Queensland Racing Integrity Commission v Kadniak

The Queensland Racing Integrity Commission took action against greyhound trainer George Kadniak for breaches of control rules related to the use of prohibited substances. The matter was heard and determined by the Queensland Civil and Administrative Tribunal. The central legal issue was whether the tribunal had the authority to exclude evidence based on the industry practice for issuing certificates of analysis for prohibited substances, which differed from the Act and rules. Additionally, the tribunal had to consider whether Kadniak had a legitimate expectation that the industry practice would be followed, and whether the amendments to the Local Rules of Racing (Greyhound Racing) between the original offence and the appeal affected the outcome.

The tribunal found that its discretion to admit or exclude evidence was constrained by the powers it had to dispense with the ordinary rules of evidence. It held that the tribunal was not empowered to exclude evidence based on industry practice alone. The tribunal also considered whether Kadniak's reliance on industry practice created a legitimate expectation that it would be followed. However, the tribunal concluded that the respondent's expectation was not sufficiently legitimate to warrant exclusion of evidence. The tribunal further determined that the amendments to the Local Rules of Racing (Greyhound Racing) did not impact the outcome of the appeal.

The tribunal dismissed the appeal and ordered the parties to exchange and file written submissions regarding any application for costs by specified deadlines. The tribunal emphasised that the application for costs would be determined on the papers without an oral hearing. This case highlights the limitations of tribunals in exercising judicial discretion to exclude evidence and the importance of adhering to statutory and regulatory frameworks in the greyhound racing industry.