On 15 June 2012 The Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Mr Nathan Jack in regard to the decision of the HRV Racing Appeals and Disciplinary (RAD) Board on 27 April 2012 in finding Mr Jack guilty of a breach of ARHR 149 (1) which reads as follows:
149 (1) A driver shall take all reasonable and permissible measures during the course of a race to ensure that the horse driven by that driver is given full opportunity to win or obtain the best possible placing in the field.
The alleged rule breach related to Mr Jack’s drive on the Bryan McGinty trained horse ‘Bet Your Life NZ’ at Mildura on 15 March 2012. After hearing evidence and submissions, the presiding member His Honour Senior Member Nixon upheld Mr Jack’s application in relation to the breach of ARHR 149 (1). Senior Member Nixon imposed a $200 fine under a substitute rule 162 (1) (www) which reads as follows:
162(1) A driver shall not- (www) once the horses have entered the home straight on the final occasion, allow his or her horse to shift ground in a manner which impedes, hinders or advantages another runner.
