On Wednesday in NSW Parliment, Hon. Mark Latham introduced the Thoroughbred Racing Amendment (Racing NSW Accountability) Bill 2024, calling it an “urgent” measure to restore integrity to Racing NSW.
Citing a 20-year track record of unchecked power and alleged impropriety, Latham describes the organisation as having “lost its bearings” and warns it has become “a law unto itself.” In an impassioned plea to NSW Parliament's Legislative Council, he argues the need for legislative intervention to restore public trust and impose long-overdue accountability.
A “Frankenstein’s Monster”
Latham accused Racing NSW of operating without oversight, likening it to a “Frankenstein’s monster” that has “become a law unto itself.” He argues that the organisation’s unchecked power has led to a range of unethical practices, from misappropriating funds to silencing critics.
“Racing NSW believes it is the law—free to misappropriate money, present fraudulent accounts, abuse its regulatory power, dispense favouritism, breach workplace laws, intimidate industry participants, mislead Parliament, out whistleblowers and silence its critics by setting its media acolytes upon them,” Latham said.
“Racing NSW believes it is the law.” - Mark Latham
He believes that Racing NSW’s conduct would not be tolerated in any other regulatory body.
“If any other regulator, such as SafeWork, the NSW Education Standards Authority or a health regulator, functioned that way, there would be public outcry and immediate action by the Minns Government to clean out the cronyism,” Latham argued, lamenting that Racing NSW has been allowed to operate under what he describes as a “protection racket.”
What the Bill proposes
Latham’s bill outlines four key reforms designed to enforce transparency and restore public accountability to Racing NSW:
1. Parliamentary Accountability: Racing NSW would be subject to scrutiny during budget estimates hearings and under Standing Order 52, which allows Parliament to compel the production of documents. “To make better laws and be better legislators, we need to have our Standing Order 52 call for papers power over Racing NSW,” Latham emphasised, explaining that this would enable Parliament to assess Racing NSW’s conduct and make more informed legislative decisions.
2. Financial Oversight: The proposed bill mandates that Racing NSW’s finances be audited by the NSW Auditor-General, which Latham argues is a necessary step in “lifting the veil on the organisation’s financial dealings.”
3. ICAC Jurisdiction: Latham’s bill would grant the Independent Commission Against Corruption (ICAC) the authority to investigate Racing NSW. He notes that although the Minister for Racing, David Harris, has referred concerns about Racing NSW to ICAC, the current regulatory structure prevents ICAC from launching an inquiry. “This bill will fix up a jurisdictional issue that the Minister has been trying to act on,” Latham noted.
4. Regular Reviews of the Thoroughbred Racing Act: To prevent Racing NSW from again amassing unchecked power, Latham proposes that the Thoroughbred Racing Act be subject to five-yearly reviews, ensuring ongoing legislative oversight and preventing the emergence of inappropriate behaviours.
Evidence of misconduct
In support of these reforms, Latham cites the testimony of a whistleblower—a former Racing NSW employee—who has allegedly come forward with evidence of criminal activity within the organisation.
“The key whistleblower has provided sworn evidence of New South Wales and Commonwealth laws being broken,” Latham explained, adding that Racing NSW’s leadership has repeatedly misled Parliament, with CEO Peter V’landys allegedly providing “false testimony” on 13 separate occasions in his testimonial to the select committee inquiry to sell Rosehill Racecourse.
Peter V'Landys
Latham accuses the Rosehill select committee of failing to act on this information and suggests it may allow Racing NSW to avoid scrutiny by running out the clock. He reminded Parliament of its duty to act on these allegations under Section 316 of the NSW Crimes Act, which requires citizens to report serious crimes to the police.
“Cleaning out these Augean Stables”
In an especially pointed remark, Latham described the task ahead as akin to cleaning the “Augean stables,” a mythical reference to an overwhelming and dirty job. For him, the bill represents more than just legal amendments; it is a call to restore the integrity of racing regulation in New South Wales.
Latham closed his statement with a final plea to his colleagues, emphasising that “only the crossbench in this place” has been willing to challenge Racing NSW. The bill, he argues, is necessary to restore Racing NSW to its intended role: an accountable and ethical regulator that serves the interests of the public, not a powerful few.
ATC Chairman Peter McGauran recently updated members on the timeline for the member vote on the proposed sale of Rosehill Racecourse, announcing it will now take place on April 3 next year. Originally set for 2024, the vote has been postponed as the ATC completes due diligence.
The parliamentary select committee examining the details of the proposed sale of Rosehill is set to release its findings on December 6.
