bendigo training facilities regulations

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Bendigo Training Facilities Regulations Reviewed JULY 2016

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Bendigo

Training Facilities

Regulations

Reviewed JULY 2016

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Contents

Introduction .............................................................................................................................. 3

1. Entry to and General Conditions of Use of The Facility ................................................... 4

2. Work Health & Safety and Horse Welfare ....................................................................... 7

3. Fees ........................................................................................................... 10

4. Track Use ........................................................................................................................ 10

5. Accessing Turf Tracks ..................................................................................................... 13

6. General Conditions in Respect of the Facilities .............................................................. 16

7. Complaints & Dispute Resolution Guidelines ................................................................ 20

8. Committee Disciplinary Resolution Authority (Sanctions)Error! Bookmark not defined.23

9. Key Contacts...................................................................................................................27

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Introduction

The following track regulations will apply at the Bendigo training facility (The Facility). These regulations, as adopted by the Bendigo Jockey Club (BJC) Board, will apply to all people attending The Facility for the purpose of engaging in activity related to the schooling, education and/or training of horses.

Any person failing to observe these regulations shall be subject to such sanctions as may be imposed by the BJC and/or Racing Victoria(RV). For the purposes of these regulations it shall be sufficient for a duly authorised officer of the BJC to act independently of the BJC Board in relation to imposing such sanction.

The Australian Rules of Racing, RV Local Rules of Racing and any other Policies as amended from time to time (collectively defined as The Rules) shall apply to The Facility. All people using The Facility are deemed, by virtue of their activity at The Facility, to be subject to The Rules.

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1. Entry to and General Conditions of Use of The Facility

1.1. Who May Use or Enter The Facility

(a) Only people inducted to The Facility may use the Facility in accordance with Clause 2.2 of these Regulations.

(b) All people holding a current license issued by RV or another Principal Racing Authority (PRA) including (but not limited to) Trainers, Stable Forepersons, Stable Employees, Track Work Riders, Apprentice Jockeys and Jockeys.

(c) Professionally qualified people attending to a horse may also enter The Facility for the purposes of performing their duties/functions or providing their services including (but not limited to) Veterinarians, Chiropractors, Farriers and Horse Transport Operators.

(d) Stewards and/or officials employed by RV or BJC.

(e) Any person contracted by RV or the BJC to perform or assist in performing duties in relation to the taking of samples for analysis to ensure compliance with either the rules of racing or relevant Occupational Health & Safety (OHS) requirements.

(f) Registered thoroughbred race horses.

(g) Companion horses or lead ponies with the prior permission of the Trackwork Supervisor.

(h) All horses must be in the care of a registered attendant at all times while present at The Facility.

(i) To be clear, only industry registered or contracted people, with a legitimate reason to be present, are permitted to enter an area within the course where a horse is being worked, tied-up, washed or otherwise cared for or transported. Owners must remain on the opposite side of fences from where any horse may be at all times.

1.2. Entry/Access Points to the Facility and Tracks

(a) All training tracks including the tie up stalls area can only be entered at points provided for this purpose. All people attending are required to observe signage displayed in this regard.

1.3. Reference to the Rules of Racing

(a) The Australian Rules of Racing, the RV Local Rules of Racing and any Policies issued by RV (collectively referred to as The Rules) supplement these Training Facility Regulations and apply to the use of The Facility.

(b) A copy of The Rules and related Policies can be downloaded from the RV website.

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1.4. Occupational First Aid Attendant available on course

(a) An Occupational First-Aid trained person is available on course during the stipulated hours that training tracks are open.

(b) In the event the Occupational First-Aid attendant considers it necessary he/she may call for the services of the Ambulance Service to attend as a result of a particular incident.

(c) In the event a person is attended to by a member of the ambulance service and after assessment by the member it is recommended that the person be transported to hospital for observation then such person shall be obliged to comply with the recommendation. Failure to comply with this provision will result in the person being suspended from using The Facility in accordance with Clause 9 of this document.

(d) If the individual is admitted to hospital as an inpatient the trainer of the horse(s) involved in the incident must notify Work Safe Victoria and the BJC immediately.

(e) In the event of a rider falling from a horse and sustaining an injury that prevents them from being moved from the track to the First Aid Room, all training tracks in the immediate vicinity will be closed for the period that the person remains on the track until such time they are moved by the Occupational First Aid Attendant and/or ambulance Service.

(f) The decision of whether the person may be moved is at the sole discretion of the Occupational First Aid Attendant and the Trackwork Supervisor will enforce this decision.

