LOCAL RULES OF HARNESS RACING NSW
New South Wales Harness Racing Appeal Panel
NSWLR 181APursuant to section 34B of the Act, the New South Wales Harness Racing Appeal Panel has been introduced to hear appeals from certain decisions of the Controlling Body.
Decisions which may be appealed to the New South Wales Harness Racing Appeal Panel
NSWLR 181BPursuant to section 34B(1) of the Act, a person aggrieved by any of the following decisions of the Controlling Body may appeal such decision to the New South Wales Harness Racing Appeal Panel:
(a) a decision to disqualify or warn off a person;
(b) a decision to disqualify a harness racing horse;
(c) a decision to revoke or suspend the registration of a person;
(d) a decision to fine a person a sum of $200 or more;
(e) a decision specified in the rules for the purposes of this section.
Lodging appeals and the procedure on appeals
NSWLR 181C(1) Any appeal against a period of suspension incurred by a driver of four weeks or less must be lodged by the appellant within one day of becoming aware of the decision appealed against and any appeal must be heard and determined within 9 days of the date that the suspension was imposed (unless the New South Wales Harness Racing Appeal Panel is unable to do so solely due to unavailability of the New South Wales Harness Racing Appeal Panel members, in which case the appeal is to be heard and determined as soon as the New South Wales Harness Racing Appeal Panel is able to do so).
(2) All other appeals must be lodged by the appellant within 2 days of becoming aware of the decision appealed against.
(3) The New South Wales Harness Racing Appeal Panel may, in its discretion, entertain an appeal which for exceptional circumstances is out of time under the provision of either subrules (1) or (2) above.
(4) For the purpose of this rule, in relation to the time by which a person must commence an appeal, a reference to a ‘day’ shall exclude a Saturday, Sunday or declared Public Holiday.
(5) All appeals must be made in writing by the appellant in the form prescribed by HRNSW and be lodged (either in person or by email) with the Appeals Co-ordinator of the New South Wales Harness Racing Appeal Panel.
(6) All appeals must be accompanied by a fee of $250.00 and be lodged (either in person or electronically) with the Appeals Co-ordinator of the New South Wales Harness Racing Appeal Panel.
(7) A stay of proceedings may not be sought in respect of appeals of suspensions of 4 weeks or less. In the event that a stay of proceedings is sought by the appellant in respect of any other decision, an application for a stay of proceedings must be lodged at the time that the appeal is lodged, in the form prescribed by HRNSW, with the Appeals Co-ordinator of the New South Wales Harness Racing Appeal Panel.
(8) No appeal may be withdrawn except with leave of the New South Wales Harness Racing Appeal Panel. In granting leave to withdraw an appeal, the New South Wales Harness Racing Appeal Panel may impose such terms and conditions as it thinks fit, including as to the payment of the costs of the appeal by one party to another.
(9) The New South Wales Harness Racing Appeal Panel shall hear and determine appeals that come within its jurisdiction as provided for under the Act.
Procedure on appeals
NSWLR 181D(1) Pursuant to section 34C(1) of the Act, an appeal to the New South Wales Harness Racing Appeal Panel is to be conducted as a new hearing and otherwise in accordance with section 34C of the Act.
(2) All appeals are in the nature of re-hearings, the evidence to be considered being the evidence adduced at the hearing in respect of the decision appealed against, subject to the discretion of the New South Wales Harness Racing Appeal Panel to admit or receive further evidence as provided for by section 34C(2) of the Act.
(3) The general procedure at all appeals is governed by section 34C of the Act, which may be supplemented from time to time by these Local Rules.
(4) Before the New South Wales Harness Racing Appeal Panel, an appellant may, by leave of the New South Wales Harness Racing Appeal Panel, be represented by a member of the legal profession.
(5) The New South Wales Harness Racing Appeal Panel may have such persons to assist it as in its discretion it may deem necessary.
(6) Any fresh evidence not tendered at the Stewards hearing intended to be relied upon by any party to an appeal must be served on the Appeals Co-ordinator at least five clear days prior to the date set down for the hearing of the Appeal.
(7) The New South Wales Harness Racing Appeal Panel is to commence the hearing of an appeal as soon as practicable, and in any event, within 28 days of the lodging of any appeal. The New South Wales Harness Racing Appeal Panel may extend the period within which it is to commence the hearing of an appeal if it determines that special or exceptional circumstances exist that justify that extension. The fact that the appellant’s preferred legal counsel (if granted leave to appear) is not available on the date set down for the hearing of the appeal will not ordinarily constitute special or exceptional circumstances.
Powers of the New South Wales Harness Racing Appeal Panel on appeals and stay applications
NSWLR 181E(1) On the lodging of an appeal and an application for a stay of proceedings, the New South Wales Harness Racing Appeal Panel has the power to grant a stay of proceedings in circumstances where it considers that a substantial injustice may be caused to the appellant if the stay is not granted. A stay of proceedings is not however to be granted in respect of an appeal against a period of suspension of a HRNSW driver licence of four weeks or less, unless the New South Wales Harness Racing Appeal Panel is unable to hear the appeal within 9 days of the date that the suspension was imposed due to unavailability of New South Wales Harness Racing Appeal Panel members.
(2) The power to grant a stay may be exercised, in respect of appeals to the New South Wales Harness Racing Appeal Panel, by the Presiding Member or the Convenor of the New South Wales Harness Racing Appeal Panel.
The hearing of an appeal
NSWLR 181FUpon the hearing of an appeal the New South Wales Harness Racing Appeal Panel has the following powers under section 34D of the Act:
(a) to dismiss the appeal or confirm the decision which is appealed against;
(b) to vary the decision by making a decision that could have been made by the Controlling Body;
(c) to refer a matter relating to the decision to the Controlling Body for rehearing in accordance with directions given by the New South Wales Harness Racing Appeal Panel;
(d) to make another order in relation to the disposal of the appeal that the New South Wales Harness Racing Appeal Panel thinks appropriate;
(e) to make such order as it thinks appropriate as to the amount of costs and expenses of any appeal and for the payment of same, and with reference to the disposal of any fee paid by the appellant for the commencement of the appeal.
Questions
If you have any questions please contact the Appeals Secretary:
Ms Diane Lobb
| Ph: |
02 9722 6610 |
| Fx: |
02 8580 5791 |
Email: appeals@hrnsw.com.au
Lodge Appeal Forms
Please email any forms to:
appeals@hrnsw.com.au
Or post to:
The Appeals Secretary
Ms Diane Lobb
PO Box 1034
Bankstown NSW 1885