Western Australian Current Acts

RACING PENALTIES (APPEALS) ACT 1990 - SECT 11

11 .         Proceedings before Tribunal

        (1)         The Tribunal, comprising the member or members by which it is for the time being constituted, shall —

            (a)         conduct its proceedings at such times and places as are necessary to enable it to discharge its functions; and

            (b)         act according to equity, good conscience and the substantial merits of the case; and

            (c)         observe the principles of natural justice.

        (2)         The Minister may at any time require the Chairperson to convene a meeting of the Tribunal, in relation to any matter in respect of which a notice of appeal has been lodged under this Act.

        (3)         At any proceedings —

            (a)         the member presiding shall determine any question relating to —

                  (i)         the jurisdiction of the Tribunal; and

                  (ii)         the admissibility of evidence; and

                  (iii)         law or procedure;

                and

            (b)         subject to paragraph (a), any decision of the Tribunal shall be determined by a majority vote of its members, but the member presiding shall have a casting vote in addition to a deliberative vote should the votes be otherwise equal; and

            (c)         an appeal shall be heard and determined upon the evidence at the original hearing when the decision or finding appealed against was made, but, if the member presiding considers that to be proper, expert or other evidence may be required or admitted; and

            (d)         the Tribunal may appoint persons to act as —

                  (i)         counsel; or

                  (ii)         expert or technical advisers,

                to assist the Tribunal; and

            (e)         the Tribunal —

                  (i)         is to make a full and thorough investigation in open court, without regard to the forms, requirements or solemnities that might have been appropriate in legal proceedings; and

                  (ii)         may inform itself on any matter in such manner as it thinks fit, and admit any evidence considered by the member presiding to be relevant notwithstanding that that evidence would not be admissible in a court of law; and

                  (iii)         may take into account any matters relating to, or to the administration of, racing that are within the knowledge or experience of a member of the Tribunal or which have arisen in or as a result of other proceedings or appeals before a controlling authority or the Tribunal,

                but may hear evidence in camera in prescribed circumstances.

        (4)         The Tribunal shall cause accurate minutes to be kept of proceedings at its meetings.

        (5)         Where the member presiding is of the opinion that this Act or any regulation relating to the practice or procedure of the Tribunal does not apply to a particular matter or circumstance arising before the Tribunal, the member presiding may issue such directions as that member considers appropriate.