Queensland Numbered Acts Queensland Numbered ActsChapter 6 —
insert—
252AA Definitions for part In this part—
"appeal tribunal" see the QCAT Act , schedule 3.
"disqualification action" , against a person, means action that—(a) is disciplinary action relating to the person’s approval or licence or exclusion action against the person; and(b) prevents the person from doing any of the following for a period of 3 months or longer—(i) attending a race meeting;(ii) betting;(iii) bookmaking;(iv) racing an animal.Examples—• disciplinary action to suspend the licence of a licence holder for an animal for 3 months• disciplinary action to cancel the licence of a licence holder• exclusion action to warn off a person from entering, or remaining at, a racecourse for 6 months
"exclusion action" , against a person, means action taken by a steward—(a) to name the person on a list kept under the rules of racing that identifies persons whose entitlements under the rules are forfeited; or(b) to warn off the person from entering, or remaining at, a place being used for a race meeting.
"racing decision" , of a steward, means a decision of the steward under the rules of racing for a code of racing.
"remote conferencing" means a form of communication that allows a person to hear and take part in discussions as they happen.Examples—teleconferencing, videoconferencing
252AB Applying for review(1) A person may apply to the panel for a review, under this part, of a racing decision of a steward to—(a) take disciplinary action relating to the person’s approval or licence; or(b) take exclusion action against the person; or(c) otherwise impose a penalty, whether monetary or non-monetary, on the person.(2) The application must—(a) be made to the panel within 3 business days after the day the person is given notice of the racing decision; and(b) be in the approved form; and(c) be accompanied by the fee prescribed by regulation.(3) The chairperson may decide to accept the application after the period mentioned in subsection (2)(a) has ended if, in the opinion of the chairperson, it would be unjust to refuse to accept the application.(4) The making of the application does not affect the operation of the racing decision or prevent the decision being implemented.(5) However, subsection (4) does not apply to the extent the operation of the racing decision is stayed under section 252AT.(6) An application made under this section is a
"panel review application" .
252AC Parties to application The parties to the panel review application are the applicant and the commission.
252AD Constituting panel for application(1) The panel for deciding a panel review application is to be constituted by—(a) the chairperson; and(b) 2 other members, chosen by the chairperson.(2) However, the panel may be constituted in the way decided by the chairperson, including by the chairperson alone, if the panel review application relates to a racing decision of a steward—(a) to impose a monetary penalty for an amount no greater than $200; or(b) to take disciplinary action relating to a person’s approval or licence that has effect for no longer than 8 days; or(c) to take exclusion action against a person that has effect for no longer than 8 days.(3) When choosing a member for the panel, the chairperson may consider—(a) the nature, importance and complexity of the panel review application to be heard and decided by the panel; and(b) the need for any special knowledge, expertise or experience relating to the application; and(c) any other matter the chairperson considers relevant.
252AE Disclosure of conflicting interest(1) This section applies if a member of the panel for a panel review application has or acquires a conflicting interest in relation to the application.(2) The member must—(a) declare the conflicting interest to the chairperson as soon as practicable after the member becomes aware of the interest; and(b) withdraw from the panel for the panel review application.(3) As soon as practicable after becoming aware of the member’s conflicting interest, the chairperson must choose a different member for the panel.(4) However, subsections (2)(b) and (3) do not apply if—(a) the member discloses the conflicting interest to the parties to the panel review application; and(b) the parties agree to the member continuing on the panel to decide the application.(5) The chairperson must make a record of the matters mentioned in subsections (3) and (4).(6) If the member who has or acquires the conflicting interest is the chairperson, a reference to the chairperson in subsections (2), (3) and (5) and section 252AD(1)(a) is taken to be a reference to a deputy chairperson.(7) In this section—
"conflicting interest" , of a member in relation to a panel review application, means an interest, whether financial or otherwise, held or acquired by the member that may conflict with the proper performance of the member’s functions in relation to deciding the application.
252AF Way application decided(1) The panel for a panel review application may decide the application in the way it considers appropriate, including, for example—(a) by holding a hearing in person; or(b) by holding a hearing using remote conferencing; or(c) by deciding the application on the basis of documents without a hearing.(2) If the panel decides to hold a hearing, it must be conducted in accordance with subdivision 2.(3) If the panel decides not to hold a hearing, the panel must ensure the information considered by the panel is made publicly available to the same extent as if the panel review application were heard in public.(4) Subsection (3) does not apply in relation to any information the panel decides is not to be made publicly available based on a non-disclosure ground.
252AG When application must be decided The panel for the panel review application must decide the application—(a) if the application relates to a racing decision of a steward to take disqualification action against a person—within 20 business days after the application is made; or(b) otherwise—within 7 business days after the application is made.
