Chairman of Stewards Report – October 2015

Veterinary Surgeons

From the 15th September 2015 for the metropolitan area and from the 1st December 2015 for the provincial and country regions, new local rule 82C and 82D requires trainers to use only the veterinary services of Veterinarians which have been issued a permit by Racing NSW.

A list of those Veterinarians holding RNSW permits is displayed on the Racing NSW website and except in emergency circumstances, whereby the health or welfare of a horse is at risk, only those Veterinarians appearing on the list may be utilised by trainers for any veterinary service, including the prescribing or provision of any medication. Importantly, the provisions of LR82C apply to those Veterinarians prescribing or providing any medication, whether or not the Veterinarian is present upon a licensed premises. A RNSW Policy Statement that sets out operational protocols and rules in order to assist Veterinarians in understanding the protocols and obligations associated with the implementation of NSW LR82C and 82D, has been developed and becomes part of the RNSW Local Rules of Racing.

This policy outlines the protocols for the search of Veterinarians, their vehicles and their premises (surgery). Other matters contained in the policy statement include:

  • Stewards powers to inspect, observe, search and take possession of articles
  • Carriage and dispensing of veterinary medicines
  • Anabolic steroids and substances specified in AR177B(2)
  • Attendance at investigations, inquiries and appeals and requirement to give evidence
  • Legal representation at inquiries or hearings
  • Suspension or revocation of permit
  • Appeal rights

LR 82C (1) Subject to subrule (2):

(a) No veterinarian shall provide veterinary services to a horse in training and/or competing in New South Wales unless that veterinarian is registered with the Veterinary Practitioners Board of NSW or equivalent interstate body and has been issued a permit by Racing NSW.

(b) A trainer shall not allow a horse under his care or control in New South Wales to receive veterinary services from any person other than a veterinarian who is registered with the Veterinary Practitioners Board of NSW or equivalent interstate body and has been issued a permit by Racing NSW.

(2) Subrule (1) of this rule does not apply in emergency circumstances where the health or welfare of a horse is at risk if veterinary services are not provided immediately and a veterinarian who has been issued a permit by Racing NSW is not available to provide those services.

(2) For the purposes of this rule and LR 82D:

(3) ”permit” is a permit as referred to in the definition of “Licence” in the Rules and is subject to the Policy Statement that appears at the end of these Local Rules;

(4) “veterinary services” means any services (including the prescribing or provision of any medication) provided to or in connection with a horse by a person who is a registered veterinarian.

LR 82D Prior to Stewards exercising their powers under AR 8B in respect of a premises or surgery occupied by or under the control of a veterinarian who has been issued a permit by Racing NSW, the following shall apply:

(1) Racing NSW shall make an application to the Principal Member for the issue of a permit to search.

(2) The Principal Member shall have the power to, and shall:

(a) grant the application and issue a permit to search in terms sought by Racing NSW or as otherwise amended by the Principal Member; or

(b) reject the application and not issue a permit to search.

(3) A permit to search shall contain the following information:

(a) the name of the veterinarian who has been issued a permit by Racing NSW;

(b) the address of the premises or surgery occupied by or under the control of the veterinarian who has been issued a permit by Racing NSW;

(c) the purpose of the search including specific item/s being searched for;

(d) the scope of the search including specific item/s that are permitted to be taken into the possession of Racing NSW; and

(e) an outline of the process to be undertaken by Racing NSW in respect of the imaging of data from the electronic records of the veterinarian who has been issued a permit by Racing NSW (if relevant).

(4) This rule does not apply to any search of the vehicle or person of a veterinarian who has been issued a permit by Racing NSW conducted by Stewards while that veterinarian is located on a trainer’s approved premises or racecourse.

(5) For the purposes of this rule:

“permit to search” means a permit to search issued by the Principal Member prior to Stewards exercising their powers under AR 8B in respect of a premises or surgery occupied by or under the control of an approved veterinarian;

“Principal Member” means the Principal Member of the Appeal Panel appointed pursuant to section 46 of the Thoroughbred Racing Act 1996 (NSW).

Ban on Injections within One Clear Day of Competition

Trainers and other thoroughbred racing industry participants are notified that Australian Rule of Racing AR.178AB becomes effective from 1st October 2015. This Rule prohibits the use of injections of any type to horses during the One Clear Day prior to racing and official trials.

AR.178AB:

(1) A person must not, without the permission of the Stewards, inject a horse, cause a horse to be injected or attempt to inject a horse, which is engaged to run in any race or official trial:

(a) at any time on the day of the scheduled race or official trial, prior to the start of such event; and

(b) at any time during the One Clear Day prior to 12.01am on the day of the scheduled race or official trial.

(2) Where there has been a breach of AR.178AB(1), or the Stewards reasonably suspect that there has been a breach of AR.178AB(1), the Stewards may order the withdrawal of the horse from the relevant race or official trial.

(3) Where there has been a contravention of AR.178AB(1), the horse may be disqualified from the relevant race in which it competed.

(4) Any person who breaches, or is a party to a breach of, AR.178AB(1), commits an offence and may be penalised.

(5) For the purpose of this rule:

(a) injection includes, but is not limited to, the insertion of a hypodermic needle into a horse;

(b) it is not necessary to establish whether any substance was injected, or the nature of any substance injected.

Implications of AR.178AB

The new rule makes it an offence for any person (including a trainer, anyone else in charge of a racehorse or a veterinarian) to insert a hypodermic needle into a horse within the one clear day prior to a race or official trial.

By way of example, if a horse is racing on a Saturday, the last time that the horse may be injected is midnight on the Thursday prior to the race. The horse must not be injected on the Friday or at any time on the Saturday prior to the running of the race.

The one clear day ban on injections prior to competition includes, but is not limited to, the administration by injection, whether intravenously, intramuscularly, subcutaneously or any other route, of the following medications and substances:

  • intravenous infusions, fluids and electrolytes;
  • vitamin and mineral supplements;
  • haematopoietic (blood building) agents;
  • all Schedule 4 Prescription Animal Remedies and Prescription Medicines for injection; and
  • any other agents for administration by injection.

However, it is noted that, for the purpose of proving a breach of AR.178AB, it is not necessary to establish what (if any) substance was injected, or was attempted to have been injected, into the horse.

Importantly, under the new rule, a person must not, without the permission of the Stewards, insert a needle into a horse for the purpose of blood sampling for health and fitness assessment during the one clear day prior to competition. The obvious exception to the Rule is the collection of official pre-race or out-of-competition blood samples at the direction of the Stewards for the purpose of drug analyses.

IMPORTANT NOTE: The timing of the administration of many injectable products will be determined by the detection periods for the prohibited substances contained in those products. In most cases, the detection periods will be in excess of the one clear day prior to competition.

Queensland Apprentice Jockey Gradings

To ride at NSW Country TAB meetings, Queensland apprentice jockeys must hold a minimum of a Provincial B licence. Holding of a Queensland Non-TAB licence does not allow the apprentice to ride at NSW Country TAB meetings.

Banning of Tipperary Ride Lite Vest Standard M6 Issue 5

On the 1st October 2013, a notice was issued banning this Tipperary vest as it did not meet safety standards. AR87B(2) requires licensed persons to wear only safety vests that are approved and trainers and riders are asked to check that their equipment conforms to the requirements of this rule.

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