1.5. Use of Practice Barrier Gates

(a) Practice barriers are only available for use after 7.30am.

(b) Practice barriers are not to be used in poor visibility as advised by the Track Work Supervisor.

(c) Bendigo Jockey Club employees are not available to assist with barrier practice.

(d) Track riders and all other personnel assisting with barrier practice must wear a safety vest, helmet, boots and high visibility reflective vest.

(e) Horses are only to be released from the practice barriers when the sand track is clear.

(f) The use of the practice gates will be at the discretion of the Trackwork Supervisor.

(g) The use of these gates is subject to and conditional upon the Trainer or his duly authorised representative being present at all times during the period when they are used. Trainers are advised they are to provide their own staff to load horses into the gates.

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(h) When using the practice gates all horses are expected to jump out and continue to gallop/canter away from the gates and return to the tie up stalls via the designated course crossover when other horses are waiting to use the practice barrier gates.

1.6. Crossing of Public Roads

(a) All people attending to a horse are to observe strictly the road and traffic regulations in particular when leading a horse across either Heinz St or Racecourse Rd. Such people are to take due care to ensure their actions in leading a horse in a public area does not cause a safety hazard.

(b) All horses led to and from The Facility on a public road and/or crossing a public road are to be fitted with a reflective strip on a blanket or throwover strap prior to sunrise and the person leading such horse shall wear a high-visibility reflective vest at all times while doing so.

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2. Work Health & Safety and Horse Welfare

2.1. OHS Related Matters

(a) All people using The Facility shall at all times adhere to any Occupational Health & Safety (OHS) requirements of the BJC and without detracting from the generality of any of those provisions, people using The Facility should particularly take note of the following:

- Regulations in respect of smoking.

- Regulations in respect of the wearing of reflective equipment.

- Regulations in respect of the leading of more than one horse by one person.

- Regulations in respect of the wearing of safety gear by riders of horses as required by The Rules of racing.

- Regulations in respect to mobile phones, iPods and MP3 players.

- Regulations in respect to horses suffering skin diseases or influenza.

- Regulations in respect to inductions.

- Subject to and without derogating from the Rules of Racing, all licensed people attending The Facility in control of horses, shall comply with the RV’s policy in respect of being alcohol and drug free.

- All riders must have feet in stirrups at all times whilst on horses, unless the horse is being led.

2.2. Induction

(a) All personnel undertaking work are required to be inducted to The Facility prior to commencing work.

(b) All personnel deemed to be visitors will be identified as such and sign Visitors attendance book.

(c) Prior to bringing a horse to The Facility, or commencing work for the first time it is a requirement that trainers and riders report to the Trackwork Supervisor’s Office for the purpose of being inducted to The Facility.

(d) It is a requirement that trainers similarly induct their staff to The Facility.

2.3. Smoking at The Facility

(a) Smoking while either mounted on a horse or while riding track work is strictly prohibited. Smoking is only permitted in designated areas.

2.4. Reflective Apparel

(a) All persons riding horses must at all times wear reflective clothing or a reflective vest that adhere to Australian Standard AS/NZS 4602.199 (High Visibility Safety Garments), specifically “Class D/N”.

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2.5. Wearing of Helmets, Body Protectors, Safety Lights and Reflective Gear

(a) It is a condition of the use of The Facility that all riders while mounted on a horse wear the appropriate safety equipment – Body Protector and Helmet as required and described by “The Rules”. Persons required to wear any of these types of safety equipment should be aware of the standard of gear accepted as detailed in The Rules.

(b) In addition all riders must have attached/fitted to their helmet a safety light of the approved standard when mounted on a horse before daylight.

(c) All people attending to horses using the practice gates shall wear an approved safety vest and helmet.

2.6. Horses Being Led to and from the Facility and at the Facility

(a) All horses must have a bit fitted to the mouth at all times when being led to or from The Facility, in the precinct of The Facility, or while being led at The Facility. This is a requirement under The Rules.

(b) When leading a horse a handler may only lead one horse at a time. A person leading more than one horse at the same time will lead to the offending person being denied access to The Facility.

2.7. Lead Pony and Horse Breakers

(a) Lead ponies will only be permitted with prior approval of the Trackwork Supervisor and will only be permitted to use The Facility at a time as directed by the Trackwork Supervisor.

(b) Lead Ponies cannot be used on the Grass tracks, fast sand or Main Sand Track.