252AH Decision of panel(1) The panel must review the racing decision the subject of the panel review application and decide to—(a) confirm the racing decision; or(b) vary the racing decision; or(c) set aside the racing decision and substitute the panel’s own decision.(2) If the panel confirms the racing decision, it is taken to be the decision of the panel.(3) If the panel’s decision includes the taking of disqualification action against the applicant, the panel must decide whether the action is taken because of a serious risk caused to—(a) the welfare or health of an animal; or(b) the safety of any person; or(c) the integrity of the Queensland racing industry.Note—See also section 252AV(2) preventing a stay of particular decisions.(4) The panel must give the parties to the panel review application a notice stating—(a) the panel’s decision, including, if applicable, the matters mentioned in subsection (3); and(b) the reasons for the panel’s decision.(5) The panel’s decision takes effect—(a) on the day the notice is given to the parties; or(b) if a later day is stated in the notice—on the later day.
252AI Notice of hearing(1) The registrar must give the parties to a panel review application notice of the time and place of a hearing of the application.(2) The notice must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.
252AJ Public hearing(1) The hearing of a panel review application must be held in public.(2) However, the panel may, on application by a party or on the panel’s own initiative, decide that the hearing, or part of the hearing, is to be held in private.(3) A decision under subsection (2) may be made only if the panel considers information proposed to be disclosed at the hearing should not be made publicly available based on a non-disclosure ground.(4) To the extent the hearing is heard in private under subsection (2), the panel may limit who may be present at the hearing.(5) The hearing may be held at any place in Queensland or by remote conferencing.(6) The panel may adjourn the hearing.
252AK Requiring witness to attend or produce document or thing(1) On the application of a party or on the panel’s own initiative, the panel may give a person a notice requiring the person—(a) to attend the hearing of a panel review application to give evidence; or(b) to produce a stated document or other thing to the panel for the hearing.Note—See section 252AL for the consequences of failing to comply with the notice.(2) However, the notice may be given only if the panel reasonably believes the person has information, or the document or thing contains information, required for consideration of the panel review application.(3) A notice under subsection (1) must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.(4) A person given a notice under subsection (1) is entitled to be paid the fees and allowances decided by the panel.(5) The fees and allowances must be paid—(a) if the notice was given on the application of a party—by the party; or(b) otherwise—by the parties in the proportions decided by the panel.
252AL Offences for witness(1) A person given a notice under section 252AK(1) must not fail, without a reasonable excuse, to comply with the notice.Penalty—Maximum penalty—100 penalty units.(2) A person appearing as a witness at a hearing of a panel review application must not—(a) fail to take an oath or affirmation when required by the panel; or(b) fail, without a reasonable excuse, to answer a question the person is required to answer by the panel.Penalty—Maximum penalty—100 penalty units.(3) It is a reasonable excuse for an individual to refuse to answer a question, or produce a document or other thing, if the answer, or the production of the document or thing, might tend to incriminate the individual or expose the individual to a penalty.
252AM Hearing in absence of parties or others(1) The panel may hear a panel review application in the absence of a party to the application if—(a) the panel is satisfied the party has been given notice of the hearing under section 252AI; and(b) the panel is satisfied the party did not have a reasonable excuse for failing to attend.(2) Also, the panel may hear a panel review application in the absence of any other person who has been given reasonable notice of the hearing.
252AN Contempt of panel at hearing A person must not—(a) insult a member while the member is—(i) participating in a hearing of a panel review application; or(ii) entering or leaving the place where the panel is hearing a panel review application; or(b) unreasonably or deliberately interrupt a hearing of a panel review application; or(c) create or continue, or join in creating or continuing, a disturbance in or near a place where the panel is hearing a panel review application.Penalty—Maximum penalty—30 penalty units.
252AO Conducting review generally(1) In deciding a panel review application, the panel—(a) must act with impartiality; and(b) must observe the rules of natural justice; and(c) is not bound by the rules of evidence; and(d) may inform itself in any way it considers appropriate.(2) Subject to this part, the procedure for deciding a panel review application is at the discretion of the panel.
252AP Evidence before panel(1) For deciding a panel review application, the panel may—(a) require a person to give evidence on oath or affirmation; or(b) take evidence from a person on oath or affirmation; or(c) administer an oath or affirmation to a person.(2) The panel may permit a person to give evidence on oath or affirmation by tendering a written statement verified by oath or affirmation.
252AQ Applicant bears own costs The applicant for a panel review application must bear the applicant’s own costs.
252AR Withdrawal of application The applicant for a panel review application may withdraw the application at any time.
