On 18 June 2021, the Victorian Civil and Administrative Tribunal (VCAT) made orders by consent of all parties determining the penalty for Nick Tardio in respect of a review of the decision of the HRV Racing Appeals and Disciplinary (RAD) Board of 21 February 2018.
Background
At the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board hearing on 21 February 2018, Mr Tardio pleaded not guilty to a charge issued under Australian Harness Racing Rule (AHRR) 190(1) for presenting the horse ‘Kissed Flush’ to race at Mildura on 4 April 2017, when not free of cobalt, a prohibited substance when present at a concentration greater than 100 micrograms per litre in urine. Mr Tardio was found guilty and issued with an 18-month disqualification. The full HRV RAD Board media release can be found here.
VCAT Penalty
On 18 June 2021, VCAT Deputy President Lambrick made orders, by consent of both HRV and Mr Tardio, to suspend the trainers and drivers licenses of Mr Tardio for a period of 6 months, to commence on 22 June 2021. This penalty is in addition to the periods of disqualification already served by Mr Tardio which totalled 4 months and 19 days, and also the period in which Mr Tardio remained unlicensed as a result of the HRV RAD Board decision.
The VCAT order on penalty dated 18 June 2021 can be viewed here.