QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Currie v Queensland Racing Integrity Commission [2020] QCAT 240
PARTIES: BENJAMIN MARK CURRIE (applicant)
v
QUEENSLAND RACING INTEGRITY COMMISSION (respondent)
APPLICATION NO/S:
OCR261-19
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
2 July 2020
HEARING DATE:
18 June 2020
HEARD AT:
Brisbane
DECISION OF:
Member King-Scott
ORDERS: The Tribunal orders that:
1. The penalty imposed in respect of Shakira be set aside and no penalty be imposed.
2. The penalty imposed in respect of Dreamscope of six (6) months’ disqualification be set aside and in lieu thereof the Applicant be fined $5,000.00;
3. The penalty imposed in respect of Eight Over of disqualification for a period of 12 months is confirmed;
4. The period of disqualification to commence from 15 July 2019.
CATCHWORDS: ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – where administration of prohibited substance – horse transferred from Victorian stable 14 days earlier – rational explanation – where consideration of factors related to penalty – whether appropriate penalty includes disqualification or fine
Australian Rules of Racing, r178
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20Racing Integrity Act 2016 (Qld), s 246
Abbott v Racing Queensland Limited [2012] QCAT 230
Kehl v Board of Professional Engineers of Qld [2010] QCATA 58Queensland All Codes Racing Industry Board v Thomas [2016] QCATA 82
R v Morrison [1999] 1 Qd R 397
Racing Victoria Ltd v Kavanagh [2017] VSCA 334
Scott v Queensland Racing Integrity Commission (No 2) [2018] QCAT 301
Smerdon v Racing Victoria Ltd (No 2) [2019] VCAT 2059
Stewards Report: Mark Goodwin – Red Beretta dated 25 August 2016
APPEARANCES & REPRESENTATION:
Applicant:
J Murdoch QC instructed by O’Connor Ruddy and Garrett
Respondent:
S McLeod QC instructed by Queensland Racing Integrity Commission
REASONS FOR DECISION
The Applicant, Mr Benjamin Mark Currie is a licensed trainer with stables in Toowoomba. He was charged with and convicted of several presentation offences under rule 178 of the Australian Rules of Racing. Following an internal review on 15 July 2019, he was fined $10,000.00 and disqualified for a period of 27 months. He now seeks an external review of that decision.
The parties have agreed a joint statement of facts. I reproduce the Statement below:
1. This Joint Statement of Agreed Facts is for the purposes of OCR261-19 only.
2. On 28 January 2018, 16 September 2018 and 2 February 2019 The Applicant, Mr Benjamin Mark (“Ben”) Currie was a licensed by the Queensland Racing Integrity Commission (QRIC) as a thoroughbred trainer.
3. Ben Currie ran a thoroughbred racing business in Toowoomba under the name Currie Racing.
4. The Applicant has been a licensed trainer in the thoroughbred racing industry for over ten (10) years.
The Charges
5. The Applicant was issued 3 charges by the Respondent’s Stewards on 14 June 2019 pursuant to Australian Rules of Racing (‘ARR’) 178.
6. AR178 states:
Subject to AR178G, when any horse that has been brought to…
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- Case
- [2020] QCAT 240
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Tribunal were whether the penalties imposed on the horses were appropriate, particularly in light of the fact that one of the horses had been transferred from a Victorian stable only 14 days prior to the administration of the prohibited substance. The Tribunal needed to assess whether the QRIC had a rational basis for imposing the penalties and whether the penalties were proportionate to the circumstances. Additionally, the Tribunal had to consider whether the penalties imposed were consistent with relevant regulatory frameworks and principles of natural justice.
The Tribunal found that the penalties imposed on Shakira and Dreamscope were not appropriate. In relation to Shakira, the Tribunal determined that the absence of a rational explanation for the penalty warranted its nullification. As for Dreamscope, the Tribunal held that while the horse did test positive, the penalty of six months' disqualification was excessive, and instead imposed a fine of $5,000. Regarding Eight Over, the Tribunal confirmed the 12-month disqualification but adjusted the commencement date to 15 July 2019, aligning with the Tribunal's interpretation of the applicable rules.
In summary, the Tribunal set aside the penalty imposed on Shakira and ordered no penalty be imposed. It set aside the penalty imposed on Dreamscope and substituted it with a fine of $5,000. The Tribunal confirmed the 12-month disqualification for Eight Over but adjusted the start date of the disqualification period to 15 July 2019.
Orders
Orders of the court
The Tribunal orders that:
1. The penalty imposed in respect of Shakira be set aside and no penalty be imposed.
2. The penalty imposed in respect of Dreamscope of six (6) months’ disqualification be set aside and in lieu thereof the Applicant be fined $5,000.00;
3. The penalty imposed in respect of Eight Over of disqualification for a period of 12 months is confirmed;
4. The period of disqualification to commence from 15 July 2019.
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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