Victorian Numbered Acts Victorian Numbered ActsAfter Part IVA of the Racing Act 1958 insert —
The Victorian Racing Integrity Board is established.
(1) The Integrity Board has the following functions—
(a) to oversee relationships between the controlling bodies of Racing Victoria, Greyhound Racing Victoria and Harness Racing Victoria and their integrity staff;
(b) to endorse an annual integrity plan for each controlling body;
(c) to review and provide recommendations related to integrity resourcing and the integrity budgets of each controlling body;
(d) to advise and make recommendations to the controlling bodies relating to—
(i) integrity policy; and
(ii) participant licensing policies; and
(iii) licensing procedures;
(e) to review proposals for new or amended rules of racing as they relate to integrity and make recommendations in relation to the rules as they relate to integrity;
(f) to receive complaints made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body;
(g) subject to section 95N, to refer complaints made by a person referred to in paragraph (f) to the Racing Integrity Commissioner for investigation or investigate complaints not within the powers of the Racing Integrity Commissioner;
(h) to liaise with the Racing Integrity Commissioner and external agencies regarding integrity matters;
(i) to maintain an effective working relationship with the boards of the controlling bodies;
(j) to consider and provide direction in relation to any form of disciplinary action that a controlling body proposes to take against a senior member of an integrity department in relation to internal integrity matters;
(k) to oversee the development of a memorandum of understanding or a shared services agreement between the controlling bodies;
(l) issue directions to controlling bodies regarding integrity matters.
(2) The Integrity Board has any other functions conferred on it by or under this Act or any other Act.
(3) The Integrity Board has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
(1) The Integrity
Board consists of not less than 7 and no more than 9 members appointed by
the Governor in Council
on the recommendation of the Minister
of whom—
(a) one is to be the Chairperson; and
(b) 3 are to be Deputy Chairpersons.
(2) The Chairperson must be a person who is an Australian lawyer with not less than 7 years experience as an Australian lawyer.
(3) The Deputy Chairpersons must be persons whom the Minister believes have the requisite knowledge of the relevant racing code being—
(a) a Deputy Chairperson with knowledge in greyhound racing; and
(b) a Deputy Chairperson with knowledge in harness racing; and
(c) a Deputy Chairperson with knowledge in thoroughbred racing.
(4) The other members of the Integrity Board must be persons who the Minister believes have the skills, experience and knowledge necessary to assist the Board to carry out its functions.
(5) The following persons are not eligible for appointment as a member of the Integrity Board—
(a) a person who is a current director, board member or employee of a controlling body or a racing club;
(b) a person who has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse;
(c) a person who is registered or licensed by a controlling body under the rules.
(1) A member of the Integrity Board holds office—
(a) for a term not exceeding 4 years specified in the member's instrument of appointment; and
(b) on the terms and conditions specified in the member's instrument of appointment.
(2) A member of the Integrity Board is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment.
(3) A member of the Integrity Board is eligible for reappointment.
(1) The office of a member of the Integrity Board becomes vacant if—
(a) the member's term expires and the member is not reappointed; or
(b) the member becomes a director, board member or employee of a controlling body or a racing club; or
(c) the member has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or
(d) the member is registered or licensed by a controlling body under the rules; or
(e) the member resigns; or
(f) the member is unable to perform the functions and duties of the office for any reason; or
(g) the member is removed from office under subsection (3).
(2) A member may resign by delivering a signed letter of resignation to the Minister.
(3) Subject to subsection (4), on the recommendation of the Minister, the Governor in Council may remove a member from office.
(4) The Minister must not make a recommendation under subsection (3) unless the Minister is of the opinion that the member should be removed because—
(a) the member's actions or behaviour are, or are likely to be, detrimental to the proper functioning of the Integrity Board; or
(b) the member is otherwise unfit to hold office.
(1) The Chairperson may convene meetings of the Integrity Board.
(2) At the request of the Minister, the Chairperson must convene a meeting of the Integrity Board.
(3) At a meeting of the Integrity Board—
(a) the procedure is as determined by the Integrity Board; and
(b) the quorum is 4 members, one of whom must be the Chairperson or a Deputy Chairperson; and
(c) all questions must be decided by a majority of votes of the members present and voting.
