Legal advisors to the NSW GBOTA have confirmed that the recent Appeals Tribunal decision in the case of Carly Absalom has confirmed that trainers do have the right to seek an exemption for their greyhounds with regard to the Raceday Hydration Policy.
As a result, the NSW GBOTA last week communicated with and called upon GRNSW to outline procedures that are to be applied regarding exemption applications.
NSW GBOTA solicitor, Dennis English, said the Tribunal had been very specific regarding a trainer’s right to seek an exemption.
“Our interpretation of the Absalom decision is that the Tribunal has found that, if when presenting a greyhound for kenneling, a participant requests the steward to provide an exemption then the steward must consider that request on its merits and cannot tender a blanket refusal,” said English.
“Paragraph 61 of the decision also makes it clear that the exemption needs to be requested of the official on duty at kenneling.”
NSW GBOTA Chief Executive, Brenton Scott, said that, given the Tribunal decision, the Association believed GRNSW needed to outline how the exemption application process would apply and be managed.
“We accept that any application for exemption would need to be supported by certain information – for instance the opinion of a treating veterinarian or a trainer statement – which establishes why the particular greyhound should be granted an exemption,” explained Scott.
“GRNSW needs to outline this process and would also seem obligated to determine guidelines for the officials empowered to approve or reject requests for exemption.”
The NSW GBOTA remains committed to the preferred position of the Raceday Hydration Policy being non-mandatory as this would also allow trainers and/or their veterinary advisors to make a decision in the best interests of a particular greyhound.
“In our view, reviewing the Raceday Hydration Policy and shifting to a non-mandatory position may still be a better and more practical approach than dealing with the complexities that are likely to arise from the introduction of exemption application and approval procedures,” concluded Scott.
Please find printable version here (PDF)