Thompson v Queensland Racing Integrity Commission - [2018] QCAT 388

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Thompson v Queensland Racing Integrity Commission [2018] QCAT 388

PARTIES:

JOHN THOMPSON
(applicant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

OCR057-16

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

15 November 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Traves

ORDERS:

THE TRIBUNAL ORDERS BY CONSENT THAT:

1.   The name of the respondent be formally amended to ‘Queensland Racing Integrity Commission’ in place of the ‘Queensland All Codes Racing Industry Board’.

2.   The decision of the Queensland Racing Disciplinary Board dated 29 March 2016 is set aside.

3.   A decision is substituted that the applicant did not breach Greyhounds Australasia Rules 86(e), 86(af), 86(q), and/or 86(d) as set out in Allegations 1 to 4 (as consolidated).

4.   No order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES AND CALLINGS – Greyhound Trainer – where greyhound trainer sought review of decision of Racing Disciplinary Board – where review proceedings in abeyance pending outcome of other proceedings before appeal tribunal – where parties consent to decision being set aside and to the making of substituted orders

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 24
Racing Act 2002 (Qld), s 215, s 221, s 152A (repealed)

REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

APPEARANCES:

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

REASONS FOR DECISION

This matter concerns an application for review of a decision by the Queensland Racing Disciplinary Board on 29 March 2016 which found certain allegations made against Mr Thompson substantiated and imposed a penalty of ‘warning off’ racecourses for 10 years.[1] Mr Thompson had been found by the Queensland Racing Disciplinary Board to have breached the Greyhounds Australasia Rules (‘GAR’) in three respects.[2]
[1]Application for review filed 21 April 2016.
[2]Rules 86(af), 86(q) and 86(d) of the GAR were found to have been breached.
On 17 April 2018 the Tribunal made directions that the Queensland Racing Integrity Commission file and serve an application for miscellaneous matters (‘the application’) and supporting submissions and that John Thompson file and serve any submissions in reply. Unless either party requested an oral hearing, the application was to be determined on the papers.
The application[3] filed in accordance with those directions sought orders in the following terms:
1. The name of the respondent be formally amended to ‘Queensland Racing Integrity Commission’ in place of the ‘Queensland All Codes Racing Industry Board’.
2. The decision of the Queensland All Codes Racing Industry Board dated 28 April 2015 (the original decision) in respect of conviction and penalty is set aside.
3. The decision of the Queensland Racing Disciplinary Board dated 29 March 2016 varying the original decision is set aside.
4. A decision is substituted that the applicant did not breach Greyhounds Australia Rules 86(e), 86(af), 86(q), and/or 86(d) as set out in Allegations 1 to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] QCAT 388
Decision Date: 15 November 2018

CaseChat Overview and Summary

The case of Thompson v Queensland Racing Integrity Commission involved a greyhound trainer, Thompson, who sought a review of a decision made by the Racing Disciplinary Board. The dispute was over allegations that Thompson had breached certain Greyhounds Australasia Rules. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary issue before the court was whether the Racing Disciplinary Board's decision to find Thompson guilty of breaching the Greyhounds Australasia Rules was legally sound and supported by evidence.

The court had to consider the process followed by the Racing Disciplinary Board and whether the decision was fair and just. Given that the proceedings were in abeyance pending the outcome of other proceedings before an appeal tribunal, the court also had to assess the implications of these concurrent proceedings on the current review. The court found that the consent of both parties to set aside the decision and make substituted orders was a significant factor in the case. It was noted that the consent provided a resolution mechanism that avoided protracted litigation and allowed the parties to focus on the merits of the case.

In its decision, the court accepted the consent of the parties to set aside the Racing Disciplinary Board's decision and to substitute a new decision. The new decision concluded that Thompson did not breach the Greyhounds Australasia Rules as alleged. The court highlighted the importance of the consent agreement in reaching a resolution that was satisfactory to both parties. The court also noted that no order was made as to costs, reflecting the agreement between the parties on the resolution of the matter.

Orders

Orders of the court

THE TRIBUNAL ORDERS BY CONSENT THAT:

1. The name of the respondent be formally amended to ‘Queensland Racing Integrity Commission’ in place of the ‘Queensland All Codes Racing Industry Board’.

2. The decision of the Queensland Racing Disciplinary Board dated 29 March 2016 is set aside.

3. A decision is substituted that the applicant did not breach Greyhounds Australasia Rules 86(e), 86(af), 86(q), and/or 86(d) as set out in Allegations 1 to 4 (as consolidated).

4. No order as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Thompson v Queensland Racing Integrity Commission [2018] QCAT 388
PARTIES:	JOHN THOMPSON (applicant)
v
QUEENSLAND RACING INTEGRITY COMMISSION (respondent)
APPLICATION NO/S:	OCR057-16
MATTER TYPE:	Occupational regulation matters
DELIVERED ON:	15 November 2018
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Member Traves
ORDERS:	THE TRIBUNAL ORDERS BY CONSENT THAT: 1. The name of the respondent be formally amended to ‘Queensland Racing Integrity Commission’ in place of the ‘Queensland All Codes Racing Industry Board’. 2. The decision of the Queensland Racing Disciplinary Board dated 29 March 2016 is set aside. 3. A decision is substituted that the applicant did not breach Greyhounds Australasia Rules 86(e), 86(af), 86(q), and/or 86(d) as set out in Allegations 1 to 4 (as consolidated). 4. No order as to costs.
CATCHWORDS:	PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES AND CALLINGS – Greyhound Trainer – where greyhound trainer sought review of decision of Racing Disciplinary Board – where review proceedings in abeyance pending outcome of other proceedings before appeal tribunal – where parties consent to decision being set aside and to the making of substituted orders Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 24 Racing Act 2002 (Qld), s 215, s 221, s 152A (repealed)
REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented
APPEARANCES:
This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).