Hazzard Review remains under wraps

Senior racing and breeding figures and NSW’s shadow racing minister have ramped up calls for the public release of the Hazzard Review into how the sport is run in the state, after confirmation it is now in the hands of cabinet and will remain confidential while that process takes place.

Racing Minister David Harris told a NSW parliament estimates committee on Wednesday the report on Hazzard’s review of the NSW Thoroughbred Racing Act of 1996 – which was tendered in late July – was now with cabinet and “in-confidence”.

This is despite Harris telling estimates on February 25 the report looking largely into the operations of regulator Racing NSW would be released once he had it.

Asked then by MP Scott Farlow “Will you be making that report public upon its arrival?”, Harris had simply answered: “Yes.”

Facing estimates on Wednesday, however, Harris said the report – compiled after former state minister Hazzard took depositions from racing and breeding stakeholders for more than two months – was now with Premier Chris Minns’ cabinet.

Asked when it would be made public, Harris said: “My reply when I get asked that is that once it’s been through the processes it will be released.”

Harris was told by Greens MLC Cate Faehrmann: “You’ve got the review, a lot of people are calling for the release of that, and a helluva lot of people are calling for reform when it comes to Racing NSW.”

Asked by Faehrmann “why aren’t you making it public?”, Harris replied: “People have to understand Racing New South Wales operates within an exceptionally demanding governance environment. It’s uniquely tasked with balancing competing commercial viability, strict regulatory oversight and vital animal welfare obligations.

“It’s been a decision of government that cabinet scrutiny provides the necessary cross portfolio alignment and rigour to ensure that any proposed legislative updates are legally robust, carefully balance public accountability with the industry’s commercial viability, and adequately protect Racing New South Wales’s crucial social licence without unintended disruptions to the state’s racing economy.

“The short answer is that it’s been decided the report will go through a cabinet process, so now it’s subject to that cabinet process.

“So it’ll be up to cabinet.”

Harris’s comments came after more than 20 prominent industry figures – including Gai Waterhouse, John Messara, Ron Finemore and Matthew Sandblom – co-signed a letter sent to Harris on Sunday calling for the immediate release of the report.

Wednesday’s confirmation it was being handled in-confidence in cabinet sparked a fierce reaction from several quarters of the racing and breeding industry.

The head of the peak breeding body in the industry’s national heartland of NSW slammed the news as another sign participants in racing in the state had no say in how it was run.

Thoroughbred Breeders NSW (TBNSW) president Hamish Esplin told ANZ Bloodstock News the whole Hazzard review, initially sparked by the parliamentary inquiry into the failed proposal to sell Rosehill Racecourse, had now been thrown into question.

“A process that started with a public inquiry into the sale of Rosehill Racecourse, and which has led to a public review into the legislation which governs racing in this state, has now suddenly become private,” Esplin said. “Why? It makes no sense.”

Asked if he could see a reason why the report had been sent in-confidence to cabinet, Esplin said: “No, except to say that every participant is now a cynic, and made so because of decisions by this government behind closed doors. It’s only going to spark suspicion.”

Esplin said industry participants deserved the right to read the review as it was tendered by Hazzard.

“As participants in the breeding and racing industry in NSW, we were not involved in the decision to extend the terms of directors on the board of Racing NSW on two occasions, the composition of the selection panel for direct appointments to Racing NSW, approaches to the NSW Government regarding the sale of Rosehill Racecourse, the decision to render black type racing in Australia under the control of foreign bodies, the failure of Racing NSW to deliver a strategic plan, and the failed implementation of the (NSW) Racing for the Regions program,” Esplin said.

“The one time we as participants have been involved is in the Hazzard review, and we’re being told by the minister that we’re not allowed to read it.”

Esplin referenced RNSW chair Saranne Cooke’s March statement likening racing stakeholders to public company shareholders, enjoying returns paid to participants, in which she also took aim at “agitators” in the industry.

“The analogy was that we as participants are shareholders of a public company, but we are not. We have no right of appearance, no vote, and certainly no control,” Esplin said.

“All we have had is the right to speak to Mr Hazzard, but we’re told again we’re not allowed to hear what he says in reply.

