Auld v Queensland Racing Ltd

In the Queensland Civil and Administrative Tribunal, Mr Ray McInnes Auld, a licensed stable hand, applied to review a decision of the Stewards of Queensland Racing, who had disqualified him from holding a stable hand's licence for three months. Mr Auld pleaded guilty to a charge under Australian Racing Rule 175(q) for engaging in misconduct, improper conduct, or unseemly behaviour. The Tribunal was required to determine whether the Stewards' decision to disqualify Mr Auld for three months was appropriate, having regard to the level of provocation he experienced and other mitigating factors.

The Tribunal found that there had been ongoing friction between Mr Auld and Ms Saal, another licensed stable hand, which culminated in Ms Saal striking Mr Auld in the face with a lead rope. Mr Auld retaliated by striking Ms Saal at least once. The Tribunal found that Mr Auld's response was an instantaneous reaction to being provoked and that he was provoked into striking Ms Saal. Although the Tribunal found that Ms Saal's conduct was the primary cause of the conflict, it could not ignore the serious consequences of Mr Auld's assault, even though it was provoked. The Tribunal was of the view that the sanction imposed by the Stewards did not properly reflect the full extent of the provocation. The Tribunal concluded that a disqualification of six weeks would properly reflect the gravity of Mr Auld's conduct.

The Tribunal set aside the Stewards' decision and imposed a disqualification of six weeks from 10 July 2013. The Tribunal emphasised that the overall conduct of both Mr Auld and Ms Saal, not just the physical altercation, was quite disgraceful and brought the racing industry into disrepute. The Tribunal recognised that the Stewards have a responsibility to ensure racecourses are a safe place to work and that they must impose sanctions that reflect the seriousness of the conduct both as a deterrence and a punishment. However, the Tribunal found that the disparity in punishment between Mr Auld and Ms Saal was concerning, particularly given that Ms Saal struck Mr Auld in the face with a lead rope which left a noticeable welt and bruise. The Tribunal considered that the lead rope was used as a weapon and that Ms Saal's conduct was, in the main, the cause of the conflict between the parties.