THE SUNSHINE COAST NEWSPAPER COLUMN - RACING NEEDS TO GET OFF THE CANVAS AND MAKE A FIGHT OF IT

By Graham Potter | Sunday, February 21, 2016

Graham Potter writes a weekly column for the Sunshine Coast daily. Due to demand from those having trouble accessing the paper these columns are now also published on HRO courtesy of the Sunshine Coast daily.

Sometimes I really do wish I knew more about a particular point of law.

For example I have followed previous commission of inquiries and have noted that, even when a line of investigation was leading towards uncovering something unexpected, it could not always be pursued at that time because it did not fall with the commission’s frame of reference.

My understanding is that the parameters of such inquiries are pre-set to focus on achieving predetermined aims and, I would assume, are legally bound by that particular mandate.

in his covering letter to the Premier of June 1, 2015, when presenting his final report, Commissioner Alan MacSporran wrote, ‘In accordance with Commissions of Inquiry Order (No 2) 2015, I present the report of the Queensland Greyhound Racing Industry Commission of Inquiry’ ... and he added his name to the letter with the designation, ‘Commissioner, Queensland Greyhound Racing Industry Commission of Inquiry.’

In case you missed it, let me repeat it again. It was a Queensland Greyhound Racing Industry Commission of Inquiry.’ Not a horse racing inquiry. Nothing to do with harness racing.

Which begs the question, did the MacSporran Commission exceed its powers by implicating all three racing codes and, if so, ARE THE RECOMMENDATIONS OF THE MACSPORRAN COMMISSION, EVEN LEGAL IN THE FIRST PLACE?

It certainly is a question that needs an answer because, in spite of going through government records, I cannot find any amendment expanding MacSporran’s original mandate.

The only possible link to the greater racing industry is that the Commission’s investigative trail would have led to the dealings of Queensland Racing All Codes Board but, even if it had to take issue with that board on a greyhound point of order, taking a quantum leap to pull the entire, separate horse racing and harness racing industries into the fray surely smacks of an unworthy and arguably an irresponsible overkill.

Of course in law there is always the ‘loophole’ factor and I guess what has to be settled here is, who has found the loophole?

If it is the government, or if they did in fact expand MacSporran’s powers, they will be able justify and clarify what might otherwise be considered a possible abuse of power ... but they will need to explain it. They can’t just waltz away on a whim taking the future of horse racing with them.

But if the loophole found trips up the government, racing needs to press home that advantage.

I’m not saying horse racing will win this challenge, but it is a challenge that nevertheless has to be made. If government wants to take horse racing out of the hands of racing people, they should at least be made to work for it.

In fact, that is the position that horseracing stakeholders need to take. They need to seriously challenge the government’s process and rulings (past and present) at every possible turn, and find the flaw, if they are ever going to see off the ‘takeover’ that is currently underway.

They need to beef up the defence of their industry. They have to realise that standing cap in hand trying to put racing’s case to people who are either not listening, or, who have so little understanding of the subject to make a reasonable judgement, simply doesn’t cut it anymore.

The clock is ticking.

The question now is, can horse racing stakeholders beat the count before time runs out?

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*The newspaper column (above) is limited by space restrictions. Other obvious facts that need to be challenged are, did the process of appointing an interim CEO for Racing Queensland follow an acceptable level of scrutiny to ascertain his suitability and impartiality for the job?

Even if his short-term appointment of three months was all well and good in terms of his financial ‘stock-taking’ expertise ... interim meaning interim ... with no experience in the racing industry, how can his extended term of office to oversee and adjudicate on the greater horse racing industry in Queensland be justified?

If the new racing law has still to be passed, what racing law does the structure of Racing Queensland currently fall under and are all the criteria of that law, in terms of racing boards and the number of positions that need to be filled, being met as per legal obligations?

The new Racing Integrity Bill ... questions remain about the overall acceptance of the format and details and the costs involved?

Has the government been negligent in any of the above mentioned matters and, if that is ever shown to be the case, are they liable to have to correct any situation (or compensate) where their shortcomings have compromised one of the largest industries in the land?

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I know some of these are old questions but I believe they’ve been allowed to slip by without definitive answers while the government simply moves forward with its own agenda, against common sense and the wishes of the majority of racing’s stakeholders.

There is simply too much at stake here to continue to let them have an uninterrupted run to the line.

And by the way, for those from both sides of the political spectrum who like to dismiss certain points of view as being politically motivated, this is not a political column.

Hard as it might be for those party faithfuls to understand, there are people out there who can have racing’s best interests at heart without being a LNP or Labor lieutenant.