QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
William Peter Hulbert v Queensland Racing Integrity Commission [2022] QCAT 130
PARTIES:
WILLIAM PETER HULBERT (applicant)
v
QUEENSLAND RACING INTEGRITY COMMISSION (respondent)
APPLICATION NO/S:
OCR170-21
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
12 April 2022
HEARING DATE:
22 February 2022
HEARD AT:
Brisbane
DECISION OF:
Member Lee
ORDERS:
The decision of the Queensland Racing Integrity Commission of 31 May 2021 is confirmed.
CATCHWORDS:
PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES AND CALLINGS – licensed trainer in thoroughbred racing industry – offensive language used about a jockey in an audio recording which became public – found guilty of misconduct, improper conduct or unseemly behaviour – whether Tribunal has jurisdiction when charge different on review – whether charge substantiated on review – whether penalty proportionate and appropriate.
Australian Rules of Racing, rule 228
Human Rights Act 2019 (Qld), s 8, s 13(1), s 21, s 58
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 19(c), s 20(1)(2), s 24(1)
Racing Act 2002 (Qld), s 4(1), s 100(2)(a)(b), s 101Racing Integrity Act 2016 (Qld), s 3(b), s 24, s 63(a)(b), s 240(1), s 243(1), s 245, s 246
DA v Deputy Commissioner Martin [2018] QCAT 10
Coleman v Power (2004) 220 CLR 1
Couchy v Birchley [2005] QDC 334
Interlink Developments Pty Ltd v Queensland Building and Construction Commission [2020] QCAT 480
Johnson v Miller (1937) 59 CLR 467
Jones v Acting Assistant Commissioner Horton [2021] QCAT 209Owen-D’Arcy v Chief Executive, Queensland Corrective Services [2021] QSC 273
APPEARANCES & REPRESENTATION:
Applicant:
Tim Ryan, instructed by Howden Saggers Lawyers
Respondent:
Matt Black, instructed by Queensland Racing Integrity Commission
REASONS FOR DECISION
Introduction
Mr William Peter Hulbert (Mr Hulbert) has applied to the Tribunal[1] for a review of the Internal Review Decision of the Queensland Racing Integrity Commission (QRIC) which upheld the finding that Mr Hulbert engaged in misconduct[2] together with the issuance of a penalty by way of a fine in the sum of $1,000 (the decision).
[1]Application to review a decision filed 14 June 2021.
[2]In accordance with the Australian Rules of Racing 228 (b) which provides that a person must not engage in misconduct, improper conduct or unseemly behaviour.
The decision was made on 31 May 2021[3] after Mr Hulbert sought a review of the earlier decision of the QRIC Stewards Panel of 28 April 2021[4] which found him guilty of a charge of misconduct and the issuing of a penalty by way of a fine in the sum of $1,000 (the original decision).
[3]Exhibit 1.7.
[4]Exhibit 1.2.
The issues to be determined in these proceedings is whether a ground for disciplinary action is established and if so, the appropriate sanction to be taken.
Background
On 30 January 2021 Mr Hulbert, a licenced trainer within the thoroughbred racing industry in Queensland of some years, made an audio recording about the performance of a jockey he engaged (Mr Andrew Mallyon) on the riding of…
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- Case
- [2022] QCAT 130
- Decision Date
CaseChat Overview and Summary
Final orders: The decision of the Queensland Racing Integrity Commission of 31 May 2021 is confirmed.
Orders
Orders of the court
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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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