Hooper v Queensland Racing Integrity Commission

The appeal was brought by Mr. Hooper, a licensed harness racing trainer, against the Queensland Racing Integrity Commission (QRIC). Mr. Hooper was found guilty of three charges under the Racing and Gaming Act 1992, including failing to present a horse free of prohibited substances. The QRIC found Mr. Hooper guilty and imposed a penalty, which he then appealed on various grounds. The appeal was heard in the Queensland Court of Appeal.

The legal issues in the appeal revolved around the strict compliance required in testing and certification requirements, the standard of proof needed to establish the offences, the appropriateness of the penalty imposed, and whether the penalties should be cumulative or concurrent. Mr. Hooper argued that the QRIC had not strictly complied with the requirements of the Act, that the standard of proof was not met, and that the penalties imposed were excessive and should be concurrent rather than cumulative.

The Court of Appeal found that the QRIC had indeed strictly complied with the requirements of the Act and that the standard of proof was adequately met. However, the Court considered the penalties imposed by the QRIC to be excessive. The Court substituted the penalties with a 12-month disqualification for each offence, with three months of each penalty to be served concurrently, resulting in an aggregate disqualification of 30 months. The Court also considered Mr. Hooper's previous disciplinary history in determining the appropriate penalty.

The orders of the Court were that the QRIC’s decisions confirming the conviction were upheld, but the penalty was set aside and replaced with a 12-month disqualification for each offence, with three months of each penalty to run concurrently. The disqualification period totalled 30 months and was to commence 14 days after the date of the decision.