(iii) Reform of the whip rules
Racing Australia amended the rules governing the use
of the whip from 1 December, 2015 to:
• remove the distinction between forehand and
backhand whip strikes so that there is a limit of five
forehand or backhand whip strikes prior to
100 metres.
• introduce stronger penalties for whip offences
including greater emphasis on suspensions for
serious breaches and for breaches in Group and
Listed races.
The introduction of a limit on the number and manner
of whip strikes, in conjunction with a padded whip,
ensures the welfare of the horse. Racing is accountable
for the highest standards of animal welfare in line with
community standards which require whip usage to be
tailored towards principles of horsemanship rather
than punishment.
3. MODERNIZATION OF INDUSTRY
PRACTICES
(i) Security For Training Fees System
Racing Australia will introduce a Security for Training
Fees System (SFTF) in mid 2016 to bring greater
certainty and equity to the contractual relationship
between owners and trainers as well as between joint
owners of a horse.
The key components of the SFTF are:
A. The Standard Training Terms
The Terms are compulsory and apply to all trainers and
owners with the key features being:
• The Rights and Obligations of the Trainer. A trainer’s
responsibilities to owners on such issues as care
and welfare of the horse, disclosure of training fees
and reporting are set out.
• The “Uniform Payment System”. This requires that
an owner provide Racing Australia details of a valid
credit card, debit card or direct debit by way of a
Payment Mandate Facility. Racing Australia will in
certain circumstances be able to debit the Payment
Mandate Facility to recover training fees owed to
a trainer.
Importantly, the Uniform Payment System has
safeguards for owners. These include the right to
dispute a trainer’s invoice and to refer the dispute to a
Training Disputes Arbitrator.
Racing Australia will only debit an owner if each of
the four following things happen: the trainer issues
an invoice within the first 15 days of a new month; the
owner doesn’t dispute the invoice; the owner fails to
pay the invoice by the end of the month in which it is
issued; and the trainer requests Racing Australia debit
the owners Payment Mandate Facility.
The trainer alone can initiate action to recover fees
owed. The trainer must complete and submit a formal
application to RA to do so.
The Agreement will not be signed off or “executed” in
the sense of the parties signing to endorse its terms,
rather, the terms are incorporated as between Owner
and Trainer when a horse is registered to race through
a Horse Registration Form.
B. The Standard Joint Owner Terms
This document does not provide mandatory terms, but
rather a basic set of template terms which can be varied
or excluded by Joint Owners. The only exception to
the document’s flexibility is an inability to opt out of, or
impede, the operation of the Uniform Payment System.
In other words, the spirit behind this document is that
it provides groups of owners, including those who
would not otherwise have a set of terms governing
their arrangements as Joint Owners, with a base body
of terms in relation to their rights and obligations as
owners.
These standard terms do not in any way stop more
sophisticated or organised owners putting together
their own agreements as Joint Owners, and/or
contracting out of these terms. For example, if some
groups of owners wish to have procedures for meetings
of owners, or pertaining to voting rights, they are able to
agree on that separately. Importantly, the standard terms
are not directed to owners who own horses promoted
by a licensed promoter with an AFSL and who are
subject to a syndication deed.
Like the Standard Training Terms, the Standard Joint
Owners Terms will be incorporated by reference
through each of the Horse Registration Forms.
14 |
Racing Australia Annual Report 2015
CHIEF EXECUTIVE OFFICER'S
REPORT
continued
