VICTORIA has broken ranks with NSW and Queensland and will not enforce a mandatory minimum penalty for major infractions such as jockeys betting or fixing races.

ROD NICHOLSON reports in the MELBOURNE HERALD SUN that Racing Victoria chairman Michael Duffy said Victoria preferred to allow the Racing Appeals and Disciplinary Board to consider extenuating circumstances when applying a penalty.

That may mean a lesser penalty than the minimum (two years for betting and five years for race fixing for jockeys) or a harsher penalty, depending on the individual situation.

The Australian Racing Board last week issued minimum penalties.

ARB chief executive Peter McGauran said it was important to ensure consistency throughout Australia.

However, Duffy said mitigating circumstances had to be taken into account.

He suggested a first offender who pleaded guilty, helped stewards in their investigation and had mitigating circumstances would not necessarily be given the minimum sentence.

"However, if there are aggravating factors (such as a repeat offender who refuses to co-operate), the penalty can go up," Duffy said.

"Racing Victoria would like to give the panel the opportunity to use discretion."

RVL was criticised for allowing jockey Damien Oliver to ride during the spring carnival before disqualifying him for eight monthsfor betting on a horse two years earlier.

The stewards said their best chance of a conviction was a confession, which they received, along with evidence from form analyst Mark Hunter.

Chief steward Terry Bailey said yesterday part of a jockey's licensing agreement in future would be the declaration of any form analyst he would employ for the year.

Duffy said RVL would meet the Government and Sal Perna, racing's integrity commissioner, in 10 days to discuss a new integrity model.

Asked the chances of racing bodies gaining the power to tap phones, he said: "I wish them good luck, I'm afraid."

STORY SOURCE: MELBOURNE HERALD SUN – NEWS LIMITED.