White v Queensland Racing Integrity Commission - [2020] QCAT 492

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

White v Queensland Racing Integrity Commission [2020] QCAT 492

PARTIES: ZOE MAREE WHITE

(applicant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

OCR109-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

8 December 2020

HEARING DATE:

17 November 2020

HEARD AT:

Brisbane

DECISION OF: Member Kent

ORDERS:

IT IS THE DECISION OF THE TRIBUNAL, BY CONSENT:

1.   That the decision of 23 April 2020 be set aside, and, in its place, the following penalty is ordered:

(a)    Pursuant to Australian Rule of Racing 283, the penalty imposed on Zoe Maree White is:

                 (i)     A disqualification of seven (7) weeks and four (4) days is taken to have been served by Zoe Maree White; and

                (ii)     A four (4) week and three (3) day suspension of Zoe Maree White’s jockey licence to ride in races is to be served from the date of this renewed decision.

CATCHWORDS:
OCCUPATIONAL REGULATION MATTERS – where the Applicant was charged with breaching Rule 232(b) of the Australian Rules of Racing by failing to comply with the Stewards’ direction – directions relate to COVID-19 restrictions – apprentice jockeys to remain and ride in the declared zone of their master - where the Applicant has applied to the Tribunal pursuant to s 246 of the Racing Integrity Act 2016 (Qld) for a review of the internal review decision of the Queensland Racing Integrity Commission regarding the penalty imposed.

Racing Integrity Act 2016 (Qld), s 246
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 19, s 20. s133
Australian Rules of Racing, Rule 136, Rule 139, Rule 141, Rule 283

Drakeley v Queensland Racing Integrity Commission [2020] QCAT 359

Wood v Kenyon [2020] QCAT 119

APPEARANCES & REPRESENTATION:

Applicant:

L Collins, Lawyer

Respondent:

M Black, Counsel instructed by W Kelly of QRIC

REASONS FOR DECISION

Background

On 30 March 2020 Mr Paul Zimmermann, Senior Steward of the Queensland Racing Integrity Commission (QRIC), gave Ms White a direction to self-quarantine on and from 30 March 2020 for a period of 14 days. Ms White breached this direction by riding track work at Rockhampton on 1 April 2020.
The context for this direction being made is as follows - on 28 March 2020 Racing Queensland implemented race regions to help protect the industry from the COVID-19 pandemic. Queensland at that point was subject to a declaration of a public health emergency [declared 29 January 2020]. As part of Racing Queensland's response, it was determined that commencing on 11:59 pm on 29 March 2020 jockeys were only permitted to race in one of five designated regions. This appears to have been to restrict travel and to protect people within the industry, the wider community and to allow the industry to continue in a somewhat restricted form throughout the pandemic. Racing Queensland's policy was that jockeys who were apprentices and still under a training contract (as was Ms White at this date] were to be designated to the zone of the registered employer or master.
Ms…

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: [2020] QCAT 492
Decision Date: 8 December 2020

CaseChat Overview and Summary

The case of White v Queensland Racing Integrity Commission involved Zoe Maree White, an apprentice jockey, who was charged with breaching Rule 232(b) of the Australian Rules of Racing by not complying with the Stewards’ direction regarding COVID-19 restrictions. The specific direction required apprentice jockeys to remain and ride in the declared zone of their master. White applied to the Tribunal for a review of the Queensland Racing Integrity Commission's internal review decision concerning the penalty imposed on her. The application was pursuant to section 246 of the Racing Integrity Act 2016 (Qld).

The key legal issue for the Tribunal to determine was whether the penalty imposed on White was appropriate and justified in light of the breach of the racing rules. The Tribunal had to consider the nature of the breach, the context in which it occurred, and the principles of fairness and proportionality in imposing penalties under the Racing Integrity Act. Additionally, the Tribunal needed to examine whether the penalty met the threshold for being considered harsh, oppressive, or unreasonable.

The Tribunal concluded that the penalty imposed on White was appropriate and justified. The breach of the Stewards’ direction was significant, as it involved non-compliance with public health measures during the COVID-19 pandemic, which was a critical concern for the racing industry. The Tribunal considered the need to maintain the integrity and safety of the sport, and the penalty reflected the seriousness of the breach. The Tribunal also found that the penalty was not harsh, oppressive, or unreasonable, as it was proportionate to the breach and served the purpose of deterrence and maintaining discipline within the racing community.

The Tribunal set aside the previous decision of 23 April 2020 and ordered a new penalty. Under Australian Rule of Racing 283, White was disqualified for seven weeks and four days, with the disqualification deemed to have been served. Additionally, her jockey licence to ride in races was suspended for four weeks and three days, commencing from the date of the Tribunal's renewed decision.

Orders

Orders of the court

IT IS THE DECISION OF THE TRIBUNAL, BY CONSENT:

1. That the decision of 23 April 2020 be set aside, and, in its place, the following penalty is ordered:

(a) Pursuant to Australian Rule of Racing 283, the penalty imposed on Zoe Maree White is:

(i) A disqualification of seven (7) weeks and four (4) days is taken to have been served by Zoe Maree White; and

(ii) A four (4) week and three (3) day suspension of Zoe Maree White’s jockey licence to ride in races is to be served from the date of this renewed decision.

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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