what corrective action may be required to prevent a reoccurrence.

ENDS

Media Contact Peter Scott 0472 842 346

https://www.racingqueensland.com.au/racing-and-results/video-replays/search?code=thoroughbred&from=2020-08-08&to=2020-08-08&venue=BARC

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« Last Edit: 2020-Aug-10, 11:02 PM by Arsenal »


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