New South Wales Consolidated Regulations

RACING APPEALS TRIBUNAL REGULATION 2004 - REG 6

6 Procedure for appeals (other than appeals by Racing NSW)

(1) An appeal under section 15 (1) of the Act is to be initiated by the lodging of a notice of appeal in writing with the Secretary:

(a) in the case of an appeal made under section 15 (1) (a), (b) or (d) of the Act-within 7 days of the date on which the appellant is notified of the decision appealed against, or

(b) in the case of an appeal made under section 15 (1) (c) of the Act-at any time after the expiration of 28 days after the appeal to the Appeal Panel or racing association is lodged.

(2) The Secretary is, on receiving a notice of appeal under section 15 (1) of the Act:

(a) to forward notice of the appeal to the Tribunal, and

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

(3) Within 7 days of receiving the transcript of evidence, the appellant is to lodge with the Secretary a written notice of the grounds of appeal. The appeal is to be limited to those grounds, except by leave of the Tribunal.

(4) On receiving notice of the grounds of appeal, the Secretary is to forward a copy of the notice to the Tribunal along with a transcript of the evidence taken at the hearing in respect of the decision appealed against.

(5) The date, time and place for the hearing of an appeal is to be fixed by the Tribunal. The Secretary is to give at least 7 days’ written notice of the date, time and place to the appellant and to such other persons as the Tribunal thinks fit.

(6) The Tribunal is to commence the hearing of an appeal as soon as practicable within 28 days of the lodging of the notice of the grounds of appeal.

(7) The Tribunal may, in a particular case, extend any period of time specified in this clause if in its opinion the circumstances of the case so require.