Freedom of Information Part II Information Statement
Section 37A of the Racing Act 1958 (Racing Act) establishes the statutory position of the Racing Integrity Commissioner.
In broad terms, the role of the Commissioner is to provide independent oversight of integrity matters across the Thoroughbred, Harness and Greyhound racing codes. In accordance with section 37D of the Racing Act, to enable the Commissioner to discharge his or her legislative functions and exercise his or her powers under the Racing Act, the Commissioner is supported by a staff of Department of Justice and Community Safety (DJCS).
Statement 1 - Organisation and Functions
Organisation
The office of the Racing Integrity Commissioner commenced operation on 1 March 2010.
The staff of the Commissioner are employed under Part 3 of the Public Administration Act 2004 to enable the Commissioner to perform his or her functions and exercise his or her powers. While the Commissioner’s staff are employed by the DJCS, staff are appointed by the Commissioner and, for the purposes of their work for the Commissioner, work independently of the Department.
The staff of the Commissioner comprise of the:
- Director Integrity Policy, Assurance and Legal
- Manager, Investigations
- Senior Investigator
- Manager, Information and Intelligence
- Integrity Officer
all staff report directly to the Commissioner.
Functions
The Racing Act confers several functions on the Commissioner, which include to:
Conduct audits, including annual audits of each controlling body’s internal integrity processes and systems and additional audits when requested by a controlling body. This includes conducting audits of the internal animal welfare processes and systems of each controlling body to the extent that they relate to integrity in racing.
- Undertake own motion inquiries, including of systemic issues in racing.
- Investigate complaints about a controlling body’s integrity processes and systems and matters referred by the Minister for Racing or a controlling body.
- Refer complaints as appropriate to specified organisations. This includes referring complaints to the relevant government agency when the complaint relates to the animal welfare processes and systems of a controlling body.
- Report the findings of investigations into non-referred complaints to the complainant and the Minister or the relevant controlling body.
- Make recommendations to the Minister or the relevant controlling body following the investigation of any complaint, inquiry or matter.
- Direct a Racing Appeals and Disciplinary Board to hear and determine an appeal against a penalty imposed in certain circumstances.
- Full details of the functions of the Commissioner can be found in Part IA of the Racing Act, which is available at this website.
- Members of the public or any person who has a complaint, information or enquiry can contact the Commissioner through any one or all of the following avenues:
Racing Integrity Commissioner:
Phone: 03 8684 7776
Fax: 03 8684 7778
Email: enquiries@racingintegrity.vic.gov.au
Post: PO Box 24034, 111 Bourke Street, Melbourne Vic 3001
Members of the public or any person who has a complaint, information or enquiry who wish to remain anonymous to the Commissioner's office can report an integrity related issue within the Victorian Racing Industry via the Racing Integrity Hotline.
This hotline is run by STOPline; an independent, confidential and impartial disclosure management service which allows individuals to report corrupt or improper conduct anonymously without the fear of reprisal. The details for the hotline are:
Racing Integrity Hotline:
Phone: 1300 227 225 (between 8am to 8pm Monday to Friday)
Fax: 03 9882 4480
Email: racingintegrity@stopline.com.au
Post: Racing Integrity c/o STOPline
PO Box 403, Diamond Creek Vic 3089
If requested, the identity of the caller will not be provided to the Commissioner or his or her office.
The Commissioner is required to provide an Annual Report to the Minister for Racing in relation to his or her powers and functions and any integrity-related issue he or she determines in the public interest by 30 September each year.
Statement 2 - Categories of Documents
The Racing Integrity Commissioner and his or her office create a number of documents and records in the course of its work. Electronic records and case management systems are used to classify, store, access and manage those documents.
Documents held by the office of the Commissioner may include:
- policies and procedures
- audits
- correspondence
- case files
- reports and surveys
- registers
- financial records
- presentations
- meeting records
The resources listed within the Freedom of Information Part II Statement provide a snapshot of the information that is available and is not an exhaustive representation.
Statement 3 - Freedom of Information Arrangements
Under the Freedom of Information Act 1982, members of the public have the right to request access to documents about their personal affairs and the activities of the office of the Racing Integrity Commissioner.
