Chairman of Stewards Report – January 2014
Minimum Penalties
In March 2013 the Australian Racing Board introduced AR196(5) which provided for
minimum penalties of disqualification for a range of serious offences. With the rule
now in operation some nine months the RNSW Board have amended LR 108 which
defines the “special circumstances” under which a penalty less than the minimum
penalty prescribed in AR196(5) may be applied. The amendment to the local rule
extends the “special circumstances”, where the Stewards can decide not to apply the
minimum penalty of 6 months disqualification, in the case of race day administrations
of medication, to where the Stewards are satisfied that the treatment “was not a
prohibited substance, is of an insignificant nature and is for the welfare of the horse.”
Also the RNSW Board has introduced a further clause which ensures a person does
not innocently become “caught” by the minimum penalty rule, for example, where a
stablehand is assured by the trainer that a medication to be administered is
permissible. Consequently LR108(2) now reads:
(2)For the purposes of AR195(5), special circumstances means where:
a. the person has pleaded guilty at an early stage and assisted the Stewards
or the Board in the investigation or prosecution of a breach of the Rules
relating to the subject conduct;
b. the person proves on the balance of probabilities that, at the time of the
commission of the offence, he:
i. had impaired mental functioning; or
ii. was under duress,
that is causally linked to the breach of the Rule(s) and substantially
reduces his culpability.
c. in the case of offences under AR178E, the medication in the opinion of the
Stewards does not contain a prohibited substance, is of an insignificant
nature and is for the welfare of the horse; or
d. the person proves, on the balance of probabilities that, he did not know,
ought not to have known and would not have known had he made all
reasonable inquiries, that his conduct was in breach of the Rules of
Racing.
The offences caught by the minimum penalty provisions all involve acts of intent
constituting deliberate breaches of the rules of racing.
AR196(5)
Where a person is found guilty of a breach of any of the Rules above, a penalty
of disqualification for a period of not less than the period specified for that Rule
must be imposed unless there is a finding that a special circumstance exists
whereupon the penalty may be reduced:
(In NSW a special circumstance is as stipulated in LR108(2).)
Offence
Tubing – Trainer/licensee stomachtubing, attempting to stomach-tube, cause to be
stomach-tubed or be a party to the stomach-tubing
of a horse within 24 hours before the horse races.
Rule
AR 64G (1)
(a)
Minimum
Disqualification
12 months
Betting – If a jockey or apprentice bets (including
AR 83 (d)
lays) or has an interest in a bet (including a lay bet) in
a race in which he is riding.
2 years
Owning – No jockey or apprentice shall own, take a AR 84
lease or have any interest in any racehorse.
2 years
Betting – Any person who has not allowed a horse
to run on its merits or was a party to a horse not
being allowed to run on its merits and has a lay bet
or an interest in a lay bet on that horse and/or has a
bet or an interest in a bet on another horse
AR 135 (d)
3 years
Conduct Corrupts the Outcome of a Race – Any
person, who in the opinion of stewards, engages in
conduct that corrupts the outcome of a race or is
intended to corrupt the outcome of a race
AR 175
(aa)
5 years
Prohibited Substances – Any person who
administers, or causes to be administered, to a
horse any prohibited substance for the purpose of
affecting the performance or behaviour of a horse
or to prevent it starting in a race.
AR 175 (h)
(i)
3 years
Electronic Devices – Any person who uses, or
AR 175
attempts to use, any electric or electronic apparatus (hh) (i)
or any improper contrivance capable of affecting the
performance of a horse.
2 years
Prohibited Substances Administration– Any
AR 177B
person who, in the opinion of stewards, administers, (6)
attempts to administer, causes to be administered
or is a party to the administration of, any prohibited
substance to a horse being trained by a licensed
trainer that is specified in AR177B(2).
2 years
Raceday Treatment – No person without the
permission of the stewards may administer or
cause to be administered any medication to a horse
on race day prior to such horse running in a race.
AR 178E
6 months
Treatment Book
Extensive stable visits by Stewards and members of the Investigation and
Surveillance Unit have identified a lack of compliance with the requirement to have
an up to date treatment book.
Treatment books under the provisions of rule AR178F shall include the following
information;
(a) The name of the horse
(b) Date of administration of the treatment
(c) Name of the treatment
(d) Route of administration
(e) Amount given
(f) Name and signature of the person/s administrating and/or authorizing the
treatment
Fines of up to $1000 have been applied for trainers who have been found to be in
breach of this rule.
Treatment records must be kept up to date daily and must be provided to Stewards
immediately upon request.
Licensing of Veterinarians – Introduction by Racing NSW – commencement
deferred until 15 January 2014
At the request of the NSW State Government, Racing NSW has agreed to conduct
further negotiations with the NSW Veterinary Practitioners Board in respect of the
licensing regime to be implemented for veterinarians. Accordingly, the
commencement date of the licensing regime and Local Rule 82C is deferred until 15
January 2014 to allow those further negotiations to occur
Notification of pregnancy of filly/mare
Under AR64E no filly or mare may race, trial or take part in trackwork after day 120
of its pregnancy. This rule places a requirement on the trainer to notify the Stewards
in writing that a mare/filly in his charge is pregnant together with the date of the last
service.
Policy on dual declaration of riders involving emergencies
In instances where for example there is a shortage of suitable riders at the weight, a
trainer may request permission of the Stewards to notify a rider already declared on
an emergency, to also be listed as the rider of his/her runner in the field.
Such approval may be given subject to the following conditions;
1. Stewards will consider the pool of available riders who are riding at the race
meeting.
2. The application to dually engage the rider must be approved by Stewards
prior to the rider being dually notified to the Trainers Service Centre.
3. Both trainers and the rider accept that should the emergency gain a start, the
rider concerned is held to that engagement.
4. If the emergency gains a race start (whether at or before the scratching
deadline) the other trainer must without delay then notify a replacement rider.
5. A website notice will be posted advertising the conditions of the dual
engagement.
Irrespective of whether or not one engagement is for an emergency runner, should a
trainer without permission dually notify a rider in any race or should a rider or his
agent on his/her behalf without permission accept two rides in a race, they become
liable to a penalty under the rules.