How can I apply for an Appeal hearing?
You can apply for an appeal of a decision by completing and submitting the relevant application form.
Emailing your application is the preferred method of submission. If you choose to send your application via mail, you must ensure that it will be received by the Secretary within the stipulated time frame.
What types of decisions can be appealed?
The following appeals may be lodged with the Tasmanian Racing Appeal Board (TRAB):
against a decision of Tasracing Pty Ltd or a registered club to issue a person with a warning-off notice or an exclusion notice;
against a decision of stewards to impose a fine, suspension or disqualification;
against a decision of Tasracing to cancel or refuse a licence, or to impose certain licence conditions;
if a person is in dispute with a bookmaker with regard to a betting dispute;
if a wagering operator is aggrieved by a decision of Tasracing to refuse to grant approval, publish Tasmanian race field information, cancel an approval or impose or vary conditions (other than conditions referred to in section 128(4)(a) of the Act, in respect of a race field information publication).
An appeal cannot be made to the TRAB in respect of a stewards’ decision which alters the result of a horse race or greyhound race if the decision was made before the declaration of “correct weight” or “all clear”.
How long do I have to submit an appeal application?
Appeals must be lodged with the Secretary of the TRAB as follows:
in the case of a minor appeal, (a fine not exceeding $2,000 or a suspension for a period not exceeding 30 days) 7 days after the making of the relevant decision; or
in the case of a bookmaker appeal, 60 days after the conclusion of the event to which the disputed bet relates.
in the case of a major or any other appeal, 14 days after the making of the relevant decision.
If the cut-off day for lodgement falls on a weekend or public holiday, the application must be received the next business day.
What is the difference between a minor and major appeal?
A minor appeal means an appeal against a decision of the steward to impose either, or both, of the following:
- A fine on the person not exceeding $2000 or, if another amount is prescribed, the prescribed amount;
- A suspension on the person, or on a horse or greyhound owned, leased or trained by the person, for a period not exceeding 30 days.
A major appeal is any other appeal made to the TRAB.
How much does it cost to lodge an appeal?
Deposits
Each appellant must lodge a deposit with their appeal application form as follows:
in the case of a minor appeal, an amount of $200,
in the case of a bookmarker appeal, an amount of $200,
in the case of a major appeal, an amount of $500,
in the case of any other appeal, an amount of $200.
The deposit will be refunded in the following manner:
Appeal dismissed – up to 50% of deposit may be refunded
Penalty varied – up to 75% of deposit may be refunded.
Appeal upheld – deposit refunded in full.
Appeal withdrawn (with no application for a stay of proceedings) – deposit refunded in full
Appeal withdrawn (after an application for a stay of proceedings) – up to 50% of deposit refunded.
Please note that the TRAB can order that an amount of more than 50% of the deposit is to be forfeited.
Costs
Each party to an appeal must pay their own costs. If transcripts are required to be ordered, the appellant will be required to pay:
not less than 50% of the cost if the appeal is dismissed,
not less than 50% of the cost if the appeal is withdrawn or abandoned, and
not less than 25% of the cost if the penalty is varied.
Please note: If the transcript is prepared in-house the cost is currently $10.00 per page.
Can I apply for a Stay?
The Chairperson may suspend the operation of a decision or a penalty (unconditionally or on such conditions as the Chairperson determines) pending the hearing and determination of an appeal.
The Chairperson must not suspend the operation of a penalty if:
The decision was made, or the penalty imposed because of a serious risk to:
The appeal is intended to be heard within 7 days of lodgement, unless the Chairperson considers that circumstances require otherwise.
What do I do if I no longer wish to continue with my appeal?
An appeal is not capable of being withdrawn or abandoned except by leave of the Chairperson.
If you wish to withdraw your application, you must complete and submit an Application for Leave to Withdraw Appeal:
Application Form for Leave to Withdraw Appeal
For more information on applying for or withdrawing an appeal please see the How to Appeal to the TRAB webpage.