Penalty Review - Harness Racing SA

Harness Racing South Australia (HRSA) has completed a review of penalties imposed for breaches of the Australian Rules of Harness Racing.

The purpose of this review was to analyse historical offending and, if applicable, make recommendations as to how HRSA, moving forward, could modify and contemporise its approach to breaches of the rules.

Analysis

The review commenced by analysing offending over the past two years. This revealing four primary categories of offending, these being;

•          Driver breaches
•          Trainer breaches
•          Conduct related breaches
•          Positive drug violations

The review identified that sanctions imposed for trainer and driver offending was consistent with those imposed by other Australian harness racing jurisdictions; however, the penalties levied against those who were guilty of conduct related breaches or those who transgressed the drug rules were not so consistent.

Additionally, the review found that while the vast majority of rule contraventions analysed related to race day matters (trainer and driver offending), conduct related matters were however disproportionally represented and this was concerning.

With respect to drug positives the review identified that whilst there was divergence with respect the drugs detected the penalties imposed for these breaches were almost, without exception, always a disqualification of licence for the person (trainer) in charge of the horse. Such disqualifications ranging in quantum depended upon the individual circumstances of the case.

The review expressed concern that while there was significant diversity with respect to the drugs detected there was no such diversity with regard to the mode of penalty employed in dealing with these matters.

Resultantly it was proposed that modifications be made to the penalty structure for drug related offending which better reflected the nature of the offending.

Recommendations

The paper made a number of key recommendations including, but not limited to;

1. That the schedules for prescriptive related offences eg. slow sectionals, late driver notification etc. be expanded to provide for offending in the first, second and third instance, and that the penalties for these offences be promulgated having regard to the individuality of South Australian harness racing.
2. That a ‘Starting Point’ penalty regime be adopted for the most commonly breached rules (those breached over the past two years); being that the starting point for each offence would be that penalty imposed in those situations where there was an absence of any aggravating or mitigating factors.
3. That in order to encourage compliance and to more effectively regulate /enforce proper behavioural standards that there be an uplift in penalties and sanctions for those who choose to act in contradiction of the conduct related rules and/or who’s actions fall below the industries expectations.
4. That with respect to drug rule violations there be a hierarchal classification of drugs and that this be based on international best practice relating to such matters- being that drugs are classified as to the potency and acceptance in horse racing.
5. That the penalty mechanism for such drug violations be reflective of the offending and proportionate to the offence., however central to this being the traditional deterrence model, which assumes that fear of sanctions keeps persons law- abiding, and discourages similar offending.
6. That to this end the review proposed that for drug offences involving therapeutic medications an alternative enforcement mechanism be adopted; this being that the starting point be migrated from a disqualification to a fine.
7. That in all those in those situations, where the contraventions are clearly not inadvertent or minor, the Stewards will have the right to impose heightened penalties.

Outcomes

The Board of HRSA has considered the review and adopted the recommendations contained within the report.

Therefore, follow this link to schedules prescribing, in the case of prescriptive offending - set penalties and for all other offending a set of Starting Points. These schedules being as follows;

1. Schedule 1 - Infringement Schedule
2. Schedule 2 - General Offences
3. Schedule 3 – Conduct Related Offences
4. Schedule 4 – Drug Classifications and Modified Penalties.

These schedules taking effect 1st July 2017

Ross Neal
Chairman of Stewards
HARNESS RACING SOUTH AUSTRALIA

29th June 2017