(c) Horse breakers will only be allowed to use The Facility with the prior approval of the Trackwork Supervisor and then only at such times during training hours as stipulated by the Trackwork Supervisor.

(d) Horse breakers are not to use the fast sand or grass tracks.

(e) Horse breakers must hold their own insurance cover, evidence of which must be provided to the BJC and maintained annually.

2.8. Horses Suffering from Skin Disease, Influenza or any Complaint Causing Discharge from the Nostrils

(a) Any horse suffering or showing signs of skin disease, influenza or any complaint causing discharge from the nostril(s) shall not be brought to The Facility until such condition has cleared.

2.9. Riding Boots and Safety Irons

(a) When riding riders must wear approved or recognised riding boots.

(b) All saddles brought onto The Facility must be equipped with a set of safety irons.

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2.10. Mobile Phones, iPods and MP3 Players

(a) The use of mobile phones, iPods, MP3 players and other portable communication or entertainment devices is strictly prohibited whilst riding or leading a horse.

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3. Fees

3.1. Training Fees

(a) Trainers shall pay a training fee (“Fee”) for the use of The Facility in accordance with the schedule of fees as determined from time to time by the Bendigo Jockey Club and Racing Victoria. A copy of the schedule of fees is available on request from the BJC Administration building situated at the race course.

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4. Track Use

The Bendigo Jockey Club Training facility is open from 5.00am to 9.30am Monday to Saturday including Public Holidays. On scheduled race days 5:00am to 9:00am and on Official Trial days 5:00am to 8:30am. All facilities are closed on Sundays and Christmas Day.

4.1. Grass Tracks

(a) The ‘B’ Grass Track may be used for fast work only on Tuesdays, Fridays & Saturdays or such other day as per prior arrangement with the Club.

(b) The direction of work shall be anti-clockwise unless permission is otherwise granted by the Trackwork Supervisor and then only at the times and dates granted.

(c) The Grass Tracks open at 5.00am and close at 8.00am unless otherwise notified.

4.2. Fast sand

(a) The fast sand is open 6 days per week from Monday to Saturday for fast work only (16 seconds/200m or faster) unless otherwise notified.

(b) The direction of work shall be anti-clockwise unless permission is otherwise granted by the Trackwork Supervisor and then only at the times and dates granted.

(c) Horses completing faster work pass on the right hand side (outside) of other horses.

(d) Horses galloping under 1400m must do there warm up lap on the slow work track (inside sand track)

(e) Horses working over 1400m may warm up on this track but must in single file on the inside section of the track

(f) All horses MUST work in the reverse direction (clockwise) on Wednesday mornings unless special permission is granted by the Trackwork Supervisor

4.3. Main Sand Track (Adjacent to the fast sand)

(a) The Main Sand Track is open 6 days per week from Monday to Saturday.

(b) The direction of work shall be anti-clockwise unless permission is otherwise granted by the Trackwork Supervisor and then only at the times and dates granted.

(c) The main sand track opens at 5.00am and closes at 9.30am unless otherwise notified.

(d) Horses working slowly must stay on the inside rail no more than 2 abreast. Faster working horses must always pass to the right of slower horses. Riders are

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expected to be aware of their surroundings and other track users at all times and must make other users aware before overtaking.

(e) This track is for slow work only and horses must not exceed 16 secs/200m

4.4. Trotting / Reverse (Inside) Sand Track

(a) The Trotting / Reverse (Inside) Sand Track is open 6 days per week from Monday to Saturday.

(b) The direction of work shall be clockwise unless permission is otherwise granted by the Trackwork Supervisor and then only at the times and dates granted.

(c) The Trotting / Reverse (Inside) Sand Tracks open at 5.00am and closes at 9.30am unless otherwise notified.

4.5. Bull Ring

(a) The Bull Ring is open 7 days per week.

(b) The Bull Ring opens at 8.00am unless otherwise notified.

4.6. Early Closure of Facilities

(a) All tracks and facilities will close at 9.00am on days when races are hosted at Bendigo and 8.30am on Bendigo Cup Day. Other closures for events may be directed from time to time.

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5. Accessing Turf Tracks

5.1. General Guidelines

(a) The BJC undertakes to maximise the opportunities for trainers to access the turf tracks for the purpose of training horses.

(b) Training on these tracks will primarily take the form of gallops or jump-outs.

(c) The BJC reserves the right to close any training tracks, including turf tracks, from time to time due to weather conditions or to facilitate repairs, maintenance or general recovery from wear and tear.

