Cover image courtesy of Australian Turf Club
The Select Committee on the Proposal to Develop Rosehill Racecourse released its long-awaited report in December 2024, accusing the government of mishandling the process and whistleblower allegations of misconduct within Racing NSW. The government’s response to the report was released on Wednesday.
The initial plan to sell Rosehill was first announced by the Australian Turf Club in December 2023. After a lengthy process, which included an inquiry involving four public hearings, 127 submissions, and one site visit, the final report was released in December 2024 and TTR AusNZ wrote about it.
The December 2024 report called for five actions, and on Wednesday the NSW government released their response to each one.
Recommendation 1: Diary Disclosure
The recommendation to the NSW government was as follows: “That the NSW Government update the Ministerial Diary Disclosure requirements to mandate an accurate description of attendees, purpose and any conflicts of interest and extend these requirements to Shadow Ministerial spokespeople.”
The response was a Support in Principle with the comment: “Ministers are required to publish their diaries in accordance with Premier’s Memorandum M2015-05 Publication of Ministerial Diaries and Release of Overseas Travel Information. The Government is carefully considering recommendations made by the Independent Commission Against Corruption in the 2021 report, Investigation into the regulation of lobbying, access and influence in NSW, following an investigation known as ‘Operation Eclipse’, including recommendations regarding Ministerial diary disclosure. The Government is considering options for extending diary disclosure obligations to the Shadow Ministerial spokespeople.”
Recommendation 2: Inquiry into Racing NSW operations
A key recommendation was an inquiry into the operations at Racing NSW with the report mentioning serious allegations against Racing NSW from alleged illegal activities and conduct that shouldn’t be accepted by a regulatory body.
The recommendation stated: “That the Legislative Council give consideration to establishing an inquiry into the operations of Racing NSW.”
The response on Wednesday was equally as abrupt, “This is a matter for the Legislative Council.”
The Legislative Council is another name for the Upper House of the NSW Parliament. On occasion it is also referred to as the ‘House of Review’ because of its role in reviewing Government legislation, and in holding the Government to account. Essentially this means that a review into the operations of Racing NSW must go through further government processes before an action is decided on.
Recommendation 3: Inquiry into the Thoroughbred Racing Act 1996
“That the NSW Government conduct a thorough review of the Thoroughbred Racing Act 1996 which, among other things, considers whether the Act is fit for purpose.”
The initial review asked if the current Act addresses the current and future needs of the racing industry, particularly in terms of governance, wagering landscape changes and maintaining public confidence.
The response was a Support in Principle, “The matters raised as part of the committee’s inquiry and report cover a broad range of issues relating to the Act. As part of its ongoing commitment to best practice in legislative review, the Government considers there is merit in a review of the Thoroughbred Racing Act 1996.
Mark Latham
On Tuesday during the estimates session of the NSW government, the Hon Mark Latham asked, “What's your intention there, Minister, to ensure that all matters are examined with an eye to legislative reform that gets it into the best possible shape? For instance, should Racing NSW be one of the biggest real estate holders in New South Wales. They're topical matters, aren't they?”
The Minister for Gaming And Racing David Harris responded with, “What I will do is make sure that the current Act is fit for purpose. As I said to you, the scenery has changed dramatically, particularly over recent years, so it will be broad.”
Recommendation 4: Welfare
As there were concerns that Racing NSW haven’t responded adequately to the “2021 report by the Thoroughbred Aftercare Welfare Working Group (TAWWG), The Most Important Participant: A Framework for Thoroughbred Welfare,” the fourth recommendation was as follows:
“That, as part of the reviews of the Thoroughbred Racing Act 1996 and the Prevention of Cruelty to Animals Act 1979, the NSW Government have regard to the animal welfare issues raised in this report and the recommendations made in the 2021 report of the Thoroughbred Aftercare Welfare Working Group: The most important participant—A Framework for Thoroughbred Welfare.”
David Harris | Image courtesy of NSW Parliament
The government noted this recommendation saying, “As with any legislative review, the NSW Government may consider a range of matters relevant to the Thoroughbred Racing Act 1996 and the Prevention of Cruelty to Animals Act 1979 as part of the reviews. Many of the recommendations put forward in the 2021 report relate to actions at a national level. The Government will continue to engage with industry and state and Australian governments to promote a nationally-consistent approach to thoroughbred and horse welfare. This includes advocating for national horse standards and guidelines, a review of the Land Transport of Livestock Standards relevant to horses, and a national horse register.”
Recommendation 5: Support for witnesses
With several witnesses during the inquiry noting their lack of safety, and with accusations of dishonesty flying, the final recommendation was designed to protect the process.
The recommendation was worded as, “That the Legislative Council reaffirm its support for the Parliamentary Evidence Act 1901 and the critical importance of witnesses to committee inquiries giving direct and honest evidence at all times.”
The response was noted, “This is a matter for the Legislative Council.”
In other words, another matter subject to further debate and consideration by the Upper House.
On the sale of Rosehill
Members of the ATC will vote on the matter of the sale at an Extraordinary General Meeting on April 3. A petition to hold an earlier meeting to vote on the removal of Chair Peter McGauran was challenged earlier this week, when the ATC declared that there were not enough signatures to make the petition valid.
“They rejected it because we had six duplicate names and said some of the members who signed were not financial,” Save Rosehill spokeswoman and former ATC board member Julia Ritchie told racenet.com.au on Wednesday.
“We reject that and have challenged the finding. Even at the races on Saturday I had 18 members come forward to sign the petition in just half an hour. They are so angry at the sale of the jewel in racing's crown.”
