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Report Details


Committee Name:

Delegated Legislation Joint Committee (1987 - 2001)

House:

Joint
Report Type:Report

Title:

Rules of Harness Racing 1999
Report No:47
No of Pages:36
Physical Location:Legislative Council Committee Office

Presentation Date:

03/30/2000


Click here to view the report


Hide details for Executive SummaryExecutive Summary

1.1 The Committee raised a number of concerns regarding the Rules of Harness Racing 1999 (“Rules”). The Committee’s concerns are set out in its correspondence to the Western Australian Trotting Association (“WATA”) being “Annexure A” and “C” to this report and its letter to the then Minister of Racing and Gaming, Hon Max Evans MLC, dated November 9 1999 being “Annexure E”.

1.2 The Committee’s principal concern was with the apparent lack of legislative authority for appointed officials of the WATA to demand breath and urine samples for the purpose of obtaining evidence of offences committed under Rules 250, 251 and 252.

1.3 As a result of its concerns the Committee moved a “protective” motion for disallowance of the Rules. The motion was moved in the Legislative Council on Tuesday October 19 1999.

1.4 The Committee was satisfied with the written undertakings provided to it by the WATA in which the Association agreed to amend the Rules in a manner acceptable to the Committee. The WATA also agreed to bring to the attention of the Minister for Racing and Gaming, the Committee’s concerns with the apparent lack of legislative authority for appointed officials of the WATA to demand breath and urine samples. The WATA agreed to recommend to the Minister that an appropriate amendment be made to the Act to put the matter beyond doubt. The written undertakings are contained in correspondence from the WATA dated October 27 and November 10 1999, being “Annexure B” and “D” respectively.

1.5 Due to the Committee’s concerns being adequately addressed in the written undertakings from the WATA, the Committee resolved to seek the leave of the Legislative Council to remove its motion for disallowance of the Rules. Leave was granted and the motion was withdrawn on Tuesday November 10 1999.

1.6 The Committee wrote to the Minister by letter dated November 9 1999 (“Annexure E”) to draw to his attention its concerns with the apparent lack of legislative authority for appointed officials of the WATA to demand breath and urine samples. The Committee recommended that the Minister take the necessary steps to amend the Act to specifically provide for this power and to ensure that appointed officials carrying out their duties were protected from personal liability in the bona fide exercise of such a power.

1.7 The Minister, Hon Norman Moore MLC (Hon Norman Moore MLC replaced Hon Max Evans MLC as Minister for Racing and Gaming on December 22 1999), responded by letter dated January 27 2000, being “Annexure F” to this report. The Minister was not prepared to amend the Act to provide stewards of the WATA with the power to demand breath and/or urine samples. However, the Minister did acknowledge that the By-laws may require amendment to clarify the power of the Controlling Body or stewards to:
      1.7.1 Control the use of alcohol and other drugs at race meetings; and
      1.7.2 Discipline persons, charged under Rule 238 in the event that a request to volunteer a bodily sample is met with a refusal.
1.8 The Committee remains concerned that the absence of a requirement contained in the Act to submit a sample of breath and/or urine on demand may result in any penalties imposed being found beyond the power of the WATA if the matter is tested in the courts.