Appeals

Types of appeal that can be made to the Racing Tribunal

Section 50K Appeal:Appealing against suspension, disqualification, warning off or a fine of more than $250

A person can appeal to the Tribunal against a decision made under the rules to impose a penalty if the penalty is a suspension, disqualification, warning off or a fine of more than $250.

For fines of less than $250, please see Applying to Racing Integrity Commissioner in relation to fines of not more than $250.

Section 50M Appeal: Appealing against a decision to refuse to grant an approval for off-course premises

A registered bookmaker can appeal to the tribunal against a decision of a controlling body to:

• refuse to grant an approval;
• cancel, suspend, or vary and approval; or
• not vary an approval following a request made by the bookmaker for a variation of the approval.

Section 50C(f) Appeal: Appealing a decision relating to a Trainer User Agreement

A trainer can appeal to the Tribunal about a decision of a Racing Club arising from a Trainer User Agreement.

Applying to Racing Integrity Commissioner in relation to fines of not more than $250

Where a decision has been made under the rules to impose a fine of not more than $250, the appellant can apply in writing to the Racing Integrity Commissioner and request that the Commissioner direct the tribunal to hear an appeal against the decision to impose the fine.

An application to the Commissioner must be made by 5 pm on the third day after the day the appellant receives notice of the decision they would like to appeal. If the third day falls on a Saturday, Sunday or a public holiday, the time limit is extended to the next business day.

The Commissioner can direct the Tribunal to hear and determine the appeal if it is in the public interest to do so and the application time requirements are met.

How to lodge an appeal

An appeal must be in the prescribed form

• Form 1: Section 50k appeal form

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• Form 2: Section 50M appeal form

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• Form 3: Section 50C(f) appeal form

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A person appealing the decision and/or severity of the penalty imposed on them must complete the appeal form and lodge it with the Tribunal Registrar as outlined on the Notice of Appeal form.

The appeal must be lodged by 5pm on the third calendar day (not business day) following the date of the decision the person wishes to appeal. For example, a Notice of Appeal must be lodged on the Monday if the decision the person wishes to appeal was made on a Friday. The time for lodgement will be extended to the next business day if the third day falls on a day that is a Saturday, Sunday or public holiday.

The Notice of Appeal form is available above and should be emailed to registry@vrt.vic.gov.au

There is no fee for lodging an appeal with the Tribunal.

Out of time appeals

If an appeal is not lodged within the required timeframe, the appellant must provide (in writing) an application to the Tribunal seeking leave to appeal out of time outlining the reasons for failing to lodge the appeal within the required time.

In accordance with section 50N of the Racing Act, leave to appeal may be granted if the Tribunal is of the opinion that the appellant has provided a satisfactory explanation for his or her failure to institute the appeal within the period specified in section 50K(2) or 50M(2) and it considers that it would be unjust to refuse leave to appeal out of time. The decision to grant leave is at the discretion of the Tribunal Chairperson or Deputy Chairperson and generally is only granted where exceptional circumstances are established.

Stay Applications

A stay of proceedings may be requested by completing the relevant section on the Notice of Appeal form. A 'stay' effectively suspends in whole, or in part, the operation of the decision and/or penalty pending the determination of the appeal by the Tribunal. The decision to grant a stay of proceedings is solely at the discretion of the Tribunal and is not granted automatically.

Withdrawing an appeal

If an appellant wishes to withdraw their appeal prior to the hearing, they must write to the Tribunal outlining the reasons for withdrawing the appeal.
An appeal to the Tribunal may not be withdrawn or otherwise not proceeded with by the appellant:

a) unless by leave of the Tribunal; and
b) except upon such terms and conditions as the Tribunal may impose.

In determining whether leave to abandon the appeal should be granted the Tribunal may consider the cost or time imposition already incurred by the Tribunal and/or Stewards.

Appeal process

After the Notice of Appeal has been lodged with the Registrar, the Tribunal Chairperson or Deputy Chairperson will be notified and the matter will be set down for hearing. Any application for a stay of proceedings will be considered by the Chairperson or Deputy Chairperson.

All parties will be advised of the hearing date and time and, if relevant, whether a stay of proceedings has been granted. Prior to the hearing, the Registrar will provide the appellant with any relevant materials. These may include the transcript of the Stewards inquiry, the race day Stewards Report, Race Results/Form and vision of the race or incident.

At the appeal hearing

The order in which the parties present their case to the Tribunal and the procedure adopted will depend on the type of proceeding and may be subject to the discretion of the Tribunal Chairperson.

Generally, hearings operate in the following manner:

• The Stewards lead the evidence and make submissions in support of the charge and/or penalty by referring to the transcript and, where relevant, showing vision of the race or incident. They may also refer to the appellant's record and any other matters that they deem relevant in arriving at their decision.
• The appellant can then question the Stewards on any part of their evidence. An appellant may refer to the transcript and question the Stewards on their interpretation of the vision.
• The appellant will lead their evidence and make submissions to the Tribunal about why the decision or penalty should be overturned or reduced. The evidence relied upon to support their submissions may include reference to the transcript or outline their interpretation of the vision. The appellant may also raise financial or personal matters in mitigation of any penalty.
• The Stewards will then be able to question the appellant on any part of their evidence.

Timeline for the Tribunal to make its decision

After the parties have led their evidence and made submissions, the Tribunal will retire to make its decision. Generally, the Tribunal will hand down its decision shortly thereafter.

Where an appeal was made against the decision and the penalty and the Tribunal dismisses the appeal against the decision, the Tribunal will generally hear further submissions from both parties in relation to the penalty.

The Tribunal will then retire to make its decision on the penalty and hand this down shortly thereafter. For more involved or complex matters the Tribunal may decide to adjourn and hand down their decision at a later date.

The transcript of the Tribunal's reasons for decision will appear on the Decisions page of the Tribunal website as soon as it has been transcribed. This usually occurs within 1-3 days after the hearing.

Racing riders and drivers should note that if they book engagements for race meetings after the hearing date of an appeal, the engagements are booked on the understanding that if the appeal is unsuccessful, a suspension may begin immediately and the appellant will be unable to fulfil the engagement.

Hearing protocols

• Remote Hearing

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• Remote Hearing

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Appealing a VRT decision

Applying to the Victorian Civil and Administrative Tribunal (VCAT) to appeal a VRT decision

When seeking to appeal a VRT decision in relation to only the penalty imposed, the appropriate course is to appeal to VCAT. An 'Application for Review' form must be completed and lodged directly with VCAT along with payment of a fee. If a stay of proceedings is being sought, this must be applied for upon lodging the appeal with VCAT.

Further information regarding the VCAT appeal process can be obtained from the VCAT website.

Applications must be lodged within 28 days from the date of the VRT decision.

Please contact VCAT directly on 1300 01 8228 or via email at admin@vcat.vic.gov.au regarding any questions about the VCAT appeal process.

Applying to the Supreme Court of Victoria (SCV) to appeal a VRT decision

When seeking to appeal the entirety of a VRT decision, the appropriate course is to appeal to SCV. If a stay of proceedings is being sought, this must be applied for upon lodging the appeal with SCV.

Further information regarding the SCV appeal process can be obtained from the SCV website.

Appeals must be lodged within 60 days from the date of the VRT decision.

Please contact SCV directly on 03 8600 2000 or via email at principalregistry@supcourt.vic.gov.au regarding any questions about the SCV appeal process.

SCV also have a Self-Represented Litigant (SRL) Coordinator who can provide procedural advice. The SRL coordinator can be contacted on 03 8600 2031 or via email at unrepresented@supcourt.vic.gov.au.