CITATION: | Ball v Queensland All Codes Racing Industry Board [2017] QCAT 72 |
PARTIES: | Ronald Douglas Ball |
| v | |
| Queensland All Codes Racing Industry Board (Respondent) | |
APPLICATION NUMBER: | OCR039-16 |
| MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | 5 December 2016 |
HEARD AT: | Brisbane |
DECISION OF: | Member Guthrie |
DELIVERED ON: | 3 March 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The reviewable decision is set aside and a new decision substituted that: a) Grounds 1, 3 and 4 are established in that Mr Ball has breached GAR 86(af), 86(q) and 86(d) as worded at the date of the conduct; b) Ground 2, the alleged breach of GAR 86(aa) is not established; and c) For the breaches of the GAR, Mr Ball is warned off for 10 years from the date of the original decision, 26 May 2015. |
CATCHWORDS: | PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – Greyhound Trainers – where greyhound trainer sought review of decision to warn him off for ten years – where reviewable decision found greyhound trainer engaged in live baiting – where reviewable decision found greyhound trainer breached Greyhound Australasia Rules – where tribunal conducts fresh hearing on the merits – whether greyhound trainer engaged in live baiting – whether greyhound trainer breached Greyhound Australasia Rules EVIDENCE – PROOF – STANDARD OF PROOF – STANDARD OF SATISFACTION – SUFFICIENCY – GENERALLY – where tribunal considering occupational regulation matter – where greyhound trainer attended stewards inquiry – where transcript of stewards’ inquiry admitted before tribunal – where video footage from two separate cameras – where quality of video footage imperfect – where timestamps on footage from two separate cameras inconsistent – where video footage admitted before tribunal – whether evidence sufficient to make findings of fact Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 10, s 20, s 21(2), s 24, s 33 Greyhound Australasia Rules rule 86 (aa), 86(af), 86(q) and 86(d) Ball v Queensland All Codes Racing Industry Board [2016] QCAT 369, applied |
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- Case
- [2017] QCAT 72
- Decision Date
CaseChat Overview and Summary
The central legal issues before the tribunal were whether the evidence was sufficient to support findings that the respondent engaged in live baiting and whether he breached the Greyhound Australasia Rules. The tribunal considered the quality and consistency of video footage from two separate cameras, which had been admitted as evidence. It also considered the transcript of the stewards’ inquiry. The tribunal found that while there were inconsistencies in the video footage, the evidence was sufficient to support findings that the respondent engaged in live baiting and breached certain Greyhound Australasia Rules.
In setting aside the Board’s decision, the tribunal noted that while the evidence supported findings of live baiting and certain breaches of the Greyhound Australasia Rules, it did not support the finding that the respondent breached another rule. The tribunal also noted that the Board had imposed a warning period of ten years from the date of the original decision, which was 26 May 2015. The tribunal substituted a new decision, which found that the respondent had breached certain Greyhound Australasia Rules and that he was to be warned off for ten years from the date of the original decision. The tribunal also found that the allegation that the respondent breached another rule was not established.
The final orders of the tribunal were that the reviewable decision be set aside and replaced with a new decision that the respondent had breached certain Greyhound Australasia Rules and that he be warned off for ten years from the date of the original decision. The tribunal also found that the allegation that the respondent breached another rule was not established.
Orders
Orders of the court
1. The reviewable decision is set aside and a new decision substituted that:
a) Grounds 1, 3 and 4 are established in that Mr Ball has breached GAR 86(af), 86(q) and 86(d) as worded at the date of the conduct;
b) Ground 2, the alleged breach of GAR 86(aa) is not established; and
c) For the breaches of the GAR, Mr Ball is warned off for 10 years from the date of the original decision, 26 May 2015.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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