Structure

The South Australian Racing Appeals Tribunal

Background

The South Australian Racing Appeals Tribunal was established as a result of a joint agreement between Greyhound Racing SA Ltd, Harness Racing SA Ltd and Thoroughbred Racing SA Ltd.

Those three racing codes established Racing SA Pty Ltd as the peak body of racing authorities in South Australia and the Tribunal reports to Racing SA Pty Ltd. The Tribunal is not part of the administration of any racing code.

Jurisdiction

The Tribunal is responsible for hearing and determining appeals from all three racing codes against—

(a) a decision made under the rules of the controlling authority for a code of racing—

(i) disqualifying or suspending a person from participating in that code in any particular capacity; or (ii) imposing a fine greater than $499.00.

The Registrar

The Tribunal is managed by a Registrar.

The Registrar is the person who:

• receives your Appeal Notice
• provides you and the Tribunal with copies of Stewards’ hearings transcripts and/or other submissions, any related videos and any other evidence
• manages any questions you may have prior to the hearing
• arranges the hearing date, time and place and provides you with a Notice of Hearing
• manages the hearing on the day.

Appeals to the Tribunal

Notice of Appeal forms are available from your respective racing code. These will be available in hard copy, or may be available for download from their website.

Appeals to the Tribunal must be lodged within 7 days of the controlling authority’s decision.

The amount of $500.00 must be paid to the racing code at the time of lodging the appeal. Part of this amount is a lodgement fee and part of it is a bond.

Ensure that you complete all of the appeal form and clearly indicate whether or not you entered a plea at the Stewards’ Inquiry and if you are appealing against the conviction, the penalty or both.

The Tribunal Registrar will advise you when they have received your Notice of Appeal.

*Including your current email address provides for effective and timely communications.

Stay of proceedings

A stay of proceedings may be requested by completing the relevant section on the Notice of Appeal form.

A ‘stay’ effectively suspends in whole or in part the operation of the decision and/or penalty pending the determination of the appeal by the Tribunal.

The decision to grant a stay of proceedings is at the discretion of the Tribunal and you should not assume that it will be automatically granted.

If the racing code objects to a stay of proceedings then the Tribunal will consider the written submissions of both parties in relation to the application for a stay and make a decision.

The Registrar will advise you of that decision.

In some cases the Tribunal may conduct an oral hearing regarding a stay application.

Prior to the hearing

• Amending your appeal

After lodging your appeal you may want to change your plea or the grounds on which you are appealing.

You will need to advise the Registrar of these changes.

• Stewards’ evidence

The Registrar will collate all of the evidence provided by the racing code (including race vision if it is part of the evidence) and forward that to you.

• Your evidence

You may want present your own evidence to the hearing, including any fresh evidence that was not available at the time of the Stewards’ Inquiry.

NOTE: It is imperative that you declare all of your evidence to the Registrar, and provide the Registrar with copies of any documents or other material so that the Registrar can distribute it to the Stewards, Presiding Member and Assessor to ensure that the Tribunal can properly consider your case on the day of hearing.

This evidence must be lodged with the Registrar at least 10 days prior to the date of hearing.

Date, time and place of the hearing

The Registrar will provide you with a ‘Notice of Hearing’ setting out the date, time and place of the hearing.

The Tribunal usually sits in the Boardroom of Thoroughbred Racing SA, which is in the main administration office complex at the Morphettville Racecourse.

What to bring

• A copy of your evidence – as provided to the Registrar
• Your copy of any transcript, videos or other material provided to you by the Stewards or Registrar
• A notebook and pen for making notes if you think you will want to

Who can come with you

You can be represented by a solicitor or counsel.

If the Tribunal approves it before the hearing, some other person can come with you and speak on your behalf – you must advise the Registrar as soon as you know who you want to be represented by.

Who attends the hearing

The hearing is presided over by the Presiding Member or Deputy Presiding Member of the Tribunal.

The Registrar attends to manage the hearing process.

If the hearing is in relation to a race incident an Assessor from the relevant racing code attends and assists the Presiding Member with issues of a technical nature.

(The Assessor provides technical advice to the Presiding Member but does not contribute to the Presiding Member’s final decision.)

You will attend with your approved representative if you have one.

Tribunal hearings are normally available to the public so, with the approval of the Presiding Member, you may bring other support people with you.

What happens at the hearing

When you get to the hearing, the Registrar will confirm that you have arrived, and ask you to wait outside the hearing room until you are called in.

Once you are called in (with your representative if you have one) you will be shown to a seat at the hearing table.

The Presiding Member will open the hearing and describe the nature of the hearing and your appeal.

If a race video is part of the evidence, it will be ready to look at and review on a large screen TV.

You will be asked to make your submission as to why your appeal should be upheld, and the Stewards will be asked to respond, and in that process, questions will be asked by the Presiding Member and the Assessor.

Your submission should be carefully thought out before the hearing so that you give yourself every opportunity to state your case – you may want to make some notes or dot points before the hearing that you can follow in making your submission.

With the permission of the Presiding Member, you are free to ask questions in relation to any of the evidence supporting the conviction or penalty that you are appealing against, or any other issues raised in the hearing, and you are free to express an opinion about any of the evidence that is presented, including race vision shown at the hearing.

You are entitled to ask questions of any witnesses that are called to give oral evidence.

Once the Presiding Member is satisfied that he/she has heard all of the available evidence, the Presiding Member will adjourn to consider the matter in the absence of the parties involved.

The parties will then return to the hearing room and be informed of the Presiding Member’s determination.

Part of the determination will be whether or not you will receive reimbursement of all or any of the bond you paid when lodging your appeal. Any refund is at the discretion of the Tribunal.

After the hearing

Subsequent to the hearing the Registrar will send you a written copy of the Tribunal findings.

If an order is made that you are to be reimbursed all or part of your bond money, you will need to deal directly with your racing code after the appeal is finalised.

Withdrawing your appeal

After lodging your appeal you may have reconsidered your position and decide to withdraw the appeal.

To withdraw your appeal prior to the hearing you must advise the Registrar at the earliest opportunity by telephone – the mobile phone number is on the appeal form - or by email.

With the approval of the Presiding Member, you can withdraw your appeal at the hearing.

In withdrawing your appeal you can ask that you are reimbursed all or part of your bond money. Again, any refund is at the discretion of the Tribunal.