Section 17 of the Freedom of Information Act 1982 sets out the requirements for making an FOI request, including that the request must:
- be in writing,
- identify as clearly as possible which documents are being requested, and
- be accompanied by the appropriate application fee (the fee may be waived in certain circumstances).
To make an FOI request to the Racing Integrity Commissioner contact the FOI officer at enquiries@racingintegrity.vic.gov.au with details of your request so as you may be advised of the process and directed to an appropriate payment method.
Requests for documents in the possession of the office incur an application fee of $31.80 (as at 21 July 2023).
A request only becomes valid once payment is received.
Freedom of Information
Office of the Racing Integrity Commissioner
PO Box 24034, 111 Bourke Street, Melbourne Vic 3001
It is the policy of this office that, in relation to FOI requests that relate to the applicant’s personal affairs, the applicant is to provide suitable identification prior to the application being processed.
Once a valid FOI request is received, it will be assessed under the FOI Act and a decision will be made on whether to release the document or whether an exemption under the FOI Act applies. The office may contact third parties to get their views on the release of their information as part of the process of determining whether or not to release documents in accordance with Freedom of Information Act 1982.
Additional charges may also apply once documents have been processed and a decision on access is made, for example, photocopying and search and retrieval charges.
Further information on how to make a freedom of information request can be found on the website of the Office of the Victorian Information Commissioner.
The resources listed within the Freedom of Information Part II Statements provide a snapshot of the information that is available and is not an exhaustive representation.
Statement 4 - Publications
The Office of the Racing Integrity Commissioner produces a range of publications, which are available for free via the News & Publications section of this website.
The publications listed within the Freedom of Information Part II Statements provide a snapshot of the information that is available and is not an exhaustive representation
Statement 5 - Rules, Policies and Procedures
The position of the Racing Integrity Commissioner is governed by the Racing Act.
In addition to the Racing Act, the Commissioner must adhere to the following legislation, regulations & rules:
- Charter of Human Rights and Responsibilities Act 2006
- Constitution Act 1975
- sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958 (repealed), as referred to in section 37BA(1) of the Racing Act
- Freedom of Information Act 1982
- Independent Broad-based Anti-corruption Commission Act 2011
- Ombudsman Act 1973
- Privacy and Data Protection Act 2014 (Parts 1, 2, 3, schedules 1 and 7)
- Public Interest Disclosure Act 2012
- Public Records Act 1973
- Public Administration Act 2004 (other than Part 3 of that Act)
The office cannot receive disclosures under the Public Interest Disclosure Act 2012. Disclosures of ‘improper conduct’ or ‘detrimental action’ (as defined by the Protected Disclosures Act 2012) by the Commissioner or his or her staff should be made to the Independent Broad-based Anti-corruption Commission (IBAC) at:
IBAC
GPO Box 24234, Melbourne Victoria 3000
More information about making a protected disclosure is available on the IBAC website.
Alternatively, disclosures of ‘improper conduct’ or ‘detrimental action’ (as defined by the Public Interest Disclosure Act 2012) by the Commissioner’s staff should be made to:
James Kelly
Protected Disclosure Coordinator
Executive Director, Ministerial and Portfolio Services
Level 5, 1 Spring Street, Melbourne Vic 3000
Phone: 03 8392 6978
Email: james.kelly@ecodev.vic.gov.au
The resources listed within the Freedom of Information Part II Statements provide a snapshot of the information that is available and is not an exhaustive representation.
Statement 6 - Report Literature
The Racing Integrity Commissioner publishes reports available to the public on this website, free of charge in the News & Publications section of this website.
Under section 11 of the Freedom of Information Act 1982, the Commissioner must make a range of documents available for inspection or purchase. This includes final reports available to the public and records of decisions relating to policy and the administration of policy.
Other literature
A search of the website including Annual Reports may provide details of these types of documents.
A summary of the results of the surveys undertaken annually by the Commissioner are provided each year in our Annual Report.
Documents not available on our website can be requested from:
Freedom of Information
Office of the Racing Integrity Commissioner
PO Box 24034, 111 Bourke Street, Melbourne Vic 3001
The resources listed within the Freedom of Information Part II Statements provide a snapshot of the information that is available and is not an exhaustive representation.