(4) Subject to this Act, the Integrity Board may otherwise regulate its own proceedings.
An act or a decision of the Integrity Board is not invalid by reason only of—
(a) a defect or irregularity in, or in connection with, the appointment of the Chairperson, a Deputy Chairperson or any other member; or
(b) a vacancy in the office of a member.
(1) The Integrity Board may—
(a) receive a complaint made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body; and
(b) review or refer to the Racing Integrity Commissioner for investigation a complaint received under paragraph (a); and
(c) investigate any complaint not within the power of the Racing Integrity Commissioner to investigate.
(2) On receipt of a complaint, the Integrity Board must consult with the Racing Integrity Commissioner about whether the Board or the Commissioner is the appropriate body to investigate the complaint and for that purpose—
(a) the Integrity Board may disclose any relevant information to the Racing Integrity Commissioner; and
(b) the Racing Integrity Commissioner may disclose any relevant information to the Integrity Board.
(3) The Racing Integrity Commissioner may provide guidance to the Integrity Board in relation to the nature or investigation of a complaint.
(1) For the purposes of section 95N, the Integrity Board, by written notice, may direct a controlling body to provide to the Board any information relevant to the complaint, or the review or investigation of the complaint by the Board.
(2) A controlling body which receives a direction under subsection (1) must provide the required information to the Integrity Board within the time required by the Board in the direction.
(3) The Integrity Board may provide information obtained under this section to the Racing Integrity Commissioner.
(1) If a controlling body fails to comply with a recommendation given to the body by the Integrity Board in relation to any matter, the Integrity Board may issue a written direction to the controlling body requiring compliance with the recommendation.
(2) A controlling body which has received a written direction under subsection (1) must comply with the direction.
(1) The Integrity Board may refer any complaint referred to in section 95N to the Racing Integrity Commissioner for investigation.
(2) If the Integrity Board refers a complaint to the Racing Integrity Commissioner under subsection (1), the Board—
(a) must cease its review or investigation of the complaint; and
(b) must provide any evidence or information relating to the complaint in the Board's possession to the Racing Integrity Commissioner.
(3) On a referral under subsection (1), the Racing Integrity Commissioner must determine whether the complaint falls within the powers of the Racing Integrity Commissioner to investigate and—
(a) if the complaint is within the Commissioner's power to investigate, must investigate the complaint under Part IA; or
(b) if the complaint is not within the Commissioner's power to investigate, must refer it back to the Integrity Board for investigation by the Board under section 95N.
(1) Each controlling body must prepare and submit an annual integrity plan to the Integrity Board for endorsement by the Board.
(2) The Integrity Board—
(a) may require the controlling body to provide further information regarding an annual integrity plan submitted to the Board; and
(b) may make recommendations in relation to an annual integrity plan; and
(c) may require the controlling body to make any changes to the annual integrity plan that the Board requires; and
(d) may endorse the annual integrity plan of a controlling body if satisfied that the plan is in the best interests of the industry.
(1) Subject to subsection (2), the Integrity Board may advise the Minister of any failure by a controlling body—
(a) to prepare and submit an annual integrity plan to the Board for endorsement under section 95R; or
(b) to consider, respond to or implement a recommendation made by the Board to that controlling body; or
(c) to comply with a direction of the Board.
(2) Before advising the Minister of a failure referred to in subsection (1), the Integrity Board must—
(a) notify the controlling body of the Board's intention to advise the Minister of the failure of the controlling body; and
(b) advise the controlling body that the controlling body, within 14 days of receiving the notification made under paragraph (a), may respond in writing to the Board in respect of that notification.
(3) The Integrity Board must provide the Minister with any written response made by the controlling body under subsection (2)(b).
The Integrity Board must provide an annual report on its operations for the reporting year to the Minister by no later than 30 September in the following year.
The Minister must cause a copy of the Integrity Board's annual report on its
operations to be laid before each House of the Parliament within 7
sitting days after the Minister receives the report.".
Part 6—Amendment of the Victorian Civil and Administrative Tribunal Act 1998