Appeals and tribunals

As prescribed in the NT Rules of Racing;

NT 18.

(a) Any person who is aggrieved by a decision of the Stewards may appeal to the Principal Racing Authority by lodging with the Principal Racing Authority within four (4) days after such decision, a Notice of Appeal in writing setting out the grounds thereof. A deposit of $100 must accompany such notice. Provided that such appeal may be referred by the Principal Racing Authority to be heard by the Committee of the Alice Springs Turf Club.

(c) Alternatively, when the decision of the Stewards

(i) Impose a fine greater than $1,000

(ii) Impose a suspension or disqualification for a period longer than 3 months

(iii) Suspend or disqualifies a horse for a period longer than three (3) months

(iv) Impose a fine of more than $500 together with a suspension or disqualification for longer than one (1) month

NT 20.

Where on, or subsequent to, the lodging of an appeal to the Principal Racing Authority, the appellant makes application under the provisions of ARR 200 to the Principal Racing Authority to suspend the operation of a decision of the Stewards pending the hearing of such appeal, the appellant shall lodge on the making of the application a further deposit of $100.

NT 21.

Until the hearing of the appeal or the rehearing of the case, the decision of the Stewards shall be valid and in force unless otherwise ordered by the Principal Racing Authority.

NT 22.(a)

Should an appellant wish to be represented by counsel at the hearing of an appeal, he must make application to the Principal Racing Authority at the time of lodging the Notice of Appeal.

(b) The Principal Racing Authority may appoint counsel to instruct the Principal Racing Authority or to represent the Stewards at any appeal.

NT 23.

Upon notice of any appeal being lodged, the Stewards shall deliver to the Secretary of the Principal Racing Authority as soon as possible, a true copy of the transcript of evidence taken before them.

NT 24.

The Principal Racing Authority shall cause to be given to the appellant and to the Stewards such notice of the time and place appointed for the hearing of the appeal as the Principal Racing Authority deems sufficient but the Principal Racing Authority may hear and determine the appeal notwithstanding the absence of the appellant or the Stewards or any of them.

NT 25.

(a) The Principal Racing Authority may hear the appeal either upon the notes of evidence taken by the Stewards or upon the case stated by the aggrieved person and the Stewards, or they may rehear the case upon affidavits or statutory declarations or on viva voce evidence, or in any way they think fit, either in the presence of the parties and Stewards or in the absence of them or either of them.

(b) Except by leave of the Principal Racing Authority, no fresh evidence shall be allowed at the hearing of any appeal.

(c) The Principal Racing Authority may quash, set aside, alter, vary, increase or add to the punishment imposed by or confirm the decision of the Stewards or refer the case on appeal back for rehearing or the decision for reconsideration, and they shall have power to draw inferences of fact and to give any judgement or decision and make such order as in their opinion the justice of the case requires and may make such order as they deem fit with reference to the deposit or deposits lodged.

NT 26.

(a) The powers aforesaid may be exercised by the Principal Racing Authority not withstanding that in the Notice of Appeal only part of the decision may have been objected to or sought to be reviewed, varied or otherwise dealt with.

(b) The powers aforesaid may also be exercised against any or all other person or persons who may be considered by the said Principal Racing Authority to be implicated, although he or they may not have appealed from such decision, or may not have been dealt with by such Stewards, and in the exercise of such last-mentioned power, with reference to any person who may not have appealed or have been dealt with by such Stewards, due notice shall be given him by the Principal Racing Authority of their intention to investigate and deal with the matter in relation to him.

NT 27.

An appeal once lodged may only be withdrawn with the permission of the Principal Racing Authority.

NT 28.

The decision of the Principal Racing Authority shall be final.

The aggrieved person may appeal to the Independent Appeals Tribunal, by lodging a Notice of Appeal accompanied by a fee of $200, within seven (7) days of such decision with the Secretary of the Tribunal. Any such appeal will be conducted within the terms of the Northern Territory Racing and Betting Amendment Act No.39 of 1990.

As per RACING AND BETTING ACT - SECT 145Q

1.

The Secretary, on receiving a notice of appeal under section 145D, shall -

(a) forward the notice to the Chairman and a copy to the steward, official, club or the Commission, as the case may be, whose decision is the subject of the appeal; and

(b) serve on the appellant a transcript of the evidence taken at the hearing in respect of the decision appealed against.

2.

An appellant shall, not later than 7 days after receiving the transcript of evidence furnished under subsection (1)(b), lodge with the Secretary a notice in writing of the grounds of appeal, and, except by leave of the Tribunal, the appeal shall be limited to those grounds.

3.

The Secretary shall, on receiving a notice under subsection (2), forward a copy of it to the Chairman and the steward, official, club or the Commission, as the case may be, whose decision is the subject of the appeal, and shall forward to the Chairman a copy of the transcript of the evidence taken at the hearing.

4.

Subject to subsection (5), the date, time and place for the hearing of an appeal shall be fixed by the Chairman, and not less than 7 days written notice of that date shall be given by the Secretary to the appellant, the steward, official, club or the Commission, as the case may be, whose decision is the subject of the appeal and to such other persons, if any, as the Chairman may direct.

5.

The Tribunal shall commence hearing an appeal not later than 28 days after the lodging of the notice of the grounds of appeal under subsection (2).

6.

Notwithstanding this section, the Tribunal may extend by order any period of time prescribed by this section if, in the opinion of the Tribunal, special circumstances so require.