Racing NSW is duty bound to do everything in its power to uphold the integrity of thoroughbred racing in New South Wales.

Accordingly, Racing NSW is proceeding with the licensing of veterinarians, a process which it considers crucial to the integrity of racing, particularly in relation to the use of illegal substances.

It is unfortunate that the Equine Veterinarians Australia (EVA), a special interest group of the Australian Veterinary Association, continues to scaremonger in respect of Racing NSW’s licensing of vets with outrageous claims that lack credibility. In particular:

• It is totally absurd to assert that vets would be prevented from speaking out on the welfare of horses given that the health and welfare of horse and human is paramount. In fact, the most likely reason that a vet would be the subject of an investigation by Racing NSW is that the vet’s actions have endangered the health or welfare of a horse. Racing NSW works very closely with the RSPCA on matters relating to the health and welfare of horses.

• A vet’s licence will not be suspended or revoked unless it has been found that there has been a serious breach of the Rules of Racing. All decisions made by Racing NSW and its Stewards are subject to the rules of procedural fairness and natural justice including the rights of a vet to respond to any charges by way of calling evidence and making submissions.

• Further, a vet can appeal any decision of the Racing NSW Stewards to the Appeals Panel which is a tribunal independent of the Racing NSW Stewards. Appeals before this Panel are a completely new hearing of any matter. There is also a right of appeal from the Appeal Panel to the Racing Appeals Tribunal which is an independent NSW State Government Tribunal where hearings are held before a person with the status of a District Court Judge. Again, it is a complete new hearing. Finally, if a vet is of the view that he has been denied natural justice by all of those bodies, that vet can seek judicial review by the Supreme Court of New South Wales. All these levels of appeal ensure that all hearings by Racing NSW are conducted with the highest level of natural justice and due process.

• Both the Appeal Panel and the Racing Appeals Tribunal can also stay any decision of Racing NSW or its Stewards to ensure the status quo, including a vet’s right to practice in thoroughbred racing, is maintained while an appeal is being determined.

Why the need for dual regulation

As decided by the NSW Supreme Court in the case of Dr Ross Pedrana and Others v Racing NSW, the Veterinary Practitioners Board looks at an applicant for registration as a veterinarian generally and in no other capacity.

Racing NSW’s purpose in licensing veterinarians is consistent with its statutory role directed at the control and regulation of racing, especially in relation to integrity and maintaining public confidence in the industry.

Veterinarians are persons whose daily activities attending to and treating horses directly affect the integrity of race meetings and the public interest as it relates to the horse racing industry.

How difficult is it to be licensed?

The application form is very straightforward and should take a matter of minutes to complete.

Has Racing NSW pursued any alternatives to licensing of vets?

Racing NSW has had extensive discussions since February 2012 with the NSW Veterinary Practitioners Board (VPB), the Australian Veterinary Association (AVA) and the Equine Veterinarians Australia (EVA) as to alternatives to licensing by Racing NSW.

One of the proposals that came from those discussions was an arrangement where racing-related complaints against vets would be dealt with by the VPB.

Accordingly, agreement was reached with the VPB in November 2013 on four critical points of an alternative disciplinary regime.

Unfortunately, since that date, the VPB has gradually withdrawn their agreement on all four points.

Racing NSW acted in good faith and made every effort to enter into that alternative regime.

Regrettably, the VPB was unable to enter into a mutually acceptable agreement and left Racing NSW with no option but to proceed with its licensing regime so as to protect the integrity of thoroughbred racing in NSW and to maintain public confidence in the industry.

Timing

The licensing regime commences on 1 July 2015.

However, in order to allow veterinarians time to lodge the registration forms and for trainers, particularly in rural areas, time to ensure that their stable vets are licensed, there will be a moratorium of enforcement of LR82C until 1 August 2015.