Terms of Reference - Review of Thoroughbred Racing Act 1996

On 6 December 2024, the Parliamentary Select Committee on the Proposal to Develop Rosehill Racecourse tabled its report. Recommendation 3 of the Report stated:

"That the NSW Government conduct a thorough review of the Thoroughbred Racing Act 1996, which, among other things, considers whether the Act is fit for purpose."

The NSW Government Response to the Committee’s recommendation, supported-in-principle Recommendation 3, stating:

"The matters raised as part of the Committee’s inquiry and report cover a broad range of issues relating to the Act. As part of its ongoing commitment to best practice in legislative review, the Government considers there is merit in a review of the Thoroughbred Racing Act 1996."

The NSW Government has appointed former NSW Minister for Health, the Hon Brad Hazzard, to independently lead a review of the Thoroughbred Racing Act 1996. Mr Hazzard is supported by the Department of Creative Industries, Tourism, Hospitality & Sport.

A final report on the review is due to the Minister for Gaming and Racing in 2026. 

Purpose of the Review

The purpose of the review is to determine whether the terms of the Thoroughbred Racing Act remain appropriate to ensure the integrity and proper regulation of thoroughbred racing in NSW and support the industry’s development and sustainability.

Scope of Review

The scope of the review is to:

1. assess and make findings in relation to the effectiveness of:

• Governance structures and processes established under the Thoroughbred Racing Act, including appointment requirements and tenure limits for Racing NSW members
• Transparency mechanisms under the Act, specifically the accessibility and transparency of information concerning Racing NSW’s commercial work and activities, as well as its accountability and reporting on key public interest issues in relation to strategic planning, animal welfare and integrity.
• Stakeholder consultation and participation mechanisms under the Act, including their effectiveness in ensuring industry engagement in decision-making, for example, the Racing Industry Consultation Group.
• Initiatives to ensure the sustainability and viability of the industry, including in relation to regional NSW.

   2. recommend legislative changes to the Act, if necessary, based on the findings of the review.

The review is to consider the appropriateness of the mechanisms and processes identified having due regard to best practice, research and evidence and the need to:

• ensure the integrity and proper regulation of thoroughbred racing in the State
• promote animal and jockey welfare and responsible racing practices
• support the industry’s development and its long-term sustainability, in line with the interests of the public and the industry as a whole.

For the avoidance of doubt, the scope of the review does not include:

• provisions of the Act that establish Racing NSW as a body corporate that is independent of government (Sections 4 and 5)
• provisions of the Act that relate to thoroughbred racing industry funding arrangements (such as the totalizator distribution arrangements in Division 3 of Part 2A).