Racing Industry Law and Regulation

This subject has the following teaching availabilities in 2016:

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

136-150 hours

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

For centuries the breeding and racing of animals, especially horses, has been pursued with interest and passion in many parts of the world. A race attracts betting and from that emerges the prospect of misdeeds. As the scale and economic significance of the racing and associated betting industries have grown, so too has regulation by private groups and public authorities. Today, these industries face new challenges to their economic and regulatory models, born of a wide range of alternate gambling opportunities and the need to safeguard integrity. Changing attitudes to animal welfare are also influential. This subject explores different ways in which the law operates in this field and might be developed to meet the new challenges. It is for anyone interested in animal racing, including legal counsel, integrity officers and gambling industry participants. The three-member teaching team brings to the subject a varied and high level of expertise.

This subject will consider selected topics concerning the regulation of the racing industry (thoroughbred, harness and greyhound) in Australia. The primary focus will be upon analysing evolving regulatory arrangements and the role of public policy.

Principal topics include:

• Overview of the structure of the racing industry in Australia, including identification of key stakeholders and commercial and legal relationships
• Governance and regulatory issues, including the historical role of Principal Clubs and the trend to public regulation
• Public policy issues in gambling control and their relationship to the racing industry
• Legal aspects of breeding, purchase and ownership, including the role of the Australian Stud Book and syndication
• Liability for injury
• Occupational regulation of jockeys, trainers and bookmakers
• Legal aspects of race results, prizes and incentive schemes
• Legal issues in professional gambling
• Disciplinary powers and processes, including stewards’ hearings, appeal tribunals and judicial reviews.

A student who has successfully completed this subject will:

• Possess knowledge of the general nature of racing industry regulation in Australia
• Understand the law relating to the ownership, training and racing of horses and greyhounds
• Understand the legal and policy relationships between racing and gambling
• Be able to evaluate the adequacy of the current regulatory environment to meet the needs of key stakeholders and the wider community.

10,000 word research paper (100%) (31 August) on a topic approved by the subject coordinator.

A minimum of 75% attendance is a hurdle requirement.

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

This subject is not available as a breadth subject.