How are appeal hearings heard?
By legislation an appeal is to be heard and determined upon the evidence available when the initial decision was made, but the Tamanian Racing Appeal Board (TRAB/the Board) may inform itself on any matter and admit any evidence considered to be relevant.
The appellant will be required to give evidence in the first instance and call their witnesses. The stewards then have an opportunity to respond.
Who will hear my appeal?
In accordance with section 80 of the Act, hearings must compromise of the following:
(a) One, two or three members for a minor appeal, one of which must be either the Chairperson or a Deputy Chairperson; and
(b) Three or more members for a major appeal, one of which must be either the Chairperson or a Deputy Chairperson; and
(c) Three members for a bookmaker appeal, one of which must be either the Chairperson or a Deputy Chairperson.
The Chairperson will choose the members of the TRAB for an appeal ensuring there is no risk of a chosen member being biased or having a conflict of interest either real or perceived.
Where are appeal hearings held?
Appeals are conducted at a place and time determined by the TRAB.
Most hearings are conducted at the Prospect Government Offices, 171 Westbury Road, Prospect.
What information will I be provided in relation to my appeal?
The Secretary will:
give the parties to the appeal a copy of the notice of appeal,
give the parties to the appeal, as soon as practicable, a copy of the transcript of the proceedings at which the decision that is the object of the appeal was made, and
give the appellant, where applicable and as soon as practicable, a copy of the race patrol film relating to the matter that is the object of the appeal.
give the parties to the appeal, any evident that was before the decision maker.
How long will it take for my appeal to be heard?
The Chairperson will make every endeavour to ensure that:
(a) a minor appeal is heard within 14 days of lodgement of the appeal; and
(b) any other appeal is heard within 28 days of the lodgement of the appeal.
Sometimes due to circumstances outside of the TRAB’s control (i.e. member availability or the provision of evidence from other parties) these timeframes are not able to be adhered to.
What do the different appeal decisions mean?
The TRAB can decide to:
Dismiss your appeal, which means it affirms the original decision by the racing steward or other decision maker.
Uphold your appeal, which means the penalty or decision previously handed down is usually quashed (removed).
Vary your appeal, which means that the decision of conviction remains, but the penalty imposed is varied (this may mean that the penalty is either decreased or increased).
May refer the matter to stewards for rehearing.
If the appeal is affirmed (dismissed) or varied, the decision is to take effect immediately, unless the immediate implementation would have a detrimental effect in relation to the care and wellbeing of a horse or greyhound (refer section 99(3) of the Racing Regulation and Integrity Act 2024).