252AS Record of review(1) The registrar must keep a record of any documents produced to the panel for deciding a panel review application.(2) Subject to subsection (3), a person may, on payment of the fee prescribed by regulation—(a) inspect a record kept under subsection (1); or(b) obtain a copy of a record, or a part of a record, kept under subsection (1).(3) If the person is a party to the panel review application, the person may inspect the record without charge.(4) Subsections (2) and (3) do not apply in relation to any part of a record containing information the panel has decided is not to be made publicly available based on a non-disclosure ground.(5) This section does not affect the operation of another Act that provides for the recording or keeping of evidence.
252AT Staying operation of racing decision(1) The applicant for a panel review application may apply to the panel for a stay of the operation of the racing decision to which the application relates.(2) The panel may stay the operation of the racing decision to secure the effectiveness of the review of the decision by the panel.(3) The panel may stay the operation of the racing decision on the conditions, and for the period, decided by the panel.(4) However, the period of the stay must not extend past the time when the panel decides the panel review application.
252AU Appealing disqualification action to appeal tribunal(1) This section applies if—(a) the panel’s decision on a panel review application includes the taking of disqualification action against a person; and(b) a person who is a party to the application is dissatisfied with the panel’s decision.(2) The person may appeal to the appeal tribunal against the panel’s decision only on a question of law relating to the extent of the disqualification action.(3) The notice of appeal must, unless the appeal tribunal orders otherwise—(a) be filed in the tribunal’s registry within 28 days after the date of the panel’s decision; and(b) be served on the commission within 7 days after being filed.(4) The appeal tribunal has jurisdiction to hear and decide the appeal.(5) The starting of the appeal does not affect the operation of the panel’s decision or prevent the decision being implemented.(6) However, subsection (5) does not apply to the extent the operation of the panel’s decision is stayed under section 252AV.
252AV Staying operation of panel’s decision(1) A person appealing a decision of the panel under section 252AU may apply to the appeal tribunal for a stay of the operation of the decision.(2) However, subsection (1) does not apply if the notice of the panel’s decision states, under section 252AH(3), that the decision includes disqualification action taken against a person because of a serious risk mentioned in the section.(3) The appeal tribunal may stay the operation of the panel’s decision on the conditions, and for the period, decided by the tribunal.(4) However, the period of the stay must not extend past the time when the appeal tribunal decides the appeal.
252AW Establishment of panel The Racing Appeals Panel (the
"panel" ) is established.
252AX Finances of panel The panel is part of the department for the Financial Accountability Act 2009 .
252AY Functions of panel The functions of the panel are—(a) to hear and decide each application for review of a racing decision of a steward; and(b) any other function given to the panel under this Act or another Act.
252AZ Powers The panel has the power to do anything necessary or convenient to be done to perform its functions.
252BA Independence of panel and members In performing functions or exercising powers, the panel and members—(a) must act independently, impartially and fairly; and(b) are not subject to direction or control by any entity, including any Minister.
252BB Composition of panel The panel consists of the following members appointed by the Governor in Council—(a) the chairperson;(b) at least 2 deputy chairpersons;(c) at least 3 other members.
252BC Appointment(1) The Governor in Council is to appoint each member of the panel, including the chairperson and deputy chairpersons, on the recommendation of the Minister.(2) The Minister must recommend persons for appointment to the panel who have experience in a sufficient range of areas mentioned in section 252BD(1)(b) to allow the panel to perform its functions.(3) The Minister may recommend a person for appointment only if the Minister is satisfied the person is eligible for appointment under section 252BD.
252BD Eligibility for appointment(1) A person is eligible for appointment to the panel if—(a) for appointment as the chairperson or a deputy chairperson—the person is a lawyer of at least 5 years standing; or(b) otherwise—the person has professional experience in 1 or more of the following areas—(i) chemistry relating to animals;(ii) law;(iii) racing;(iv) veterinary science.(2) However, a person is not eligible for appointment to the panel if the person—(a) is, or has in the 2 years before the proposed appointment, been a member or employee of a control body; or(b) is registered or licensed by a control body; or(c) has a financial or proprietary interest in a licensed animal; or(d) is a member of a committee, or an employee, of—(i) a licensed club; or(ii) an association formed in Australia to promote the interests of 1 or more participants in a code of racing; or(e) is affected by bankruptcy action; or(f) has a conviction, other than a spent conviction, for—(i) an offence against this Act or the Racing Act ; or(ii) an indictable offence against any Act; or(iii) an indictable offence against a law of another State.(3) In this section—
"interstate rehabilitation law" means a law applying, or that applied, in another State that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 .
"spent conviction" —(a) for an offence against this Act or another Act—see the Racing Act , schedule 1; or(b) for an indictable offence against a law of another State—means a conviction for an offence committed by a person against a law of the other State that the person is not required to disclose under an interstate rehabilitation law.
