Introduction

This protocol is intended to provide industry participants with information about how the Greyhound Welfare & Integrity Commission (GWIC) will approach enforcement of the NSW Greyhound Welfare Code of Practice.

The protocol is in keeping with GWIC’s Compliance & Enforcement Explanatory Guide 2020 and has been developed with the assistance of Greyhound Racing NSW, the Greyhound Breeders Owners & Trainers Association.

Enforcement of Greyhound Housing area Standard 5.9

Standard 5.9 of the NSW Greyhound Welfare Code of Practice requires greyhound housing areas to be at least 3.5 square metres.

When the Code comes into effect on 1 January 2021, all existing greyhound housing areas will be deemed to comply with standard 5.9 until 31 December 2030. However, in certain circumstances GWIC can direct a participant to comply with standard 5.9 immediately.

A decision to direct a participant to immediately comply:

• can only be made by GWIC’s Chief Executive Officer or Commissioners; and
• can be reviewed by the NSW Racing Appeals Tribunal.

The circumstances that may give rise to a participant being required to immediately comply with standard 5.9 are being developed in consultation with the industry.

Enforcement of Standards 9.4 and 9.5

Failure to comply with standard 9.4. or 9.5, which relate to unlawful euthanasia of greyhounds, represents a serious breach of the Code. Accordingly, any breaches of these standard may result in either disciplinary action and/or a prosecution before the Local Court.

Enforcement of other Standards (excluding 9.4 and 9.5)

Generally, GWIC’s initial response to a breach of a standard or standards in the Code will involve educating the participant on how to meet the standards within the Code. This may be in form of a verbal notification, a notice or a letter. GWIC seeks to remedy breaches of standards through education and co-operation wherever possible.

If it becomes clear to GWIC that a participant, over a period of time, continues to disregard the requirement to comply with the Code, GWIC may commence disciplinary action. This could result in the participant being fined, or their registration being suspended, or being disqualified.

Your rights to a review of a decision

Depending on the nature of the action that GWIC takes to enforce the Code, participants have a right to seek a review.

If a participant disagrees with a decision by GWIC to enforce standard 5.9, or to refuse an extension of the exemption, the participant may seek a review of the decision by the NSW Racing Appeals Tribunal.

If GWIC has undertaken disciplinary action against a participant, the participant is able to seek an Internal Review of the decision under section 91 of the Greyhound Racing Act 2017, or appeal the decision to the NSW Racing Appeal Tribunal. For information on GWIC decisions, visit the GWIC website at: www.gwic.nsw.gov.au