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Thread: Michael Siejka "warned off"

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  1. #1
    Senior Member 4YO Thevoiceofreason has a spectacular aura about
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    Quote Originally Posted by hillbillydeluxe View Post
    Totall agree VOR
    I want to enter back into this industry as an employer and want it to be squeky clean. I applaud HRNSW I just hope more funding is available for the longterm.
    If the racing industry win the court case against the corporate bookies and betfair there will be, if not the Government will have to drop its take out to fund the integrity side of all codes.

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    Super Moderator Horse Of The Year teecee has a spectacular aura about teecee's Avatar
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    THere is greater requirement for registered or licenced persons under the rules to comply with the requirements of those rules.
    Such agreement is a condition of licencing or registration.
    As such failure to comply will / should lead to greater sanctions for these licenced persons who fail to comply with orders legitimately made under the rules.
    It is the same in any area. Lawyers, teachers etc have a greater requirement to comply with the rules governing their profession than "Joe Public".

  3. #3
    Senior Member Horse Of The Year The Form Student will become famous soon enough
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    Quote Originally Posted by teecee View Post
    THere is greater requirement for registered or licenced persons under the rules to comply with the requirements of those rules.
    Such agreement is a condition of licencing or registration.
    As such failure to comply will / should lead to greater sanctions for these licenced persons who fail to comply with orders legitimately made under the rules.
    It is the same in any area. Lawyers, teachers etc have a greater requirement to comply with the rules governing their profession than "Joe Public".
    If you don't have the information to charge them in your own right, you don't expect them to supply it to you.........Really!....When someone becomes a 'registered person", I am sure they don't realise they could be expected to hand over their banking details or phone records at any time!.......If you have a specific allegation for a specific day and time and request verification........then so be it! Anyone can be warned off at any time if it takes the boards fancy!........The persons have not complied with a request to supply documents.........the document is not relevant to the day to day situation of being a registered person, and therefore unless a specific request is made, why would someone give over their full records.

  4. #4
    Banned Foal Ardvark will become famous soon enough
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    Quote Originally Posted by The Form Student View Post
    When someone becomes a 'registered person", I am sure they don't realise they could be expected to hand over their banking details or phone records at any time!.......If you have a specific allegation for a specific day and time and request verification........then so be it! Anyone can be warned off at any time if it takes the boards fancy!
    That is probably the greatest post I have ever read on this forum. It is like going to a library or video store and they lose a book or movie and ask for your bank records cause you were there within a week of the crime?? Please.... does ANYONE on this forum want to hand over their personal records to any authority other than the police....now let's be honest for a minute....I wouldn't trust anyone with my personal details if I was innocent or guilty!!
    Last edited by teecee; 03-22-2012 at 03:20 AM.

  5. #5
    Banned Filly little fish will become famous soon enough
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    Quote Originally Posted by The Form Student View Post
    If I were handing over my personal and private documents, I would want to know who exactly is going to be looking at them, and that a signed confidentiality agreement made as a minimum...
    Quote Originally Posted by The Form Student View Post
    When someone becomes a 'registered person", I am sure they don't realise they could be expected to hand over their banking details or phone records at any time!.
    I agree about the confidentiality agreement I would ask for that too. But regarding registered people handing over phone records.....fair enough if there is no logical industry-related reason......can't just do random checks as if you are everyone's big brother......but if it's as part of an ongoing investigation related to maintaining the integrity of the sport I think it's perfectly reasonable to ask for phone records and hit em with a hammer if they don't comply.

    I don't think an excuse such as concealing a relationship is enough to warrant not handing over your records.

    Although maybe Gillard's Fair Work Australia might have something to say to the contrary?

  6. #6
    Senior Member Horse Of The Year The Form Student will become famous soon enough
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    [QUOTE=little fish;19471]I don't think an excuse such as concealing a relationship is enough to warrant not handing over your records. QUOTE]

    It all depends on whether, when you get home your wife or partner is waiting there with a rolling pin in their hand! This was mean't to give some reasons why a person may want to resist handing over their details.......it's personal circumstances for each person!

