QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Graham v Queensland Racing Integrity Commission [2021] QCATA 125
PARTIES: DARREL WILLIAM GRAHAM (applicant/appellant)
v
QUEENSLAND RACING INTEGRITY COMMISSION (respondent)
APPLICATION NO/S:
APL229-19
ORIGINATING APPLICATION NO/S:
OCR174-16
MATTER TYPE:
Appeals
DELIVERED ON:
11 November 2021
HEARING DATE:
17 February 2020
HEARD AT:
Brisbane
DECISION OF:
Judge Allen QC, Deputy President, Presiding Member
Senior Member HowardORDERS: 1. The appeal is allowed.
2. The decision of the Tribunal delivered on 31 July 2019 is set aside and the following decision is substituted:
The Tribunal sets aside the decision of the Queensland Racing Integrity Commission and substitutes a decision that the applicant is not guilty of the charge.
ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – DISQUALIFICATIONS – OF OWNER, TRAINER OR JOCKEY – where failure to present a horse free of prohibited substances – where urine sample was above the permitted level of cobalt – where the trainer faced disciplinary charges – where the Tribunal confirmed the substantiation of the trainer’s charge – where the trainer was suspended
ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – GENERALLY – where things for analysis were for disciplinary purposes – where the control body must take and deal with the thing – where a certificate was given in respect of the incorrect entry made by an authorised representative of the control body – where the incorrect entry did not compromise the integrity of the process
ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – GENERALLY – where things for analysis were for disciplinary purposes – where the control body must take and deal with the thing – where it was considered whether the substance was analysed by an accredited facility approved by the Controlling Body – where the statute was interpreted to intend to prevent persons involved in the first analysis from being involved in the second analysis – where the facility at which analysis took place was not an accredited facility and did not comply with statute – where the person who analysed the sample did not meet the statutory definition of an analyst – where the sample was unable to be further analysed due to non-compliance with statute
ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – GENERALLY – where things for analysis were for disciplinary purposes – where certificates of analysis were rendered inadmissible – where it was considered whether there could be proof established in other ways – where the results of the analysis were unable to be used for disciplinary purposes
ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – GENERALLY – where things for analysis were for disciplinary purposes – where it was considered whether the correct sample was tested – where the integrity of the analysis and chain of custody was questioned – where the integrity of the analysis and chain of custody was compromised and rendered subsequent compliance with legislative requirements impossible
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW…
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- Case
- [2021] QCATA 125
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the interpretation of the Racing Act and its provisions related to accreditation of laboratories and analysts. Specifically, the court had to determine whether the RSC was an "accredited facility" for the purpose of analysis of equine urine for cobalt before 25 June 2015, and whether any analyst employed by the RSC met the definition of "analyst" as per the Racing Act. The court also needed to assess whether the subsequent accreditation and certification by NATA could cure any deficiencies in the RSC’s prior status.
The QCAT found that the RSC was not an accredited facility for the analysis of equine urine for cobalt before 25 June 2015, as no analyst employed by the RSC met the statutory definition of "analyst" for that specific analysis. The court held that the Racing Act required a continuing process of accreditation, informed by NATA, to maintain the facility's accreditation status. Consequently, the QCAT concluded that the certificates of analysis were not admissible as they were not produced by an accredited facility or by qualified analysts. The appeal was allowed, and the decision of the QRIC was set aside, substituting a decision that the appellant was not guilty of the charge.
The final orders of the tribunal were to allow the appeal, set aside the decision of the QRIC, and substitute a decision that the appellant was not guilty of the charge.
Orders
Orders of the court
1. The appeal is allowed.
2. The decision of the Tribunal delivered on 31 July 2019 is set aside and the following decision is substituted:
The Tribunal sets aside the decision of the Queensland Racing Integrity Commission and substitutes a decision that the applicant is not guilty of the charge.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.