Dixon v Queensland Racing Integrity Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Dixon v Queensland Racing Integrity Commission [2018] QCAT 183

PARTIES:

GRANT WILLIAM DIXON
(applicant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

OCR299-17; OCR036-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

22 June 2018

HEARING DATE:

10 May 2018

HEARD AT:

Brisbane

DECISION OF:

Member Hanger AM QC

ORDERS:

IN OCR299-17:
Appeal allowed. Decision of stewards set aside.

IN OCR036-18:
Appeal allowed. Decision of stewards set aside.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES AND CALLINGS – trotting races – where alleged failure to improve positions of other racing horses in two separate races – where two charges brought by stewards under Australian Harness Racing Rules – whether simply an error of judgment, or culpability and blameworthiness, on the part of the applicant – whether applicant drove in an unacceptable manner

Racing Act 2002 (Qld), s 4, s 111

Racing Integrity Act 2016 (Qld), s 10

McMullen v Racing Queensland Ltd [2012] QCAT 286
Misfud v Racing Victoria Stewards [2007] VRAT 6

Queensland Racing Ltd v McMahon [2010] QCATA 73

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented

REASONS FOR DECISION

1. The issue in these appeals is whether Mr Dixon drove in two trotting races in an unacceptable manner.

2. The main purpose of the Racing Act 2002 (Qld) is to provide for control bodies to manage, operate, develop and promote codes of racing in a way that ensures public confidence in the racing industry in Queensland.[1]

   [1]Racing Act 2002 (Qld), s 4.

3. Section 111 of that Act obliges a control body to have rules of racing for the good management of each of its codes of racing.

4. The Racing Integrity Act 2016 (Qld) establishes a Racing Integrity Commission for the purposes of maintaining public confidence in the racing of animals in Queensland. Under section 10 of the Racing Integrity Act one of its functions is to oversee the integrity of race meetings, and to make decisions about disciplinary matters.

5. Mr Dixon was prosecuted in respect of two (2) races on different days on different horses. They were entirely separate prosecutions but by agreement were heard on this appeal together. The parties are to be congratulated for taking such a course because it saved time and expense. The matters were easily capable of being dealt with at the same time. While the facts in each case are different, the applicable legal principles are the same.

6. In each case, the charge is that the riding was unacceptable to the stewards.

7. There are three levels of offence.

8. The first level is that set out in the Australian Harness Racing Rules, rules 147(1)-(2), which provides that a driver shall race a horse on its merits and any action or non-action by a driver during the course of a race which prevents or impedes the horse from racing on its merits constitutes an offence. That rule has been discussed by the Racing Disciplinary Board led by Judge…