    My only issue is that if the person has not been charged with, or found guilty of an offence, why are they warned off! Yes, de-register them from HRNSW completely, but how do you have the right to refuse them entrance to the course.......and I don't mean allow them access to the birdcage area!

    From what I am seeing, given that those involved have not had their cases heard yet.............it seems a fairgone conclusion they will all be either disqualified, banned for life, or warned off!

  7. #7
    Senior Member 4YO Thevoiceofreason has a spectacular aura about
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    [QUOTE=The Form Student;19508]
    Quote Originally Posted by little fish View Post
    I don't think an excuse such as concealing a relationship is enough to warrant not handing over your records. QUOTE]

    It all depends on whether, when you get home your wife or partner is waiting there with a rolling pin in their hand! This was mean't to give some reasons why a person may want to resist handing over their details.......it's personal circumstances for each person!

    My only issue is that if the person has not been charged with, or found guilty of an offence, why are they warned off! Yes, de-register them from HRNSW completely, but how do you have the right to refuse them entrance to the course.......and I don't mean allow them access to the birdcage area!

    From what I am seeing, given that those involved have not had their cases heard yet.............it seems a fairgone conclusion they will all be either disqualified, banned for life, or warned off!
    Steve

    They have been charged with and offence that is the point, the offence being failing to comply here is the rule every licensed person knows it and agrees to abide by it when licensed.

    Offences

    187. (1) A person who is directed to do so by the Stewards shall attend an inquiry or investigation convened or conducted by them.

    (2) A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation.

    (3) A person shall comply with an order or direction given by the Stewards.

    (4) A person shall undergo any inspection, examination or test required by the Stewards.

    (5) A person shall not abuse, intimidate or be deliberately obstructive of the Stewards.

    (6) A person shall not frustrate or endeavour to frustrate an inquiry or investigation.

    (7) A person who fails to comply with any provision of this rule is guilty of an offence.

    The penalty has nothing to do with the initial investigation.... it is a separate offence and as I and many others have said, if Racing Governing bodies do not use this type of penalty for this type of offence NONE, and I mean NONE of the people involved in any investigation would comply, they would just not comply and go about doing whatever they wanted except train or drive a trotter, I am sorry but your stance on this does not make any sense to me at all.

    Given the time frame since they were asked to comply it seems crystal clear to me that these people made an informed decision to not comply, as you said it may be because of unknown personal circumstance...... but it may also be because the documents might just make it look like they were acting corruptly.

    How does the saying go "better to shut your mouth and be be thought a fool, then to open it and remove all doubt" perhaps providing the documents will remove all doubt.

  8. #8
    Senior Member Colt Chariots will become famous soon enough
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    The process is extremely simple. Abide by the rules under your license or take HRNSW to court or in fact HRA as these are national rules. Good luck with that Ardvark. If you don't want to work within the structure that exists find another occupation.

  9. #9
    Banned Foal Ardvark will become famous soon enough
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    Ron Coote, I am not a licenced person so I dont have the misfortune of being subject to such draconian rules. If an allegation is levelled against you, you must answer it, other than that licenced persons should not have to be the bait in fishing expeditions by HRNSW or any other authority!

  10. #10
    Junior Member Yearling William will become famous soon enough
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    Quote Originally Posted by Ardvark View Post
    Ron Coote, I am not a licenced person so I dont have the misfortune of being subject to such draconian rules. If an allegation is levelled against you, you must answer it, other than that licenced persons should not have to be the bait in fishing expeditions by HRNSW or any other authority!
    No participant has to supply any information if they don't wish to. They are free to hand in their licences if they don't like the rules of the game. They knew the rules when they took out their licence. That applies to everyone, not just Michael Siejka.

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