The Trainer & Owner Reforms (TOR), designed to support proper financial outcomes with the training arrangement between the Trainer and his/her Owners, have been in operation for 9 months, having commenced 1 August 2017.
Despite the passage of time, it would be fair to say that Trainers are still coming to terms with TOR, their obligations thereunder, and its effect.
Important elements of the TOR you need to familiarise yourself with include:
Ø The Rules of Racing state a Trainer MUST have a FEES NOTICE.The FEES NOTICE is fundamental to TOR. If a Trainer HAS NOT produced a Notice, he/she will not be able to rely on TOR rules for protection, or to resolve any subsequent dispute with Owners over unpaid fees and expenses.
This document is designed to provide Owners with an overview of the more common training, racing, medical and labour costs e.g.: race day strapper etc.; that they can expect to incur as a thoroughbred racehorse Owner. It is meant to eliminate any misunderstanding between the parties of the type of costs the Owner will incur, and what that cost will be.
Your Owners MUST have had the opportunity to review this notice, either by you issuing to them an individual notice, or as an upload onto your website & you directing your Owners, by letter or email, to view this Notice.
A template for the FEES NOTICE is on the ATA web site if you need one.
Ø Gratuities, bonuses to be earned for Group-winning horses, sales bonuses for horses sold to overseas interests, and the like, to operate for the Trainer’s benefit in addition to the standard trainer percentage of 10%, MUST be clearly set out within the FEES NOTICE.
The ATA can assist you with advice on this subject, and the design of the provision, if required.
Ø Every commercial training arrangement MUST have a writtenTRAINING AGREEMENT. If you do not have your own compliant agreement, or one sourced from the ATA, then you automatically default to the Racing Australia (RA) Standard Training Agreement (STA).
Visit the RA website to obtain a copy of the STA.
Visit the ATA web site to view a template of the ATA endorsed Training Agreement. If you wish to use this in lieu of the STA, contact the Australian Trainers’ Association so an Agreement can be personalised for your training business.
Ø Every Trainer must familiarise themselves with the Dispute Resolution Process (DRP), the requisite PAPERWORK and theTIMING associated with each step. In particular, you should ensure you understand:
- When do I need to issue my Training Invoice each month?
- At what point after issue of the invoice does the Presumption of a Training Debt exist?
- At what point can an Owner issue his/her Dispute Notice?
- If I am not paid within the prescribed TOR credit terms, when do I issue my Enforceable Action Application?
- If the financial dispute cannot be resolved by mediation, at what point do I lodge my Notice of Election of Hearing?
The TOR/requisite forms to complete will become simpler for all parties to understand and navigate their way through as they become familiar with the process, use it and experience the outcomes.
Finally, we strongly recommend you visit the Racing Australia web site and read the TOR information thereon www.tor.racingaustralia/horse.
Also, visit our own ATA web site, and take 15 minutes to leaf through our dedicated TOR web pages, www.austrainers.com.au/trainer-owner-reforms/, which contain useful information and the template documents referred to herein.
If you require any information or advice to assist you to better understand and/or use the TOR for your own benefit at this time, please contact the ATA office by phone, or by email.
Chief Executive Officer
Australian Trainers’ Association
(ABN 86 182 142 206)
Level 1 – 400 Epsom Road Flemington Victoria 3031
Phone: (03) 9372 1688 Fax (03) 9372 1699