On 11 October 2024, the Victorian Civil and Administrative Tribunal (VCAT) handed down its decision in relation to an application lodged by licensed trainer-driver John Nicholson seeking review of the penalties imposed by the Victorian Racing Tribunal (VRT) on 6 September 2023.
Background
On 6 September 2023, Mr Nicholson pleaded guilty to four charges Australian Harness Racing Rules (AHRR) 173(1) and 173(4) relating to wagering activity on his betting account.
After hearing submissions, the penalties imposed by the VRT were as follows:
Charge 1 – AHRR 173(1) - 18 months suspension, with six months of that suspended for 24 months. To be served concurrently with Charge 3.
Charge 2 – AHRR 173(1) - 18 months suspension, with six months of that suspended for 24 months. To be served concurrently with Charge 3.
Charge 3 – AHRR 173(1) - 18 months suspension, with six months of that suspended for 24 months. If a relevant offence is committed in that 24-month period, the six month suspension will be activated.
Charge 4 – AHRR 173(4) - $800 fine
The suspensions were imposed on Mr Nicholson’s training and driving licences, effective immediately.
The details of the VRT hearing can be found here.
VCAT
Mr Nicholson lodged an application with VCAT to review the penalties imposed by the VRT on 6 September 2023.
On 5 December 2023, VCAT stayed the VRT decision until the determination of the application.
At the VCAT hearing on 1 August 2024, submissions were made by Andrew Cusumano on behalf of the HRV Stewards, and by Rick Jones on behalf of Mr Nicholson. VCAT reserved its decision.
On 11 October 2024, VCAT Member Edward de Zilwa affirmed the decision of the VRT, with the decision to come into effect on 11 November 2024.
Mr Nicholson has already served part of the effective suspension imposed by the VRT, being the period between 6 September 2023 and 5 December 2023. Accordingly, the remainder of Mr Nicholson’s effective suspension will recommence on 11 November 2024.
The written decision of VCAT can be found here.