The Supreme Court today found that Racing NSW’s attempt to put the biggest race club in Australia into administration was invalid.
The Racing Reform Group (RRG) welcomes the ruling from Justice Kunc – it is a momentous moment for the club. But as Justice Kunc states in his judgement, there are wider issues in horseracing that must be resolved.
As a result of today’s decision, it is vital the NSW government responds to the urgent need for change.
The Minister for Racing, David Harris, and the state government must recognise the overarching need to reform the NSW racing legislation, to make Racing NSW accountable to both the industry and to the NSW Government, and to set clear boundaries on its powers.
The review of the Thoroughbred Racing Act being conducted by Brad Hazzard must address the structural power imbalances between participants and the regulator.
This necessitates that Minister Harris expands the terms of reference of Mr Hazzard’s review to include the funding model of racing and the relationship between Racing NSW and the state government.
We look forward to the Racing Minister’s engagement (with the industry and the public) on the path ahead in the very near future.
This litigation has been funded by Racing NSW spending millions of dollars of the industry’s own money to wage an ultimately invalid campaign against the ATC. If Racing NSW were an organisation that was genuinely accountable to the industry it is doubtful this case would have gone this far.
As Justice Kunc stated, horse racing is undertaken by the race clubs and not by Racing NSW. The clubs are important institutions in their local communities and are responsible to their members.
The board and staff of the ATC have been under the threat of an invalid administration for six months – a huge distraction when it should have been concentrating on running successful Spring and Autumn Carnivals. We hope today’s decision paves the way for the club to refocus on running horse racing.
The RRG looks forward to working with participants and contributing to the reform of the administration of racing in NSW to make sure the industry is governed with its long-term sustainability as a key priority.
