Functions of the Racing Integrity Commissioner
The Racing Act sets out the various functions of the Commissioner. These functions are to:
- conduct annual audits of the internal integrity and animal welfare processes and systems, in whole or in part, of Racing Victoria (RV), Harness Racing Victoria (HRV) and Greyhound Racing Victoria (GRV) (the controlling bodies), in areas identified:
- by the Commissioner; or
- by the Commissioner in consultation with each controlling body.
- conduct audits outside the subject matter of an annual audit at the request of a controlling body;
- investigate complaints made about the integrity processes and systems of a controlling body;
- refer complaints about the integrity processes and systems of a controlling body to:
- Victoria Police if the complaint relates to a criminal matter;
- IBAC if the complaint appears to involve corrupt conduct (unless it appears to involve corrupt conduct of IBAC or IBAC personnel);
- the relevant controlling body if the complaint relates to an alleged or apparent contravention of the rules of a controlling body; or
- the Victorian Commission for Gambling and Liquor Regulation if the complaint relates to an alleged or apparent contravention of the Gambling Regulation Act 2003;
- the relevant government agency if the complaint relates to an alleged or apparent contravention of any Act or subordinate instrument in connection with the integrity of racing or animal welfare processes and systems of a controlling body;
- the Sub Committee of the relevant controlling body of the complaint relates to an internal integrity matter.
- investigate matters referred by the Minister or a controlling body;
- report the findings of any investigations conducted into complaints that have not been referred to other bodies to:
- the person who made the complaint; and
- with or without identifying the person who made the complaint or the person who is subject of the complaint, the Minister or the relevant controlling body (as the Commissioner considers appropriate);
- conduct own motion inquiries that do not relate to any specific complaint and may include an investigation into systemic issues in racing;
make recommendations (if appropriate) following the investigation of any complaint, inquiry or matter to (as the Commissioner considers appropriate):
the Minister; or
the relevant controlling body
- direct a Racing Appeals and Disciplinary (RAD) Board to hear and determine an appeal made by a person against a penalty imposed on the person under the rules of a controlling body if:
- the penalty imposed is a fine of not more than $250; and
- the Commissioner considers that it is in the public interest for the appeal to be heard; and
- perform any other functions conferred on the Commissioner under the Racing Act.
The Commissioner may advise the Minister of any failure by a controlling body to implement or act on a recommendation made if:
- before advising the Minister, the Commissioner notifies the controlling body of his intention to advise the Minister of such failure to implement or act on a recommendation; and
- the Commissioner advises the controlling body that it may, within 14 days of receiving the notification, respond in writing to the Commissioner in respect of that notification, such response to be provided to the Minister by the Commissioner.
In carrying out his functions, the Commissioner also:
- provides advice on integrity across the three codes and the racing industry;
- liaises with the racing industry regarding policies and practices relating to integrity; and
- facilitates the exchange of information and strengthens relations between the controlling bodies and other agencies as appropriate.