The Commissioner oversees all persons, processes, and systems in the Tasmanian racing industry.
Part of the Commissioner’s role is to handle information and ensure that complaints are appropriately investigated.
People are encouraged to report information and complaints to the Commissioner in the first instance.
How to make a complaint or report information
To report an integrity matter, make a complaint, or lodge an enquiry with the Commissioner, go to Make a report or enquiry.
Process on receipt of complaint or information
Assessment
On receipt of a complaint or information, a decision is made about how to handle any issues that are raised, including whether:
any serious issues are raised which require immediate action or safeguarding
the Commissioner is the most appropriate authority to handle any issues
any issues need to be referred or disclosed to another authority
At any time, the Commissioner may seek further information or documents by contacting:
A person who makes a complaint will be informed about the outcome of the Commissioner’s assessment of their complaint. This will include information about further steps to be taken or, if there is to be no further action, reasons why.
Referrals
The Commissioner may disclose information or refer a matter to another party for investigation. This may happen if the complaint or information relates, for example, to:
A contravention of the Rules of Racing
A contravention of legislation, including alleged criminal offences
- An internal integrity or welfare matter, such as an employment matter
Once a complaint has been referred to another authority, that authority will be responsible for how it is handled. The Commissioner will then attempt to monitor how it is handled, including to identify issues and improvements to processes and systems and by requesting information about actions taken.
When will investigations be conducted?
The Commissioner is free to investigate any matter relating to racing. For example, the Commissioner may investigate:
Complaints about systemic integrity and welfare issues in racing
Complaints relating to the processes and systems used in Tasmanian racing to ensure integrity and welfare
Complaints referred to the Commissioner by other authorities, including by the Integrity Commission
The Commissioner may give notice of the intention to investigate a matter to the person who reported the matter, as well as to the person or body that is the subject of the investigation.
When won’t investigations be conducted?
The Commissioner may refuse to investigate a complaint if it is frivolous, vexatious, lacking in substance, or was not raised in good faith.
The Commissioner will not investigate service issues, such as delays or administrative errors.
If the Commissioner considers that a complaint should be investigated by another authority, then the Commissioner may also refer the matter to that authority.
The Commissioner will not investigate a matter if the matter is the subject of, or the investigation would prejudice:
The Commissioner is not an appeals body. The Commissioner cannot change or intervene in:
Determinations made in stewards’ inquiries
Determinations that are appealable to the Tasmanian Racing Appeal Board
Decisions of the Tasmanian Racing Appeal Board
Commercial or contractual disputes
The conduct and procedure of investigations
The Commissioner must observe the rules of natural justice at all times when conducting investigations. Subject to that rule, the Commissioner may conduct investigations in any manner that the Commissioner thinks appropriate, including in private.
The Commissioner may also use coercive powers to obtain evidence and information. It is important to note that a person who complies with the Commissioner’s requirement for evidence or information cannot, by virtue of complying with it:
Be held to have breached any code of professional ethics or to have departed from any acceptable standards of professional conduct
Be taken to have contravened any confidentiality requirements of any Act
It is an offence to fail to comply with the Commissioner’s requirement without reasonable excuse.
The completion of the investigation
On completion of an investigation, the Commissioner may:
Make recommendations to such persons as the Commissioner considers appropriate.
Refer the matter to another authority for further investigation or action.
Make a report in relation to the matter to such person or body as the Commissioner considers appropriate.
Commence a subsequent investigation into a new matter.
Proceed to an inquiry. Inquiries involve the conduct of hearings and the examination of witnesses. They may be used in cases of serious and systemic issues affecting the racing industry. Inquiry reports will be provided to the Minister for Racing and will be tabled in Parliament.
Take no further action. If no further action is taken, the Commissioner will endeavour to provide reasons why. This does not prevent the Commissioner from considering the matter at a later time.
In doing any of these things, the Commissioner must not disclose any information if the Commissioner considers that the disclosure would:
Not be in the public interest
Put a person's safety at risk
Prejudice criminal proceedings or investigations
Prejudice other investigations
Contravene statutory obligations
Involve the unreasonable disclosure of information relating to personal affairs
Service standards
The Commissioner recognises that timely communication is fundamental to effective complaint-handling, and that the timeliness of communication affects perceptions of fairness.
At all times, the Commissioner and his office will endeavour to:
provide complainants with an accessible, simple, and no-cost process for raising complaints
provide complainants with clear information about how their complaints will be, and are being, managed
handle complaints as soon as possible
act on any issues identified on assessment of complaints, including by working with the racing industry to improve integrity processes and systems
promote accountability, fairness, respect, and transparency
protect the personal information of complainants and others, and any other information, as required by law
The Commissioner and his office will endeavour to acknowledge and handle complaints in accordance with the following timeframes:
within 5 business days: acknowledge receipt and provide information about the process to the person making the complaint; let the controlling body (Tasracing) know that the complaint has been received
within 45 days: deal with most straight-forward complaints
within 90 days: deal with complaints that require informal enquiries or straight forward investigation
within 6-12 months: finalise complaints that require a complex investigation
every 6 weeks: provide an update about the progress of a complaint from assessment to outcome to the person who made it, the relevant controlling body and any affected persons, as appropriate and practical
Complaints about the Commissioner
Complaints about a decision, action or conduct of the Commissioner or his staff may be made by contacting the Commissioner's office directly or, if you want your complaint to be dealt with independently, by contacting external bodies for assistance:
Support for complainants
Complaints may be made by a person’s representatives with permission to act on behalf of, or support, a person who themselves might have limited capacity to make a complaint.
The Office of the Commissioner is responsible for assisting a person to make a complaint when requested to do so. A person requesting assistance could be someone who uses English as a second language, be experiencing a disability, or be a vulnerable person (including a child).
The National Relay Service provides support and services to persons with hearing and speech impairment.
A Translating and Interpretation Service can be contacted via 131 450 (charges apply).