Australian Racing Drivers' Club v Office of Sport

[2021] NSWCATAD 343

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Australian Racing Drivers’ Club v Office of Sport [2021] NSWCATAD 343

Hearing dates:

2, 3 February, 22, 23 April, 2,5 August 2021

Date of orders:

16 November 2021

Decision date:

16 November 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Leal, Senior Member

Decision:

The decision of the Minister of Sport dated 11 August 2020 is affirmed.

Catchwords:

LICENSING - motorsports competition – motor vehicle racing grounds - sanctioning bodies - variation of licence conditions sought – competitors under the age of sixteen years.

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Competition Policy Reform (NSW) Act 1997

Interpretation Act 1987

Motor Vehicle Sports (Public Safety) Act 1985

Motor Vehicle Sports (Public Safety) Regulation 2015

Sport Integrity Australia Act 2020

Sport Integrity Australia Regulations 2020

Cases Cited:

Shaw v Oakdale Junior Motorcycle Club Inc [2020] NSWSC 180

Texts Cited:

Review of the Motor Vehicle (Public Safety) Act 1985 Consultation Paper

Review of the Motor Vehicle (Public Safety) Act 1985 Discussion Paper

Category:

Principal judgment

Parties:

Australian Racing Drivers’ Club Ltd (Applicant)

NSW Government Office of Sport (Respondent)

Representation:

Counsel:
N Orow (Applicant)
H El Hage (Respondent)

Solicitors:
Marshalls Dent Wilmoth (Applicant)
Office of Sport (Respondent)

File Number(s):

2020/00262246

REASONS FOR DECISION

Introduction

1. The Australian Racing Drivers’ Club Ltd is a public company limited by guarantee. It operates the motor vehicle racing ground located at Eastern Creek, known as Sydney Motorsport Park, which is owned by the Western Sydney Parklands Trust. Before motorsport events can take place at Sydney Motorsport Park, the Minister for Sport must issue a licence for the racing ground. In 2020, the Australian Racing Drivers’ Club was granted such a licence subject to (amongst others) the following conditions:

1. Condition 36 which provides as follows:

Condition 36(a) - Motor vehicle race meetings held under a permit issued by Confederation of Australian Motor Sport Ltd – trading as Motorsport Australia must be conducted in accordance with the conditions, rules and regulations of Confederation of Australian Motor Sport Ltd – trading as Motorsport Australia.

Condition 36(b) – Motor vehicle race meetings held under a permit issued by Motorcycling NSW Ltd must be conducted in accordance with the conditions, rules and regulations of Motorcycling NSW Ltd.

Condition 36(c) – Motor vehicle race meetings not held in accordance with Condition No 36(a) or (b) must be conducted to the safety and officiating standards, and in accordance with the conditions, rules and regulations, of the controlling/sanctioning organisations for the sport.

2. Condition 37 which provides as follows:

The licensee must ensure that no person under 16 years of age is a competitor, participant, mechanic or member of the crew of a vehicle at a meeting for motor vehicle racing held at the ground unless the race is held in accordance with Condition no 36(a) or (b).

2. On internal review, the Australian Racing Drivers’ Club sought the following variation of this decision: that condition 36(a) of its motor vehicle…