“Nothing has changed. The participants are pawns in a game that we cannot see and we cannot affect. And all we have left is to agitate.”

The Racing Reform Group (RRG), whose steering committee includes prominent breeding and racing figures Arthur Mitchell, Julia Ritchie, Brian Nutt and Jason Abrahams, also lamented Wednesday’s news.

“We’re extremely disappointed, but not surprised,” said Nutt, the group’s secretary, Attunga Stud’s owner and former vice-president of the Scone Race Club, who was among signatories to the letter sent to Harris on Sunday.

“It’s something that Mr Hazzard has put a great deal of work into, it’s something that was commissioned by the government, and yet they seem to be hiding behind cabinet privilege.

“I could only speculate on why they’re doing it.

“We’re going to keep the pressure up and work to get the government to release the report. ”

Nutt said the RRG would continue to push for the report’s release.

“We’re still engaging with politicians. I’m still meeting with various politicians from all parties and putting our case,” he said.

The National Party’s shadow racing minister David Layzell – also the Member for Upper Hunter in the breeding heartland – said it was crucial the government made public the report while deliberating its response, especially with only six sitting weeks left in the parliamentary year, equating to only 18 days in which both houses convene.

“We now understand the Hazzard Report is before cabinet and it is now the decision of Premier Minns when he wants to release the report,” Layzell said in a statement to ANZ.

“The minister in his evidence at budget estimates stated very clearly that he passed the ball to the Premier to decide.

“This report should be released to the public because it is in the best interest of the racing industry to do so. There has been significant contribution made by industry participants to raise issues and they are keen to see their information included and assessed.

“There is no reason why the report shouldn’t have been released to the public while the government deliberated their response. I do not know the reasons why the report has not been released to date. I have no knowledge of what is in it that would warrant secrecy.

“I trust and expect that the premier will release the report in an appropriate timeline. However, with just six weeks left of parliament for this year, it is important that they do so ASAP. Time is running out.”

Contacted by ANZ, Waterhouse texted simply: “How long do we have to wait to hear the truth?”

Hazzard was appointed last August to conduct his review, to particularly investigate RNSW’s governance, board appointments and tenure, transparency, stakeholder consultation, integrity, horse welfare, and the industry’s sustainability.

Industry critics argue that significant changes since the Thoroughbred Racing Act was introduced in 1996, including the rise of corporate bookmakers and changes in the distribution of wagering revenue, have raised questions about whether the legislation remains appropriate for the modern industry.

The terms of reference excluded consideration of Racing NSW’s status as a body corporate independent of government and the industry’s funding arrangements, these exclusions that drew criticism from some industry participants.

Harris told the estimates committee reviews of racing were being conducted in countries other than Australia.

“A lot of these practices and things were put in place in a different era, before a lot of technology,” he said. “So I think it’s appropriate that we are now looking at the appropriateness of the act.

“We are doing it with great seriousness, and subject to those cabinet deliberations we’ll be announcing what we’ll do going forward.”

Labor’s racing minister was taken to task by Nationals MLC Wes Fang, accusing him of a lack of consultation with industry groups including the NSW Trainers’ Association, TBNSW, and the RRG. Harris confirmed he had not met with any of the three.

“All three bodies have asked to meet with you, but you haven’t met with any of them,” Fang said, adding “you can’t just leave it to Racing New South Wales, Minister”.

He was also asked about the contentious Racing for the Regions program. A spokesman for Harris told the committee new processes had been put in place and were being delivered upon to ensure the scheme was now running more efficiently than it had been. This included monthly status reports from RNSW.

Early in the budget estimates hearing, Independent MLC Mark Latham also cited the government “handing over five crown land leases for racecourses to Racing New South Wales”.

Latham asked whether Racing NSW’s regulatory structure created what he described as an “obvious conflict of interest”, arguing that “the regulator regulates itself”.

“Does it worry you, this obvious conflict of interest … that the regulator regulates itself?” Latham said.

Harris replied: “ … I think that’s part of what we’re having a look at, is whether the current legislation remains relevant.”