Intro
It is with pleasure that I present the Annual Report of the Racing Penalties Appeal Tribunal (Tribunal) of Western Australia (WA) for the year ended 30 June 2025.
During the year, there were 16 appeals before the Tribunal, with 11 new appeals lodged and 8 determined. This is similar to the previous year, in which there was 16 appeals, which included 13 new lodgements and 11 determinations.
The Tribunal notes that in recent years there has been a tendency for matters to be conducted with an increased legal rigour to what has historically been the case. In many cases detailed written legal submissions will be received by the Tribunal prior to an appeal hearing. It is also increasingly common for the Tribunal to list matters for preliminary directions and determinations, prior to the substantive appeal hearing taking place. Tribunal members are, accordingly, spending significantly more time in preparation for appeal hearings than has been required in the past.
I thank the Tribunal members for their efforts and commitment to the work of the Tribunal over the past year.
I express the Tribunal’s appreciation to the State Administrative Tribunal for the continued use of their facilities to conduct Tribunal hearings.
Finally, I thank the staff of the Department of Local Government, Sport and Cultural Industries (DLGSC), for the provision of executive services in 2024-25 in support of the operations of the Tribunal, and their commitment to supporting the Tribunal to meet its corporate, financial and statutory obligations.
The Tribunal is established under the Racing Penalties (Appeals) Act 1990 (Act). The Tribunal was established to confer jurisdiction in respect to appeals against penalties imposed in disciplinary proceedings arising from, or in relation to, the conduct of thoroughbred racing, harness racing and greyhound racing, and for related purposes.
During 2024-25, the Minister responsible for the Tribunal was Hon Paul Papalia CSC MLA, Minister for Emergency Services; Corrective Services; Defence Industries; Veterans; Racing and Gaming.
The aim of the Act is to create and maintain industry confidence in the enforcement of the various racing rules by providing an impartial judicial forum for the hearing of appeals.
DLGSC provided executive support for the Tribunal in 2024-25. On 31 March 2025, the Premier of Western Australia, the Hon Roger Cook MLA, announced targeted reforms involving nine departments which came into effect on 1 July 2025. The reform included reshaping the Department of Local Government, Sport and Cultural Industries (DLGSC). The local government and racing, gaming and liquor functions of DLGSC joined the industry regulation and safety functions (remit of the Department of Energy, Mines, Industry Regulation and Safety) to form the Department of Local Government, Industry Regulation and Safety. Accordingly, as of 1 July 2025, the Department of Local Government, Industry Regulation and Safety (LGIRS) provides executive support for the Tribunal.
DLGSC recouped the cost of providing these services from the Tribunal through a service level agreement which is funded by Racing and Wagering Western Australia (RWWA), the statutory authority established by the Racing and Wagering Western Australia Act 2003 to regulate the thoroughbred, harness and greyhound racing codes as the Principal Racing Authority in WA.
A person who is aggrieved by a determination of RWWA, a steward or a committee of a racing club may appeal to the Tribunal within 14 days of the determination date.
The Tribunal can hear the following matters:
Additionally, the Tribunal may grant leave to appeal in relation to a limited range of other matters.
The jurisdiction of the Tribunal does not extend to a determination of a steward, a racing club, or a committee in matters that are dealt with by RWWA regarding:
The Tribunal is required to hear and determine an appeal based on the evidence of the original hearing but may allow new evidence to be given or experts to be called to assist in its deliberations.
When determining an appeal, the Tribunal may make the following orders:
Decisions of the Tribunal are final and binding.
Sections 5 and 6 of the Act provides that the Tribunal consists of a Chairperson and other members as determined by the Minister for Racing and Gaming. The Schedule to the Act specifies terms of appointment not exceeding three years, with an eligibility for reappointment.
The Tribunal is constituted by the Chairperson (in the absence of the Chairperson, an acting chairperson or a member presiding) and two members sitting to hear appeals. An appeal may be heard by the Chairperson, an acting chairperson or member presiding sitting alone where the Regulations allow.
As of 30 June 2025, the Tribunal consisted of six members.
