Rob Anderson KC appeared for the respondent, instructed the Queensland Racing Integrity Commission.
This case concerned an application for review concerning a decision Stewards of the Queensland Racing Integrity Commission that the appellant’s previous breach of the Greyhound Racing Rules (GRR) 86(af) amounted to a breach of Rules 159(1) and 161(1) of the new Greyhounds Australasia Rules (GAR).
The central issues considered by the panel was whether the Racing Appeals Panel has jurisdiction under s 252AB of the Racing Integrity Act 2016 (the Act) to review the Stewards’ decision, whether Rules 159(1) and 161(1) of the GAR are being applied retrospectively to breaches which occurred in 2014, and if the Panel does have jurisdiction, and the Rules 159(1) and 161(1) are not being retrospectively applied, was it open for the Stewards to conclude on the evidence before them that the appellant had engaged in live baiting so as to activate those rules.
The panel ultimately found that it had jurisdiction to determine the review application under s 252AB(c) of the Act, per the definition of penalties under Rule 9 of the GAR. The panel then found that Rules 159(1) and 161(1) of the GAR, were not retrospectively applied, and that the appellants conduct which was previously a breach of the GRR, Rule 86(af), would amount to a breach of rule 159(1)(a) of the Greyhounds Australasia Rules.
The judgment can be read by clicking here
