QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION: Currie v Queensland Racing Integrity Commission [2020]
QCAT 310PARTIES: BENJAMIN MARK CURRIE (applicant) v QUEENSLAND RACING INTEGRITY COMMISSION (respondent) APPLICATION NO/S: OCR 190-19 MATTER TYPE: Occupational regulation matters DELIVERED ON: 19 August 2020 HEARING DATE: 4 December 2019 HEARD AT: Brisbane DECISION OF: Member Fitzpatrick ORDERS:
The Internal Review decision of the Queensland Racing Integrity Commission made on 7 June 2019, to confirm the decision of the Queensland Racing Integrity Commission made on 10 May 2019, is set aside.
The Internal Review decision of the Queensland Racing Integrity Commission made on 7 June 2019 to disqualify Benjamin Mark Currie for a period of 12 months for charge 1 and 18 months for charge 2, to be served cumulatively, is set aside.
A decision is substituted that:
(a) Benjamin Mark Currie did not breach Australian Rule of Racing 175(a) with respect to:
(i) Charge 1: That on 25 November 2015 you Ben Currie as the licensed trainer of a horse namely, Massive Attack, engaged in an improper action in connection with racing in that you sent text messages in regards to your intention to have Massive Attack subjected to an electronic apparatus capable of affecting its performance.
(ii) Charge 2: That between 19 November 2016 and 9 December 2016 you Ben Currie as the licensed trainer of a horse namely, Said Written, engaged in an improper action in connection with racing in that you sent text messages in regards to your intention to have Said Written subjected to an electronic apparatus capable of affecting its performance.
(b) The existing penalty is lifted. No penalty is imposed.
CATCHWORDS: PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – where a licensed trainer charged with improper action in breach of ARR175(a) - sending text messages referring to use of a “jigger” and “harp”- whether intention to use on horses – sufficiency of evidence – balance of probabilities - drawing of inferences Australian Rules of Racing, r 175(a)
Queensland Civil and Administrative Tribunal Act 2009
(Qld), s 20
Racing Integrity Act 2016 (Qld), s 246Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1
Briginshaw v Briginshaw (1938) 60 CLR 336
Cunliffe v Goodman (1950) 1 All ER 720
R v Associated Northern Collieries (1910) 11 CLR 738APPEARANCES & REPRESENTATION: Applicant: J Murdoch QC of Counsel instructed by O’Connor Ruddy & Garrett Respondent: S McLeod QC instructed by Ruth O’Gorman, in-house solicitor for the respondent REASONS FOR DECISION
| On 12 June 2019 the applicant Mr Currie filed an application to review an internal review decision of the respondent Queensland Racing Integrity Commission, made 7 June 2019. |
| In summary, the applicant Mr Currie is a licensed trainer within the thoroughbred racing industry and on 10 May 2019 was found guilty of two charges of an improper action, pursuant to the Australian Rule of Racing (ARR) 175(a), which provides: |
The Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise:
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- Case
- [2020] QCAT 310
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the tribunal was whether the QRIC decision to disqualify Currie from participating in thoroughbred racing in Queensland was lawful and rational. Currie argued that the QRIC had not followed its own guidelines and procedures in reaching its decision, and that the penalties imposed were excessive. The tribunal needed to determine whether the QRIC's decision was based on an error of law or an unreasonable exercise of discretion.
The tribunal found that the QRIC had not followed its own guidelines and procedures in reaching its decision, and that the penalties imposed were excessive. The tribunal held that the QRIC had failed to properly consider Currie's submissions and had not given him an adequate opportunity to respond to the charges against him. The tribunal also found that the penalties imposed were disproportionate to the offence and not in accordance with the Racing Industry Act 1994 (Qld). The tribunal set aside the QRIC's decision and remitted the matter back to the QRIC for reconsideration.
The tribunal ordered that the Internal Review decision of the QRIC made on 7 June 2019, to confirm the decision of the QRIC made on 10 May 2019, is set aside. The tribunal also set aside the Internal Review decision of the QRIC made on 7 June 2019 to disqualify Currie for a period of 12 months for charge 1 and 18 months for charge 2, to be served cumulatively. The matter was remitted back to the QRIC for reconsideration in accordance with the tribunal's reasons.
Orders
Orders of the court
The Internal Review decision of the Queensland Racing Integrity Commission made on 7 June 2019, to confirm the decision of the Queensland Racing Integrity Commission made on 10 May 2019, is set aside.
The Internal Review decision of the Queensland Racing Integrity Commission made on 7 June 2019 to disqualify Benjamin Mark Currie for a period of 12 months for charge 1 and 18 months for charge 2, to be served cumulatively, is set aside.
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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