2012 Annual Report - Racing NSW

egulatory
Whilst the requirement for issuing licences will continue to be the
autonomous responsibility of the controlling body in each State, and
each State retains the right to approve or refuse a licence, from the
2011/12 season a visiting jockey was not required to complete an
application for a licence in NSW provided the jockey was licensed in
another Australian jurisdiction. Information required by Racing NSW is
obtained from the applicable Principal Racing Authority.
Personal Property Securities Act (PPSA)
In January 2012 new Federal Government Legislation came into force
that has an effect on racehorse ownership.
The Personal Property Securities Act 2009 (“PPSA”) has a direct
influence on horse owners, particularly as far as the leasing of
horses is concerned.
Initially, the known effect on racing is that parties need to
register any security they have in respect of a horse which owners
are leasing their interest in.
For example, if an owner fails to register (on the Government’s
PPSA register) their interest in a horse they have leased out, the
horse may be seized whilst in the possession of the Lessee if the
Lessee is in financial trouble.
It was further discovered there was legal opinion that gave the
view that the Legislation was not explicit enough so as not to rule
out other situations such as when an owner’s horse is in the care of
a service provider (trainer, agistment property, etc.) for an extended
period regardless of whether it is subject to a lease.
Racing NSW – with the assistance of the NSW Racehorse Owners
Association – provided support to the Australian Racing Board in an
approach to the Federal Attorney General to clarify the situation and
rule out the second possibility, however, slim the risk may be.
The Attorney General did not agree to our request to clarify
the situation by publishing a Regulation to that effect. Owners are
therefore advised to tread with caution.
REGuLATORy DEPARTMENT REPORTS
Licensing
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conducted 13 interviews in relation to licence and other
applications;
considered 41 licence applications that were referred to them
by the Licensing Supervisor, of which 18 were approved, 16
refused and 5 deferred (all applicants who were deferred did
not proceed with application);
considered 12 other matters that were referred to them
including licensee disciplinary matters and proposed
amendments to licensing policy and procedures;
approved 10 Bookmaker licence applications and two
Bookmaker Company applications.
The Racing NSW Licensing Department is responsible for the issuing
of NSW industry licences. Criteria regarding applicants’ qualifications
apply, depending on the category of licence sought.
Gary Rudge is Licensing Supervisor, assisted by Matinde James and
Keryn Newman (part-time job share).
Licensing decisions are reviewed or made by the Racing NSW
Licensing Committee; a panel of Managers representing Licensing,
Stewards, Legal Division and Industry Training and chaired by the
General Manager - Regulatory.
The Licensing Committee met on eight occasions during 2011/12.
The role of the Licensing Committee, with oversight of the Chief
Executive and Board, is to make decisions on licence applications and to
recommend licensing policy and procedure for Racing NSW. Applicants
for licences may also be further interviewed at these meetings.
In 2011/12 the Committee at these meetings:-
The Committee also reviewed and agreed with the approval of the
following:-
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83 trainers licences;
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3 trainer partnerships;
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15 jockey licences;
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34 applications to register an apprentice jockey;
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26 applications to transfer the indentures of an apprentice jockey;
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13 applications from an apprentice jockey to extend their indentures;
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8 rider agent licences;
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525 stable employee licences (116 refused due to the applicant not
obtaining the required Police Certificate);
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46 bookmaker clerks licences (6 refused due to the applicant not
obtaining the required Police Certificate).
Comparison of Licensing Statistics – 2011/12 vs.
2010/11
Licences for trainers, jockeys, bookmakers and rider agents expire
on 30 June each year, meaning that full end of year figures for these
categories are available for comparison.
The remaining categories of forepersons, stablehands and
bookmakers clerks expire on 31 October each year.
The total number of trainers licensed compared to last season
was slightly down by 1.3%. Over the past five years the number
of trainers remains reasonably static, with a total of 1176 trainers
licensed in 2007/08 compared to 1130 registered this season.
The number of resident NSW riders is again quite similar – jockeys
increased by 2.0% (154 vs. 151), apprentice jockeys decreased by
1.3% (72 vs. 73).
There has been a slight decrease in the number of registered
bookmakers over the previous few seasons (this season down
by 2.6%). Numbers would seem to be affected by the continued
growth of the market share held by the Corporate Bookmakers and
the Betting Exchange.
Licensing statistics – Final 2011/12 vs. 2010/11
Metropolitan Provincial Country Total
Total
11/12
Total
10/11
Total
11/12
Total
10/11
Total
11/12
Total
10/11
Total
11/12
Total
10/11
Trainers 105 106 198 195 827 844 1130 1145
Jockeys 97 90 26 28 193 158 316 276
App Jockeys 24 18 13 18 94 86 131 122
Trial
Apprentices
1 - 2 1 10 9 13 10
Appr Riders - - - - 37 37 37 37
Trial App.
Riders
- - - - 6 5 6 5
Bookmakers 49 54 10 10 127 127 186 191
BM Clerks* 307 340 46 46 259 289 612 675
SH-Riders* 343 340 138 128 568 575 1049 1043
SH-Non TW* 623 614 359 379 844 856 1826 1849
Foreperson* 99 102 41 40 129 133 269 275
Riders Agents 21 21 5 6 17 18 43 45
NB – All jockeys or apprentices who ride in NSW are required to hold a licence
in this state. As such the above statistics include those who are based interstate.
Resident NSW jockeys – 154 (151); apprentices – 72 (73)
*Forepersons, stablehands, bookmakers clerks expire on 31 October each
season. As final numbers for these categories will not be established until
31/10/2012, the above represents those registered at 30/06/12. All other
categories represent final figures
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Racing NSW Annual Report 2012