(d) Similarly, the BJC reserves the right to restrict access to the tracks in order to ensure local trainers are provided with first access to facilities by withdrawing access to trainers not designated as Bendigo Trainers via a Stable Return.

(e) The BJC reserves the right to exercise discretion in the provision for “Special Gallops” or additional days.

(f) Horses galloping on any grass track must do even time or better with no more than 2 horses working together.

(g) Trainers and Riders must ensure that horses gallop and pull up within the area defined by the markers and leave the tracks at the designated exit points and walkways.

(h) The Entry Point to the inside grass track for horses doing fast work of 1200 metres or less is at the gap at approx. the 1400 metre mark. Only horses galloping over a distance of more than 1200 metres shall be permitted to enter onto the inside grass track at the 1800 metre mark.

5.2. Grass Gallops

(a) Generally grass gallops will take place on Tuesdays, Fridays & Saturdays with access to turf tracks provided on other days for horses racing within 5 days;

(b) Access to turf tracks on days other than Tuesdays, Fridays & Saturdays shall be provided in accordance with the following:

- The Club may choose to open a turf track on an additional or different day in line with the anticipated needs of trainers leading into a period featuring numerous Black Type races or when requested by a local trainer competing in a metropolitan Saturday class race or higher.

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- A trainer may request access to a turf track for the purpose of a “special gallop” by first contacting the Track work supervisor and making a case for such a request to be granted;

- If, in the opinion of the Racecourse Manager, the request is justified, he will facilitate the request;

- The Club will invoice the trainer for the appropriate cost for a “special gallop”;

- Horses racing in a race with prize money of $75,000.00 or above can gain permission from the Racecourse Manager to gallop on the outside of the course proper.

- Course proper gallops may be scheduled at the discretion of the Racecourse Manager, fees as per inside grass track fees.

5.3. Other Gallops

(a) If the BJC receives a request from a trainer of a horse who wishes to gallop on the racing surface on a race day it may approve a Special Gallop.

(b) The Club may from time to time proactively approach trainers to provide them with the opportunity to undertake a special gallop in order to promote the appearance of the horse as a means of promoting the race day.

5.4. Jump-Outs

(a) Jump-Outs will consist of a field of no more than 6 horses competing in an “unofficial trial” from the starting gates.

(b) Jump-Outs will take place on a pre-determined part of a chosen track at the direction of the Racecourse Manager.

(c) This track will generally be the ‘B’ Grass Track subject to the condition of the track.

(d) Jump-Outs will generally take place on a Tuesday morning from approximately 7.30am.

(e) Nominations for Jump-Outs will be taken by the club office up to and including the Friday prior by no later than 10.00am.

(f) All people attending to horses for Jump-Outs shall wear an approved safety vest and helmet.

(g) An RV Steward and Barrier Attendants will be present to facilitate the Jump-Outs.

(h) Horses participating in Jump-Outs for the purpose of satisfying any requirement within The Rules will be required to be identified by RV Stewards immediately prior to going on to the track.

(i) Riders of horses participating in Jump-Outs must wear race colours that allow for the horse to be readily identified whilst participating in the Jump-Out.

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(j) Users of The Facility should be aware of all aspects of The Rules as they relate to Jump-Outs prior to nominating.

5.5. Hurdle Track

(a) The hurdle track will be opened from the beginning of April each year until the end of October.

(b) Trainers must seek permission from Trackwork Supervisor prior to working horses on this track.

(c) All users must have completed and signed the Hurdle School induction form in the Trackwork Supervisor Office.

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6. General Conditions in Respect of the Facilities

6.1. Grazing

(a) No grazing shall be allowed on any racing or training surfaces or any area inside of the course.

6.2. Walking Horses on to and off of the Track

(a) The practice of walking fractious or troublesome horses on to and off the track is encouraged.

(b) The Trackwork Supervisor may, should they feel that the nature of the horse poses a real and direct risk to the safety of the users of The Facility, direct a Trainer to have a horse lead on to and/or off the track.

(c) Horses must walk in single file when entering and exiting the tracks.

6.3. Barring of Horses

(a) In exceptional circumstances, when the Trackwork Supervisor identifies a horse that due to ongoing and serious fractious behaviour represents a real and significant danger to users of The Facility, a horse may be barred from The Facility.

(b) Such a decision will be made in consultation with the Bendigo Trainers’ Association.

(c) The trainer of the horse may be directed to re-educate the horse away from Bendigo and present the horse to be approved to re-enter The Facility.

