Western Australian Current Acts Western Australian Current Acts (1) At the hearing of
an appeal the Tribunal, if it considers in the circumstances of the case that
it would be just to do so, may permit the appellant to amend the grounds of
appeal.
(2) The Tribunal shall
have the power to enlarge or abridge the times fixed or appointed by this Act
or the Tribunal as it sees fit.
(3) The Tribunal may
by summons signed by the Registrar before or during the hearing of an appeal
call upon any person to appear before it to —
(a) give
evidence in such manner as may be directed; and
(b)
produce such papers, documents, exhibits or other things; and
(c)
furnish such information,
as the Tribunal
determines to be necessary or proper for the purpose of the hearing.
(4) The Tribunal may
—
(a)
inspect any document, exhibit or other thing produced before the Tribunal, and
retain it for such reasonable period as the Tribunal thinks fit, and make
copies of any document or any of its contents; and
(b)
inspect any racecourse or other place or facilities relevant to the
proceedings; and
(c)
require any person to swear or affirm that the person will truly answer all
questions relating to a matter being inquired into by the Tribunal that are
put to the person either by or before the Tribunal (and for that purpose the
member presiding, the Registrar or an officer employed in the Public Service
of the State and assisting the Tribunal may administer any oath or
affirmation); and
(d)
require any person appearing before the Tribunal, and any person whose conduct
is or becomes a matter of inquiry at that appeal whether or not that person
was initially summoned to appear, to answer any relevant question put to that
person by a member of the Tribunal or by any other person appearing before the
Tribunal.
(5) A person is not
excused from complying with a requirement under subsection (4) to swear or
affirm, or to answer any question, on the ground that the answer to a question
put to the person might incriminate the person or render the person liable to
a penalty, but an answer given by a person pursuant to a requirement under
subsection (4) is not admissible in evidence against the person in any civil
or criminal proceedings other than proceedings for perjury or for an offence
arising out of the false or misleading nature of that answer.
(6) In the course of
any proceedings the Tribunal may —
(a)
receive in evidence any transcript of evidence in proceedings before a court
or other person acting judicially and draw any conclusion of fact from that
evidence; or
(b)
receive and admit any evidence given by affidavit or statutory declaration, or
otherwise in a manner the member presiding determines to be appropriate,
having regard to the principles of natural justice; or
(c)
adopt, in the discretion of the member presiding, any finding, decision, or
judgment of a court or other person acting judicially that is relevant to the
proceedings before the Tribunal; or
(d)
adjourn the hearing from time to time or from place to place, upon such
conditions as the member presiding thinks fit.
(7) Upon, or prior to,
the hearing of an appeal the Chairperson or the member appointed to preside at
the Tribunal determining that appeal may, by direction signed by the
Registrar, direct RWWA, a steward, racing club or committee, as appropriate,
to suspend the operation of any order, or any pecuniary or other penalty
imposed, or any consequences arising from any determination or finding, in
relation to which that person has a right of appeal —
(a) to
RWWA; or
(b) to
the Tribunal; or
(c) to
both,
until that right of
appeal is exercised or has lapsed and, if exercised, until the appeal is
determined, but shall not make any such direction if it would prejudice a stay
of proceedings implemented by RWWA or by that steward, racing club or
committee or where it appears that the primary reason for a request to do so
is to allow the appellant to continue to undertake riding or driving
engagements or to conduct business pending the appeal for a period in excess
of that which may be permitted by RWWA.
(8) The member
presiding may direct that any evidence given before the Tribunal, or the
contents of any documents or a report as to the nature of any exhibit or other
thing there produced, shall not be published.
(9) Upon the
determination of an appeal the Tribunal may —
(a)
order the refund or repayment of any stakes paid in respect of a race to which
the appeal relates; and
(b)
refer the matter to RWWA or the appropriate racing club, committee or stewards
for rehearing; and
(c)
confirm, vary or set aside the determination or finding appealed against or
any order or penalty imposed to which it relates; and
(d)
recommend, or require, that RWWA or the appropriate racing club, committee or
stewards take further action in relation to any person; and
(e) make
such other order as the member presiding may think proper including an order
for the total or partial refund of any fee paid or, subject to subsection
(10), an order that all or any of the costs and expenses of the Tribunal or
any party to the appeal shall be paid by a specified person; and
(f)
where the payment of costs or expenses is ordered, fix the amount to be paid.
(10) An order for the
payment of costs shall not be imposed save where the member presiding is
satisfied that the appeal, or the aspect of the appeal to which the order
relates, was vexatious or frivolous.
[Section 17 amended: No. 35 of 2003 s. 187.]