Hess v Queensland Racing Integrity Commission

CITATION:

Hess v Queensland Racing Integrity Commission [2018] QCAT 16

PARTIES:

Anthony Charles Hess
(Applicant)

v

Queensland Racing Integrity Commission

(Respondent)

APPLICATION NUMBER:

OCR061-17

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

11 January 2018

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

DELIVERED ON:

16 January 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The internal review decision dated 23 February 2017 is confirmed.

2.   The Tribunal makes no order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES AND CALLINGS – where greyhound trainer lived on property of warned off person – where parties agreed on proposed penalty – whether proposed penalty is suitable

Greyhounds Australasian Rules, Rule 86
Racing Integrity Act 2016 (Qld), s 3

Edmondson v Queensland All Codes Racing Industry Board [2016] QCAT 70
Queensland Racing Integrity Commission v Gilroy [2016] QCATA 146

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

REASONS FOR DECISION

1. Mr Hess was a licensed greyhound trainer.

2. During a stewards’ inquiry conducted on 9 November 2016 and 19 December 2016, Mr Hess made admissions that he did, on 21 May 2015, live at the property of Mr Tom Noble at Wotan Road, Churchable.

3. Mr Noble was warned off on 4 March 2015 for his involvement in, and knowledge of, live baiting which took place at his property. 

4. Mr Hess admitted he knew that Mr Noble was a warned off person, and that he was in regular contact with Mr Noble throughout this period of time.

5. The stewards found that Mr Hess was guilty of an offence under Rule 86 of the Greyhounds Australasian Rules (the Rules) for associating with a disqualified person for the purposes of greyhound racing.  The stewards imposed a two-year disqualification on Mr Hess, effective from 19 December 2016.

6. Mr Hess sought an internal review of the stewards’ decision.  The internal reviewer reduced the penalty from a two-year disqualification to a one-year disqualification.

Proposed orders

1. The parties have come to an agreement for the finalisation of the review and ask the Tribunal to make orders in accordance with their agreement.  Those orders are that:

   1. The Applicant’s Application for Review filed 22 March 2017 is dismissed.

   2. Internal Review Decision 008-17 dated 23 February 2017 is confirmed.

   3. The Applicant’s period of disqualification expired on 1 August 2017.

   4. There be no order as to costs.

2. I note that the internal review decision imposed a one-year disqualification from 19 December 2016, and that Mr Hess’ period of disqualification therefore ended on 18 December 2017.  The reference to the period of disqualification expiring on 1 August 2017 is unexplained and appears to be in error.

Consideration of penalty

1. It has been held that the Tribunal ought not depart from a proposed sanction agreed between parties, unless it falls outside the permissible range of possible sanctions for the conduct.[1]

   [1]Queensland Racing Integrity…