6.4. Use of Round Yard

(a) The use of the Round Yard is permitted 7 days per week.

(b) People using the Round Yard are to consider others passing by with horses to ensure their actions, and the behaviour of their horse, does not cause passing horses to become unduly agitated. People must be mindful of the movement of vehicles & equipment outside of normal trackwork hours.

6.5. Use of Wash Bays

(a) The use of wash bays in the tie up stalls area is permitted 6 days per week at the same times as are provided for the use of the training facility.

6.6. Facilities Subject to Closure

(a) The use of The Facility, especially the Grass and Sand Tracks, are subject to favourable weather conditions.

(b) The BJC reserves the right to close any track or facility at its absolute discretion for reasons including (but not limited to): weather; repairs and maintenance; safety concerns; conflicting events; maintenance of adjacent facilities.

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(c) In the event the BJC deems it necessary to close a track or other facilities every endeavour will be made to ensure maximum notice is provided to users of The Facility to minimise any inconvenience that may be experienced.

(d) Fog Policy – If the Trackwork Supervisor is unable to see more than 75% of the entire training tracks due to poor visibility the poor visibility safe work procedure will be evoked.

(e) Lighting Policy – The Trackwork Supervisor will monitor weather during thunderstorm activity including the Bureau of Meteorology information, to determine if track work can continue safely. The 30 second between lighting and thunder and 30 minutes after the last lighting activity guidance will be followed.

6.7. Role of Trackwork Supervisors

(a) The BJC will employ staff who have been trained and inducted to perform duties as are reasonably expected to be required to be undertaken in their role in respect to the management and maintenance of The Facility and preservation of The Rules.

(b) In performing their role, BJC staff may be required to provide direction to users of The Facilities to ensure safety and order is maintained for the benefit of all users.

(c) Users are expected to follow the reasonable direction of the BJC while on BJC property and failure to do so may result in disciplinary action.

6.8. Handling Horses

(g) BJC employees are not to lead, saddle or otherwise attend to horses, including assisting with loading of horses into gates for Barrier Trials or Jump-Outs, unless appropriately licensed to do so and directly authorised to do so by RV or BJC.

(h) Trackwork Supervisors may only attend to horses in the event of an emergency when required to do so for the safety of users of The Facility and/or the general public.

6.9. Recycled Water

(a) The Bendigo Jockey Club uses recycled water to irrigate the racetrack, grounds and in some wash down bays.

(b) DO NOT DRINK THIS WATER.

(c) Wash your hands thoroughly after contact with recycled water.

6.10. Further Regulations for Track facility usage

(a) All horses trained on the Bendigo Racecourse are to be registered thoroughbred racehorses or with registration pending. Such horses are to be under the control of a person licensed by Racing Victoria Ltd.

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(b) In special circumstances trainers registered to train elsewhere may be given temporary permission to work a horse at Bendigo by prior arrangement with the Club.

(c) Trainers are to use stripping sheds as allocated by Racecourse Manager.

(d) Any horse with an infectious condition is banned from entering the precincts of the Bendigo Racecourse or using facilities on the Bendigo Racecourse.

(e) All horses must be controlled with an approved bit at all times when on the racecourse reserve or in the racecourse precinct. Persons leading a horse must use a lead rope or a strap attached to the bit ring/s or leads a horse with the reins - not over the horse's neck.

(f) No shall be led or ridden along the main driveway.

(g) No person shall ride any horse which is not fully saddled and bridled properly at all times on the training track or within the Racecourse Reserve.

(h) No person under the age of fourteen (14) years is permitted to ride work without special authorisation from Racing Victoria.

(i) Every rider shall wear a properly affixed skull cap and boots of design and material approved by the Racing Victoria Stewards and a hi-vis vest or jacket when riding on the training track or within the Racecourse Reserve.

(j) No licensed person may ride a horse on the Racecourse Reserve unless wearing a safety vest approved by the Stewards.

(k) Trainers the sand roll facility must remove any manure from the roll after use.

(l) Horses must not be lunged or left unattended in sand rolls.

(m) Unruly horses may be mounted in Sand Roll No.1, after permission from the Trackwork Supervisor.

(n) Horses passing must pass on the right hand side on all tracks. Riders of overtaking horses must alert the riders of horses to be passed and only proceed when safe.

(o) All horses are to walk on and off the Training Tracks and must not be ridden faster than at a walk in the Horse Stall Area or the adjoining precincts.