Mr Nash was appointed Chairperson in August 2022. He is a barrister admitted as a practitioner of the Supreme Court of WA and the High Court of Australia and is a General Public Notary. During the course of his career, Mr Nash has served in a non-executive capacity on several councils, committees, and charitable and non-charitable boards, including as Chairman of Australian Silica Quartz Group Limited, Councillor for the Town of Mosman Park, Chairman of the WA Soccer Disciplinary Tribunal, Council Member of the Law Society of WA, Convenor of the Education Committee of the Law Society of WA, Counsel Assisting the Royal Commission into the City of Wanneroo, Member of the Professional Conduct Committee, Ethics Committee, and Elder Law & Succession Committee of the Law Society of WA, Head of the WA Legal Panel of the Royal Australian Navy, and Council Member of the WA Bar Association Council.
Mr Overmars was appointed to the Tribunal in March 2018. She practices in the Wills, Estates and Family Law. Ms Overmars holds a Bachelor of Laws and Bachelor of Arts from the University of Notre Dame Australia and was admitted as a Barrister and Solicitor of the Supreme Court of WA in 2005. She has had a varied career working for Legal Aid WA, Women’s Legal Service WA and in private practice in the areas of Family Law, Criminal Law, Restraining Orders and Wills and Estates. Ms Overmars successfully operated her own legal firm, Hills Hope Legal Pty Ltd in Mundaring, for a period of six years. Ms Overmars is a horse owner, with a keen interest in horsemanship.
Mr Gleeson was appointed to the Tribunal in August 2022. He is a founding Director of Percy Kakulas Gleeson Injury Lawyers. He specialises in all aspects of plaintiff litigation, advocacy and advice across medical negligence, historical sexual abuse, work and industrial accidents and disease, motor vehicle accidents, product liability, and superannuation and group insurance claims. Mr Gleeson is listed by the prestigious Doyles Guide as a leading lawyer for work injury compensation nationally as well as in WA, and for medical negligence, motor vehicle accident and public liability compensation in WA.
Ms Sinton was appointed to the Tribunal in August 2022. She works as a State Prosecutor at the Office of the Director of Public Prosecutions for WA She completed a Bachelor of Science and Master of Forensic Science before graduating with a Bachelor of Laws with Honours in 2007. Ms Sinton was a Judge’s Associate at the Court of Appeal for two years before commencing as a solicitor in the Criminal Law Division at Legal Aid in 2010, initially in the Duty Lawyer team and in 2012 she joined the Criminal Appeals team. Ms Sinton was the Secretary of the Criminal Lawyers’ Association from 2015 to 2019.
Mr Willesee was appointed to the Tribunal in December 2023. He works at Francis Burt Chambers where he practices in commercial litigation and arbitration. He has acted for clients in disputes in State and Federal courts, administrative tribunals, international and domestic arbitrations as well as a range of alternative dispute resolution procedures. Mr Willesee has a broad commercial practice with experience in complex disputes in the energy, resources, transport and infrastructure sectors. Prior to joining the Bar, Mr Willesee was a Senior Associate in the dispute resolution team of Ashurst in Perth and London. He had previously been Associate to the Hon Justice Pritchard at the Supreme Court of WA.
Ms Zhang was appointed to the Tribunal in December 2023. She is a barrister at Francis Burt Chambers in 2023, where she accepts briefs on a wide range of matters, with recent experience in commercial litigation, especially construction matters. Ms Zhang has acted on matters concerned with insurance claims, class actions, white collar and corporate crime, family property disputes, and wills and estates. Prior to being called to the Bar in WA, Ms Zhang was a senior associate at Johnson Winter & Slattery in Perth. Ms Zhang has experience in criminal and family law at the New Zealand Bar, and is a barrister admitted as Practitioner of Supreme Court of WA, of the High Court of Australia and of the High Court of New Zealand.
The Tribunal is responsible for administering the Act.
The Tribunal complied with the following relevant written laws in the performance of its functions:
The Tribunal’s Outcome Based Management Framework has not changed in 2024-25.