252BE Term of appointment(1) A member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.(2) Subsection (1) does not prevent a person being reappointed as a member.
252BF Conditions of appointment(1) A member is appointed under this Act and not the Public Service Act 2008 .(2) Each member—(a) is entitled to be paid the remuneration and allowances decided by the Governor in Council; and(b) holds office on the conditions stated in the member’s instrument of appointment.
252BG Functions of members(1) The functions of the chairperson are—(a) to choose members to constitute the panel to hear and decide a panel review application; and(b) to manage the business and overall performance of the panel to ensure it operates efficiently; and(c) to give directions about practices and procedures to promote the making of high quality and consistent decisions by the panel; and(d) to ensure members are adequately trained to perform the functions and exercise the powers of the panel; and(e) to ensure the report mentioned in section 252BP is prepared.(2) The function of a deputy chairperson is to act as, and perform the functions of, the chairperson when—(a) there is a vacancy in the office of the chairperson; or(b) the chairperson has a conflicting interest under section 252AE in relation to a panel review application; or(c) the chairperson is absent or otherwise cannot perform the functions of the office.(3) The function of all members is to participate in the panel to hear and decide, under part 4, matters for which the panel is constituted.
252BH Resignation(1) A member may resign by signed notice given to the Minister.(2) The resignation takes effect on—(a) the day the notice is given; or(b) if a later day is stated in the notice—the later day.
252BI Removal from office(1) The Governor in Council may, on the recommendation of the Minister at any time, remove a person from office as a member of the panel.(2) The Minister may recommend the person’s removal if the Minister is satisfied the person—(a) is no longer eligible for appointment for a reason mentioned in section 252BD(2); or(b) is incapable of performing the functions or exercising the powers of the office; or(c) has neglected the functions or powers of the office or performed the functions or exercised the powers incompetently; or(d) has engaged in conduct that would warrant dismissal from the public service if the person were a public service officer.
252BJ Vacancy in office The office of a member becomes vacant if the member—(a) completes a term of office and is not reappointed; or(b) resigns under section 252BH; or(c) is removed from office under section 252BI.
252BK Registrar and other staff(1) The chief executive must appoint—(a) an appropriately qualified person to be the registrar of the panel; and(b) staff to assist the panel to perform its functions effectively.(2) A person appointed under subsection (1) is employed under the Public Service Act 2008 .
252BL Functions of registrar The functions of the registrar are—(a) the functions given to the registrar under this part and part 4; and(b) to do any other thing necessary or convenient for the effective and efficient performance of the panel’s functions.
252BM Register of decisions(1) The registrar must keep a register that includes—(a) a brief description of each panel review application that has been made; and(b) the information in the notice of the panel’s decision on the application, given under section 252AH(4).(2) The registrar must make a copy of the register available for inspection by the public on the panel’s website.(3) However, the copy of the register must not include any information that the panel has decided is not to be made publicly available based on a non-disclosure ground.
252BN Criminal history report(1) This section applies for considering whether a person—(a) is eligible under section 252BD to be appointed as a member of the panel; or(b) is to be recommended for removal from office as a member of the panel under section 252BI(2)(a).(2) The Minister may ask the police commissioner for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.(3) However, if subsection (1)(a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.(4) The police commissioner must comply with the request.(5) The duty to comply applies only to information in the police commissioner’s possession or to which the commissioner has access.(6) Before using information obtained under this section to make a decision, the Minister must—(a) disclose the information to the person; and(b) allow the person a reasonable opportunity to make representations to the Minister about the information.(7) The Minister must ensure a report given under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
252BO Changes in criminal history must be disclosed(1) This section applies if a member is charged with or convicted of an offence mentioned in section 252BD(2)(f).(2) The member must immediately give the Minister notice of the charge or conviction, unless the member has a reasonable excuse.Penalty—Maximum penalty—100 penalty units.(3) The notice must include the following information—(a) the existence of the charge or conviction;(b) details adequate to identify the offence committed or alleged to have been committed;(c) when the offence was committed or alleged to have been committed;(d) for a conviction—the sentence imposed on the member.
252BP Annual performance report(1) After the end of each financial year, the chairperson must ensure a written report is given to the Minister about the panel’s performance in relation to the following matters—(a) the operation of the panel for the year and any proposals to improve the operation of the panel;(b) the number of panel review applications received by the panel in the year;(c) the number of applications decided by the panel in the year and a brief description of the nature of the decisions made;(d) any matters affecting the panel’s ability to decide applications in the year.(2) The chairperson must give the report to the Minister no later than 3 months after the end of the financial year to which the report relates.(3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.