(p) In the event of a rider falling from a horse on the track the rider is to remain at the point of the fall, until he/she is attended to by the Trackwork Supervisor who will provide any necessary first-aid and arrange to transport the rider from the track.

(q) Official trial dates are programmed by the Bendigo Jockey Club and advertised in Inside Racing. Entries are in accordance with the Racing Victoria Rules and the conducting of the trials on the specified dates will be subject to weather conditions.

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(r) Horses are not to be exercised in designated car parks.

(s) Horses being exercised from a lead pony are not to be exercised on any training track before 8:00am. The non track area in the course centre will be available prior to 8:00am.

(t) It is prohibited for any rider to smoke or use a mobile phone while riding a horse anywhere on the Racecourse Reserve.

(u) The Exercise Track located in the middle of the Racecourse is to be used in the reverse direction (clockwise) only.

(v) Parking vehicles adjacent to the float parking boundary fence is NOT allowed.

(w) Swimming dam users must have completed the relevant induction.

(x) All trainers and riders must have read and understood the induction booklet provided to them by the Bendigo Jockey Club.

(y) No persons who are NOT licensed within the racing industry are permitted in the horse stalls area.

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7. Complaints and Dispute Resolution Guidelines

7.1 Application of these Guidelines

7.1.1 These Complaint and Dispute Resolution Guidelines (Guidelines) apply to the “BENDIGO

JOCKEY CLUB” Inc. (“BENDIGO JOCKEY CLUB”) and registered trainers and their

employees/contractors who have agreed to be bound by the “BENDIGO JOCKEY CLUB”

Inc. Training Rules and Regulations (Training Rules).

7.1.2 These Guidelines apply in relation to complaints or disputes which arise in the operation

of the “BENDIGO JOCKEY CLUB’s” training operations.

7.1.3 Where a complaint or dispute arises in respect of a matter which:

a. relates to a Club Membership issue, the “BENDIGO JOCKEY CLUB” Inc. Rules and

Statement of Purpose will apply;

b. may involve a breach of the Racing Victoria Rules of Racing, that matter may be

referred to the Stewards of Racing Victoria and these Guidelines may not apply;

c. poses an immediate safety threat, BENDIGO JOCKEY CLUB may take any urgent

action required to reduce its risk, and meet its obligations under the relevant

Occupational Health and Safety laws; or

d. requires immediate action for any other reason (including but not limited to

criminal activity), BENDIGO JOCKEY CLUB may take any urgent action reasonably

required.

7.2 Purpose of these Guidelines

7.2.1 The purpose of these Guidelines is to set out the procedures which are to be followed

when a person bound by the Training Rules has a complaint or grievance with the

operation of “BENDIGO JOCKEY CLUB’s” training operations.

7.2.2 The Guidelines are intended to assist the parties to a dispute or complaint to resolve

their issues in a structured manner.

7.3 Procedures for handling of complaints and grievances

7.3.1 Direct communication: Where a person has a complaint or grievance in relation to the

training operation of the “BENDIGO JOCKEY CLUB”, where possible, the person should

first communicate with the other party to the matter to seek to resolve their complaint

or grievance. This communication should be made in a non-confrontational manner.

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7.3.2 Escalation to the [Track Manager, “BENDIGO JOCKEY CLUB”]: Subject to clauses 4.1 and

4.2, if the concern or grievance is not resolved by direct communication with the

relevant parties, the person may provide a written complaint, which sets out all relevant

matters and attaches all relevant documents, to the [Track Manager, “BENDIGO JOCKEY

CLUB”]. Within 14 days of receiving the written complaint or grievance, the [Track

Manager, “BENDIGO JOCKEY CLUB”] will review the complaint and, where appropriate,

take steps to investigate the complaint or grievance, and work with the parties to

resolve the matter. Where the [Track Manager, “BENDIGO JOCKEY CLUB”] identifies

that a matter may be more appropriately resolved or considered by a body external to

“BENDIGO JOCKEY CLUB” (such as Fair Work Australia or the Stewards of Racing

Victoria), the [Track Manager, “BENDIGO JOCKEY CLUB”] will suggest that the

complainant consider referring the matter to that body.

