Racing Act 1958 (review)

This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

Cases we can hear

Following reforms to the Racing Act 1958, VCAT can review certain decisions of:

• the Victorian Racing Tribunal (VRT)
• a controlling body or racing club about Occupational Racing Licences and Bookmaking Licences
• Racing Appeals and Disciplinary Boards under transitional rules.

Penalty decisions made by the VRT

The VRT determines matters about Victoria’s three racing codes, regulated by the following controlling bodies: Racing Victoria, Greyhound Racing Victoria and Harness Racing Victoria.

You may apply for a review of a decision made by the VRT about any penalty imposed if you are a person affected by that decision. A steward may also apply for a review of a decision relating to a penalty.

In reviewing any penalty imposed, VCAT is bound by the findings of fact made by the VRT. 

Occupational Racing Licence and Bookmaking Licence decisions

For occupational racing licences, VCAT can review a decision to:

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

For bookmaking licences, VCAT can review a decision to:

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

Legislation that gives VCAT the power to hear these applications

Sections 83OH, 83Q and 83R of the Racing Act 1958

Documents you need to apply

Attach a decision from the VRT, controlling body or racing club with your application.

Time limits

You must make your application within 28 days of the decision.

Otherwise, you can apply within 28 days from the date you received a statement of reasons or are notified you will not receive a statement of reasons.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision-maker if they agree to any extension. If the decision-maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

Putting the original decision on hold

In most cases, applying for a review doesn't put the original decision on hold and that decision stands until VCAT makes its decision.

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay.

It may not be possible to put the decision on hold if it has no practical effect. For example, a stay on a decision not to grant a licence.

VCAT will ask the decision-maker if they agree to any stay. If the decision-maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

What can VCAT order?

Unless the Act 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 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.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.