Hanrahan v Queensland Racing Integrity Commission

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QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Hanrahan v Queensland Racing Integrity Commission [2025] QCATA 100

PARTIES:

BRONWYN HANRAHAN

(applicant/appellant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

APL290-25

MATTER TYPE:

Appeals

DELIVERED ON:

31 October 2025

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Fitzpatrick

ORDERS:

The application for a stay of the decision of the Racing Appeals Panel made on 26 June 2025 is refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where Stewards impose penalty of a fine and suspension of licence for 12 months – where suspension of licence charge suspended wholly for two years conditional upon good behaviour – where applicant cannot obtain her licence until the fine is paid or payment plan is entered into – whether a monetary fine falls within the definition of “disqualification action” under the Racing Integrity Act2016 (Qld) – whether the Appeal Tribunal can grant a stay of the decision of the Stewards

Acts Interpretation Act 1954 (Qld), s 14B

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 145

Racing Integrity Act2016 (Qld), s 252AA, s 252AH, s 252AU, sch 1

Associated Newpapers Ltd v Wavish (1956) 96 CLR 526

Day v Humphrey [2017] QCA 104
Gillespie v Ford (1978) 19 ALR 102

R v Zamagias [2002] NSWCCA 17

APPEARANCES & REPRESENTATION:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

Applicant:

Self-represented

Respondent:

E Ballard, solicitor

REASONS FOR DECISION

  1. The applicant, Bronwyn Hanrahan, has filed an appeal against a decision of the Racing Appeals Panel made on 26 June 2025 pursuant to s 252AH of the Racing Integrity Act2016 (Qld) (‘RI Act’) – to confirm a racing decision of the Stewards to impose a penalty on Ms Hanrahan.

  2. On 26 May 2025 the penalty imposed by the Stewards was:

    (a)for charge one a fine of $6,000.00;

    (b)for charges two and three a fine of $6,000.00 for each charge and a suspension of licence for a period of 12 months for each charge.

    (c)the penalties for charges two and three suspended for a period of two years, conditional upon Ms Hanrahan not being found in breach of any matters relating to a prohibited substance during that time.

  3. Ms Hanrahan seeks a stay of the Racing Appeals Panel’s decision.

  4. To succeed in a stay application Ms Hanrahan must show a reasonably arguable case, that she would be materially disadvantaged without a stay, and that the balance of convenience favours the granting of a stay.[1]

  5. The application will be considered pursuant to s 145 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).

Submissions

  1. The application stresses that Ms Hanrahan does not believe she should have to pay a $6,000.00 fine for “something I haven’t done”. Ms Hanrahan says she cannot obtain her…

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Details
Case
[2025] QCATA 100
Decision Date

CaseChat Overview and Summary

Hanrahan brought an appeal against a penalty imposed by Stewards under the Racing Integrity Act 2016 (Qld). The penalty consisted of a fine and a suspension of her licence for 12 months. The suspension was wholly suspended for two years, contingent on good behaviour. Hanrahan sought a stay of the Stewards’ decision pending her appeal, arguing that the fine was part of a "disqualification action" within the meaning of the Act, allowing for such a stay. The Queensland Racing Integrity Commission opposed the application. The primary issue for the court was whether a monetary fine constituted a "disqualification action" under the Racing Integrity Act, and if so, whether the Appeal Tribunal had the authority to grant a stay of the Stewards' decision.

The court considered the legislative framework and the relevant provisions of the Racing Integrity Act. It noted that a "disqualification action" was defined in the Act as an action that resulted in the disqualification of a participant from racing. The court held that a fine did not equate to disqualification and therefore did not fall within the definition of "disqualification action". Furthermore, the court found that the Appeal Tribunal did not have the jurisdiction to grant a stay in circumstances where the penalty did not involve disqualification. The court concluded that the application for a stay was not within the scope of the Tribunal's authority.

In light of the above findings, the court dismissed Hanrahan’s application for a stay of the decision of the Racing Appeals Panel. The court confirmed that the Tribunal could not grant a stay of the Stewards' decision as the fine did not constitute a "disqualification action" and the Tribunal lacked the jurisdiction to intervene in such matters.

Orders

Orders of the court

The application for a stay of the decision of the Racing Appeals Panel made on 26 June 2025 is refused.

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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