7.3.3 Referral to “BENDIGO JOCKEY CLUB” Chief Executive Officer: Subject to clause 4.2, if the

complaint or grievance is not resolved by the [Track Manager, “BENDIGO JOCKEY CLUB”]

within 14 days (or such longer period as agreed between the complainant and the [Track

Manager, “BENDIGO JOCKEY CLUB”]), the [Track Manager, “BENDIGO JOCKEY CLUB”]

will refer the matter, including all relevant documents and information, to the

“BENDIGO JOCKEY CLUB” CEO. Within 28 days, the CEO will attempt to resolve the

matter, including by undertaking investigations (where appropriate) and liaising with the

relevant parties.

7.3.4 Formal Mediation: If the complaint or grievance is unable to be resolved by the CEO

within 28 days, the CEO may order that both parties undertake a formal mediation

process (at the cost of the parties).

7.3.5 Alternative avenues of resolution: Where no resolution is able to be reached following

formal mediation, the involvement of the “BENDIGO JOCKEY CLUB” in the resolution of

the complaint/grievance ceases, and the parties may pursue other avenues of

resolution, including private legal action.

7.3.6 If, at any point in the procedures outlined in this part 3, the CEO considers that the

seriousness of an allegation warrants a Committee Disciplinary Resolution Meeting in

accordance with the “Discipline, Suspension and Expulsion of Venue Users Policy” (the

Policy), the CEO may refer the matter to the Committee and provide notice of that

decision as prescribed in the Policy.

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7.4 Complaints regarding [Track Manager, “BENDIGO JOCKEY CLUB”] or CEO

7.4.1 Where a person makes a complaint or raises a grievance in respect of the [Track

Manager, “BENDIGO JOCKEY CLUB”], the person may refer their concern directly to the

CEO without raising the matter with the [Track Manager, “BENDIGO JOCKEY CLUB”] in

accordance with 3.2 above.

7.4.2 Where a person makes a complaint or raises a grievance in respect of the “BENDIGO

JOCKEY CLUB” CEO, the person may refer their concern directly to the Chair of the

Committee of “BENDIGO JOCKEY CLUB” without raising the matter with the [Track

Manager, “BENDIGO JOCKEY CLUB”] or the CEO in accordance with 3.2 or 3.3 above.

The Chair of the Committee will then consider the complaint, and, where appropriate,

take any action necessary within the rules of “BENDIGO JOCKEY CLUB” to investigate the

complaint or grievance, and work with the parties to resolve the matter. If the matter is

unable to be resolved by the Chair of the Committee :

a. the Chair of the Committee may order that both parties undertake a formal

mediation process (at the cost of the parties); and

b. if no resolution is able to be reached following formal mediation, the involvement

of the “BENDIGO JOCKEY CLUB” in the resolution of the complaint/grievance ceases,

and the parties may pursue other avenues of resolution, including private legal

action.

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8. Committee Disciplinary Resolution Authority (Sanctions)

8.1. Subject to this Policy, the Committee of the Bendigo Jockey Club may make a

Committee Disciplinary Resolution (CDR) to: a. Reprimand a Venue User;

b. fine a Venue User a sum specified by the Training Rules; c. impose any order or direction against a Venue User conditioning their use of the

venue for such time as the Committee considers appropriate;

d. suspend the Venue User from using the training facilities at its venue for a period not exceeding five years; or

e. impose any combination of the penalties set out in clauses 1.1(a), (b) (c), and (d).

8.2. The Committee may only make a CDR if it is of the opinion that a Venue User is or has been:

a. in breach of or in default under the Training Rules; b. in default of payment of any venue usage charges; c. guilty of improper conduct or unseemly behaviour at any training session or

trainers / venue users meeting; d. guilty of such conduct or action that is unduly prejudicial to or subversive of the

purposes or authority of the Club; e. convicted of any criminal offence; f. guilty of conduct unbecoming a venue user; g. guilty of conduct prejudicial to the interests or welfare of the Club; or h. not a fit and proper person to be a venue user.

8.3. A CDR:

a. must only be passed at a CDR Meeting held in accordance with the obligations in

clause 3;

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b. must, if the CDR is the penalty set out in clause 1.1(d), be passed by an Absolute

Majority of the Committee (excluding circumstances where members of the Committee are unable to vote due to clauses 4.2 to 4.4 inclusive); and

c. if the Venue User exercises his or her right of appeal (as set out in clause 5), will be

stayed, unless the Committee orders that it not be stayed.

