A racing enthusiast with a criminal history spanning 26 years and three states has challenged a determination he is not a “fit and proper person” to hold a thoroughbred training licence.
Gavin Rolls applied for a review of an internal review decision of the Queensland Racing Integrity Commission (QRIC) made in October 2022, which confirmed an original decision to decline his application for the licence.
In its decision published on Friday, the Queensland Civil and Administrative Tribunal (QCAT) confirmed the internal review decision, pointing to Mr Rolls’ extensive criminal history.
“On 20 separate occasions, between 1996 and 2022, he has been convicted of offences in Queensland, New South Wales and South Australia, on a number of those occasions for multiple offences,” Senior Member Aughterson said.
“The offences include serious assault, aggravated assault, assault occasioning actual bodily harm whilst armed/in company, assault or obstruct police officer, domestic violence, contravention of domestic violence orders, break and enter dwelling house, forcible entry, wilful damage, fraud, false pretences, make/furnish a statement which is false/misleading, stealing, receive/dispose stolen property, failure to appear, breach of bail conditions, possessing dangerous drugs, and producing dangerous drugs.”
He said the 47-year-old, who had been sentenced to prison eight times, had filed references that spoke of his passion for horses, capacity for hard work and general good character.
“However, none of the referees indicate any knowledge of the applicant’s criminal history, which somewhat diminishes what they say as to his character,” he said.
“One of his referees gave oral evidence and said in cross-examination that he was not aware of the applicant’s criminal history.”
Senior Member Aughterson said under the Standard for Licensing Scheme Thoroughbreds, relevant factors in determining suitability for a licence included the applicant’s “honesty, integrity, criminal history, any acts of dishonesty, their capacity to operate within the law, and the ability to ‘display the appropriate level of mental fitness to make correct decisions in relation to behaviour by demonstrating a continuing moral commitment to good behaviour and good character’”.
“The criminal history of the applicant tends to suggest an unwillingness or inability to operate within the law. That history is both significant and recent. Relevant to the Standard, it includes offences of dishonesty and fraud,” he said.
“Also, as stated in the internal review decision: ‘Being a thoroughbred trainer involves more than looking after horses. It requires the applicant to attend training tracks and race meetings with other licensees and to engage with the general public. A thoroughbred trainer must possess mental fortitude and incredible patience to enable them to endure difficult persons, difficult situations, financial difficulties and to manage stress without resorting to violence’.”
Senior Member Aughterson said in making his decision that Mr Rolls was not fit and proper to hold the licence, he considered the Human Rights Act 2019 (Qld), and found the refusal was justifiable.
He concluded by noting “that there is nothing in the (Racing Integrity) Act or the Standard that requires a person to wait for a specified period of time after an application for a licence has been refused before reapplying for a licence”.
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