Duryea v Queensland Racing Integrity Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Duryea v Queensland Racing Integrity Commission [2019] QCAT 226

PARTIES:

DARLEEN ERICA DURYEA

(applicant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

REO001-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

15 August 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

The application to reopen proceeding OCR105-17 is refused.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Procedure – reopening – whether matter should be reopened – whether a proceeding that has been heard and decided by the Tribunal

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 48, s 72(1)(b), s 137, s 137, s 138, s 140

Australian Rules of Racing, r 178

Crawford v Commissioner of State Revenue [2014] QCAT 418

Creek v Raine and Horne Mossman [2011] QCATA 226

Darragh v Davis [2017] QCAT 181

Mango Boulevard Pty Ltd v Spencer [2010] QCA 207

Ramke Constructions Pty Ltd v Queensland Building Services Authority [2012] QCAT 417

Queensland Building Services Authority v Queensland Civil and Administrative Tribunal [2013] QSC 167

APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. On 15 January 2019, the applicant filed an application to reopen an application to review filed in the Tribunal on 8 June 2017 (file OCR105-17) and dismissed on 20 December 2018. The original application was to review a decision made by the respondent on 31 May 2017, disqualifying the applicant as a trainer for a period of 12 months. That decision was the product of an internal review of a finding that the applicant had breached rule 178 of the Australian Rules of Racing, detection of a prohibited substance (cobalt).

2. By a decision made by the Tribunal on 14 June 2017, the internal review decision was stayed until the determination of the application to review, while on 21 January 2019 the internal review decision was stayed until determination of the application for reopening.

3. Prior to dismissal of the application to review, on 5 December 2018 directions were made by the Tribunal requiring the applicant, by 14 December 2018, to either file a notice of withdrawal of her application or advise the Tribunal and the respondent that she wished to proceed with the application to review. Prior to those directions, the most recent directions were issued on 6 February 2018. The latter directions directed that the application be listed for a direction hearing on the next available date after the Tribunal received written notice from the parties that the Racing Crime Squad investigation had been concluded. No such notice was received from the parties. Email enquiries were made of the parties as to the progress of the matter on 31 May 2018 and 9 August 2018, without response. While the directions of 5 December 2018 and the email enquiries of May and August were sent to the applicant’s given personal email address, a…