International Reciprocity of Penalties

The Australian Racing Board articulates the steps that are presently being taken to put in place legally sound arrangements for reciprocating penalties imposed by overseas racing authorities. The Australian Racing Board also describes the current position relating to Christopher Munce being permitted to ride in Australia.

As a matter of general policy the Australian Racing Board supports the concept of reciprocity of penalties. The underlying reasons for that policy include a desire to:

• maintain the integrity of racing in Australia;
• ensure that necessary safety standards are met and enforced; and
• promote and maintain cordial relations with overseas racing authorities.

At the same time, the Board recognises that any arrangements, the purpose of which is to give prima facie effect to overseas penalties, must not contravene the general principles of natural justice which operate in this country. Fundamentally, those principles require that a person against whom an allegation is made, and whose livelihood is placed in jeopardy as a result, must, before any penalty is imposed, be provided with an opportunity to be heard in the jurisdiction in which the reciprocal penalty is sought to be applied. The Principal Authority in that jurisdiction will always retain the discretion whether or not to reciprocate the penalty imposed by the other jurisdiction, based on the facts and submissions made by the person penalised.

Against this background the Board has obtained the advice of Senior Counsel on the drafting of amendments to the Australian Rules of Racing that are both reflective of the objects set out above and consistent with Australian law as it currently applies.

The scheme of the draft new rules is that any penalty imposed overseas will prima facie apply in Australia, subject to the person concerned making application that it not do so, or that it do so only in part. In the event that such an application is made the onus would rest upon the applicant to establish that circumstances existed which warranted the penalty not being reciprocated.

These amendments to the Australian Rules of Racing and the supporting legal advice will now be considered by Principal Racing Authorities and a decision on their adoption made at the Australian Racing Board’s meeting on the 19th March, 2009.

“Looking to the future I am extremely confident that the Australian Racing Board can put in place legally sound arrangements that give appropriate support to the concept of reciprocity of penalties and at the same time observe the requirements of natural justice. I am also confident that the amendments to the Australian Rules of Racing that have been drafted by Senior Counsel are consistent in every material aspect with the contents of the revised Article 10 of the International Agreement on Racing, Breeding and Wagering that the International Federation is currently asking its members to endorse.”– RGB Bentley. Chairman, Australian Racing Board

Christopher Munce

The Australian Racing Board Chairman also reiterated the position arrived at when the Board met in December, 2008 that under the framework that existed at that time each Principal Racing Authority must decide for itself whether to permit Mr Christopher Munce to ride in its State or Territory applying the relevant rules and principles, as Racing NSW did.

“It was recognised in December that it would be a matter for each Principal Racing Authority to determine for itself whether to permit Mr Christopher Munce to ride during his period of disqualification by the HKJC, and several Principal Racing Authorities have subsequently declared their respective positions.”

“The future role is to ensure that we have a national set of arrangements for reciprocity that achieve what we want internationally at the same time as being legally robust. I want to make it clear that this is a united position and has the full support of the Chief Executive and new Board of Racing NSW.”– RGB Bentley. Chairman, Australian Racing Board