8.4. For the purposes of giving notice of a CDR Meeting, the Chief Executive Officer must, as soon as practicable, cause to be given to the Venue User a written notice:

a. setting out the allegation(s) and advising the Venue User that a CDR may be made

against them in accordance with this Policy;

b. stating that the Venue User, or his or her representative, may address the Committee at the CDR Meeting;

c. stating the date, place and time of the CDR Meeting;

d. informing the Venue User that he or she may do any of the following:

(1) attend the CDR Meeting;

(2) be represented at the CDR Meeting;

(3) give to the Committee before the date of the CDR Meeting a written

statement; and

e. informing the Venue User of his or her: (1) rights as set out in clause 4.4; and

(2) appeal rights as set out in clause 5.

8.5. A CDR Meeting must be held not earlier than 14 days, and not later than 28 days,

after notice has been given to the Venue User in accordance with clause 3. The Committee must determine whether all members of the Committee will attend the CDR Meeting, or whether only certain members of the Committee will attend.

8.6. No member of the Committee attending a CDR Meeting must be biased against, or

in favour of, the Venue User involved. If a member of the Committee considers that he or she is:

a. biased in relation to the Venue User that is the subject of the CDR Meeting; or

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b. likely to be considered biased in relation to the Venue User by a reasonable person,

that member of the Committee must not participate in the CDR Meeting.

8.7. If any member of the Committee (first member) has a bona fide belief that another

member of the Committee (second member) is biased against, or in favour of, the Venue User, then the first member must request that the second member not participate in the CDR Meeting.

8.8. If the Venue User has a bona fide belief that any member of the Committee is biased, and that member of the Committee has not been removed from participating in the CDR Meeting in accordance with clauses 4.2 and 4.3, then that Venue User must refer their concern to the Chief Executive Officer at least 2 hours before the meeting is scheduled to take place. The Chief Executive Officer will then be required to make a determination as to whether the allegations of bias are correct, and if in the opinion of the Chief Executive Officer, there are reasonable grounds to believe that the allegations of bias are true, then the Chief Executive Officer must request that the biased Committee member not take part in the CDR Meeting.

8.9. At a CDR Meeting, the Committee must:

a. give the Venue User, or his or her representative, an opportunity to be heard;

b. give due consideration to any written statement submitted by the Venue User; and

c. make a decision to:

(1) pass or not pass a CDR;

(2) adjourn its decision to pass or not pass a CDR to a later date; or

(3) determine whether a separate hearing is required to determine which CDR should be passed, if the Committee determines that a CDR is to be passed (the Sanction Hearing).

8.10. A Committee may order a Sanction Hearing if it considers it to be reasonably

necessary in all the circumstances (taking into account its own views and any submissions of the Venue User).

8.11. At a Sanction Hearing, the Committee:

a. must give the Venue User, or his or her representative, an opportunity to be heard;

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b. must give due consideration to any written statement submitted by the Venue

User; and c. may adjourn its decision to a later date.

8.12. Appeal Rights

8.13. If the Venue User is dissatisfied with the CDR, then the Venue User may consider

appealing the matter through their representative association or other avenues, including legal options.

9. Definitions

In this Policy: Absolute Majority means a majority of all members of the Bendigo Jockey Club Committee. Committee Disciplinary Resolution (or CDR) means the disciplinary options available to the Bendigo Jockey Club, as set out in clause 1.1. CDR Meeting means a meeting of the Bendigo Jockey Club Committee to determine whether a Venue User should be issued with a CDR in accordance with this Policy. Chief Executive Officer means the Chief Executive Officer of Bendigo Jockey Club. Reprimand means the issuing of a formal expression of disapproval. Training Rules means the relevant training rules of the Bendigo Jockey Club, as amended from time to time. Venue User means a person who is licensed or employed to use the training facilities at the Bendigo Jockey Club, who is subject to the Bendigo Jockey Club Training Rules, and who has been given notice under clause 4 of this Policy.

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Key Contacts

Trackwork Supervisor Office 0439 438 712

Dan Baxter 0420 711 926

Racecourse Manager 0407 186 575

Available 5:00am to 9:15am for Enquiries relating to:

- Jump-Out nominations

- General maintenance requests

- Hazard reporting

- Inductions to The Facility

- Track closures / availability of tracks

- Allocation of stalls

- First aid

- Training Facility Regulations and compliance

BJC Office - 03 5448 4209

Email: [email protected]

Available 9:00am to 5:00pm for Enquiries relating to:

- Permission (applications) to use The Facility

- Incident reporting

- Hazard reporting

- Special gallop / exhibition gallop requests

- Invoicing / remittance

- BJC Membership

- Raceday ticketing

- Raceday / Non-Raceday Functions bookings

- Complaints, feedback and suggestions