Racing Act 1958 (review)

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

VCAT can review certain decisions of Racing Appeals and Disciplinary Boards made under the Racing Act 1958.

Cases we can hear

You may be able to apply to VCAT for a review of certain decisions made by a Racing Appeals and Disciplinary Board if:

  • you are a person whose interests are affected by the decision
  • you are a steward.

The three ‘Racing Appeals and Disciplinary Boards’ are:

  • Harness Racing Victoria (HRV) Racing Appeals and Disciplinary Board in the case of hearings and appeals relating to harness racing
  • Greyhound Racing Victoria (GRV) Racing Appeals and Disciplinary Board in the case of hearings and appeals relating to greyhound racing
  • Racing Victoria (RV) Racing Appeals and Disciplinary Board in the case of hearings and appeals relating to horse racing.

Occupational Racing Licence Decisions

In the case of an occupational racing licence, VCAT can review a decision to:

  • refuse an application for such a licence
  • refuse to renew such a licence
  • revoke such a licence
  • impose a condition on such a licence
  • vary or revoke a condition on such a licence
  • refuse to vary or revoke a condition on such a licence.

The reviews above arise from:

  • racing, investigations or enquiries initiated by stewards which have been reviewed by Racing Victoria’s Appeals and Disciplinary Board. See sections 5E - 5G of the Act
  • appeals from the Harness Racing Victoria Racing Appeals and Disciplinary Board. See section 50J of the Act
  • appeals from the Greyhound Racing Victoria Appeals and Disciplinary Board. See section 83J of the Act.

Bookmaking Licence Decisions

In relation to bookmaking licences, VCAT can review a decision to:

  • refuse an application for such a licence
  • refuse to renew such a licence
  • revoke such a licence
  • impose a condition on such a licence
  • vary or revoke a condition on such a licence
  • refuse to vary or revoke a condition such a licence
  • suspend such a licence
  • disqualify a person from holding such a licence
  • to impose a fine on the holder of such a licence for any matter connected with such a licence
  • warn off the holder of such a licence.

Legislation that gives VCAT the power to hear these applications

Racing Act 1958:

  • Racing Appeal and Disciplinary Board reviews – general power: Section 83 OH
  • Occupational Racing Licence decisions: Section 83Q
  • Bookmaking Licence decisions: Section 83R.

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must make your application within 28 days after the later of the day on which

  • the decision was made, or
  • if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

You may be able to apply for an extension to this time limit.

What can VCAT order?

Unless the relevant Act of Parliament gives us different powers, VCAT can:

  • affirm the original decision, in which case the original decision will stand
  • vary the decision
  • set aside the decision and substitute our own decision
  • set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
  • invite the decision-maker to reconsider their decision at any time during the case .

Definitions under the Act

Occupational Racing Licence

‘Occupational Racing Licence’ means any licence, registration, permit or other authority required under the rules made by the controlling body for a person to participate in any occupation in racing or in any other class or category of an occupation in racing, other than a bookmaking licence or registration of a bookmaker or bookmaker’s key employee under Part 5A of Chapter 4 of the Gambling Regulation Act 2003. This definition includes people such as jockeys and trainers.

Bookmaking Licence

‘Bookmaking licence’ means a licence or other authority issued in respect of a bookmaker or bookmaker’s key employee by a controlling body or racing club under any rules made under sections 5, 91A or 91B. See section 83P of the Act.

More about how we resolve your case

Read more about hearings at VCAT, professional representation, access and privacy and communicating with VCAT.