Vale v Queensland Racing Integrity Commission [2021] QCAT 438

Date: 21 December 2021 
Court: Queensland Civil and Administrative Tribunal 
Member: Member Lember  
Human Rights Act 2019
(Qld) Sections: ss 21, 25 
Rights Considered: Right to freedom of expression; Right to privacy and reputation 
Other Legislation: Australian Rules of Racing, r 228(b); Criminal Code Act 1899 (Qld) ss 245, 268, 269, 270, 271, 272; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3(b), 9(1), 17(1), 18, 19, 20, 21, 24, 66; Racing Act 2002 (Qld); Racing Integrity Act 2016 (Qld) ss 240, 241, 243, 245, 246 
Keyword: Education, Training and Employment; Public Law Considerations

This matter involved a horse trainer, Vale, who committed acts of physical violence and threats in breach of the Australian Rules of Racing. Citing the Human Rights Act 2019 (Qld), the Tribunal considered Mr Vale’s human rights, including his right to freedom of expression (section 21) and his right to not have his reputation unlawfully attacked (section 25(b)). The Tribunal was satisfied in the circumstances that the limitation on these rights was consistent with the proper purpose of maintaining public confidence in Queensland’s racing industry and upholding the integrity of all persons involved with racing.

Visit the Judgment: Vale v Queensland Racing Integrity Commission [2021] QCAT 438