VIC - VCAT Review Application – Ellen Tormey & Glenn Douglas

20 May 2020
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On 23 December 2019, licensed trainer-driver Ellen Tormey and licensed trainer-driver Glenn Douglas both applied to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the findings and penalties imposed on each of them by the Harness Racing Victoria (HRV) Racing Appeals & Disciplinary (RAD) Board on 19 December 2019.

The details of the HRV RAD Board matter in respect of both Ms Tormey and Mr Douglas can be viewed here, while the further HRV RAD Board Media Release regarding Ms Tormey can be found here.

On 19 May 2020, VCAT handed down a decision in relation to the applications of Ms Tormey and Mr Douglas.  VCAT Senior Member Dea found that VCAT has no jurisdiction in the proceeding and that it was appropriate that the application be dismissed under section 75(1)(a) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic). Senior Member Dea also found that it was appropriate for the stay orders made on 23 December 2019 to be set aside. The full decision of 19 May 2020 can be viewed here.

On 20 May 2020, Ms Tormey and Mr Douglas both applied to VCAT to have the operation of the tribunal’s orders of 19 May 2020 stayed pursuant to section 149(1) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).

Subsequently, VCAT Senior Member Dea ordered that the tribunal's orders of 19 May 2020 be stayed until the determination of the appeal or further order of the Tribunal or the Court on condition that the applicants file and serve any appeal by 4pm on 17 June 2020.