Morrisey v Queensland Racing Integrity Commission

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CITATION:

Morrisey v Queensland Racing Integrity Commission [2018] QCAT 161

PARTIES:

John Power Morrisey
(Applicant)

v

Queensland Racing Integrity Commision

(Respondent)

APPLICATION NUMBER:

OCR085-17

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

3 October 2017

HEARD AT:

Brisbane

DECISION OF:

Member Holzberger

DELIVERED ON:

5 June  2018

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The decision, in respect of penalty imposed, be set aside and substituted with the decision that:

(a)  John Power Morrisey is suspended for a period of nine (9) months from the date of this order;

(b)  The period of suspension is suspended after five (5) months for a period of twelve (12) months;

(c)  If John Power Morrisey is charged with a prohibited substance related offence during the period of suspension, the suspension of the penalty will be immediately lifted so that the licence suspension is reactivated and the nine (9) months period of suspension will be served in full.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES AND CALLINGS – where administration of prohibited substance – where consideration of factors related to penalty – whether appropriate penalty includes disqualification or suspension

Racing Integrity Act 2016 (Qld), s 3

Queensland Racing Integrity Commission v Gilroy [2016] QCATA 146

Weeks v Queensland Racing Integrity Commission [2017] QCAT 345

APPEARANCES:

APPLICANT:

Mr T Ryan of Counsel, instructed by Butler McDermott Lawyers

RESPONDENT:

Mr J Farren of Counsel, instructed by Queensland Racing Integrity Commission

REASONS FOR DECISION

  1. John Power Morrisey has applied to the Tribunal for review of a decision by the Queensland Racing Integrity Commission (QRIC) to disqualify him for a period of nine months.

  2. The following facts are agreed by the parties and I make findings accordingly:[1]

    [1]Applicant’s outline of submissions, paras [1]-[9].

    a)On 3 April 2017 at a Stewards’ inquiry, the applicant pleaded guilty to a charge under AR175(h)(ii) of the Australian Rules of Racing that alleged he administered or caused to be administered to a horse a prohibited substance which was detected in a sample taken from such horse prior to or following the running of a race.

    b)The particulars of the charge were that the applicant administered a substance known as “bleed-X”(sic) for a significant period prior to the horse “Gorada” competing at the Gold Coast on 31 December 2016, that the substance contained the prohibited substance “Cobalt” and that a post-race sample was taken from Gorada after it won on the day.

    c)According to the certificate of analysis relating to the urine sample taken from Gorada, the mass concentration of cobalt in the sample was greater than 200 micrograms per litre.

    d)The prohibited substance threshold for cobalt under the Australian Rules of Racing was 100 micrograms per litre.

    e)The Stewards imposed a nine-month disqualification on the applicant.

    f)The applicant unsuccessfully sought a review of the Stewards’ decision by the respondent.

    g)The penalty of nine-months’ disqualification was affirmed by the respondent on 5 May 2017.

    h)

    The applicant applies for a review of the internal decision…

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Details
Case
[2018] QCAT 161
Decision Date

CaseChat Overview and Summary

The case of Morrisey v Queensland Racing Integrity Commission involved John Power Morrisey, who was sanctioned by the Queensland Racing Integrity Commission (QRIC) for administering a prohibited substance. The matter was brought before the Queensland Civil and Administrative Tribunal (QCAT) where Morrisey contested the severity of the penalty imposed by QRIC. The primary legal issue was whether the penalty imposed by QRIC was appropriate given the circumstances and relevant factors, including the seriousness of the offence and Morrisey's compliance with racing regulations. The court was tasked with determining whether the penalty, which included a disqualification or suspension, was suitable under the relevant legislative framework.

In examining the matter, the tribunal considered various factors, including the nature of the prohibited substance, Morrisey's previous disciplinary history, and the circumstances surrounding the offence. The tribunal noted that while Morrisey had a previous record of administering prohibited substances, he had also demonstrated a degree of cooperation and compliance with racing regulations. The tribunal further considered the need for deterrence and the protection of the integrity of racing. After a thorough review of the evidence and applicable standards, the tribunal concluded that the penalty imposed by QRIC was not appropriate in light of the mitigating factors and the need for a balanced approach.

Consequently, the tribunal set aside the original penalty and substituted it with a new decision. John Power Morrisey was to be suspended for a period of nine months, with the suspension being partially suspended for a further twelve months. Additionally, if Morrisey were to be charged with another prohibited substance related offence during the suspension period, the suspension would be immediately lifted, and the full nine-month suspension would be enforced. This nuanced approach reflects a balanced consideration of both punitive and rehabilitative objectives in disciplinary proceedings.

Orders

Orders of the court

1. The decision, in respect of penalty imposed, be set aside and substituted with the decision that:

(a) John Power Morrisey is suspended for a period of nine (9) months from the date of this order;

(b) The period of suspension is suspended after five (5) months for a period of twelve (12) months;

(c) If John Power Morrisey is charged with a prohibited substance related offence during the period of suspension, the suspension of the penalty will be immediately lifted so that the licence suspension is reactivated and the nine (9) months period of suspension will be served in full.

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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