Australian Capital Territory

Racing Appeals Tribunal Appointment 2014 (No 1)

Disallowable instrument DI2014-145
made under the 
Racing Act 1999, subsection 40 (Membership) and section 1.1 of Schedule 1 (Tribunal members – appointment)

EXPLANATORY STATEMENT

Section 38 of the Racing Act 1999 (the Act) establishes the Racing Appeals Tribunal to hear and determine appeals from persons aggrieved by a decision of a controlling body, an approved racing organisation or another person conducting a race meeting in the ACT.

Subsection 40(1) of the Act provides that the Tribunal must consist of a president, a deputy president and 4 other members. Subsection 40(2) requires the appointment and conditions of office of members of the Tribunal must be in accordance with Schedule 1 to the Act.

Section 1.1 of Schedule 1 to the Act provides that members of the Tribunal are to be appointed by the Minister. Subsection 1.1(2) and 1.1(3) of Schedule 1 to the Act requires that the appointment of a Deputy President must be in accordance with the prescribed criteria. Section 1.3 of Schedule 1 to the Act further provides that a member of the Tribunal must be appointed for a term not longer than 3 years. 

The Minister has appointed Mr John Kalokerinos as Deputy President of the Racing Appeals Tribunal. The appointment meets the requirements specified in subsection 1.1(2) and 1.1(3) of Schedule 1 to the Act and is for a period of three years commencing on 14 July 2014.

Under subsection 227(1) of the Legislation Act 2001 the appointment of the Deputy President of the Racing Appeals Tribunal is a statutory position (subsection 1.1(1) of Schedule 1 to the Act requires members of the tribunal are appointed by the Minister).

As Mr Kalokerinos is not a public servant section 228 of the Legislation Act 2001 requires that consultation with appropriate Assembly committee occur.  The Standing Committee on Public Accounts has been consulted about this appointment.

Section 229 of the Legislation Act 2001 provides that a statutory appointment is a disallowable instrument.