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Background

At 6:45am on 4 June 2025, licensed jockey Ms Nyssa Burrells was completing trackwork duties at Kembla Grange Racecourse.

Ms Burrells approached the gap where trackwork manager/supervisor, Dave Anderson was attempting to open the slide rail after a horse had completed a gallop on the B grass training surface.

As Mr Anderson attempted to open the slide rail to reopen the gap, he asked Ms Burrells to be patient as she edged her horse closer to the rail. At this time, she directed towards Mr Anderson improper language and spoke in an aggressive tone.

Mr Anderson replied: “Don’t speak to me in that way” and advised Ms Burrells that he would be referring the matter to the Stewards. The interaction occurred in an open area, visible and within audible range of other parties.

Racing NSW Investigators commenced an investigation and obtained statements from three (3) industry participants. Ms Burrells took part in an interview where she made certain admissions.

Racing NSW Stewards today (9 July 2025) conducted an inquiry into the alleged incident. A brief of evidence compiled by Racing NSW Investigators was tendered and oral evidence was taken from three (3) participants and Ms Burrells.

Stewards considered the evidence and issued a charge under AR228(b) against Ms Burrells as detailed:

Charge issued against Ms Nyssa Burrells

Charge 1: AR228(b)

The details of the charge being that at 6:45am on 4 June 2025 during trackwork at Kembla Grange Racecourse, she engaged in improper conduct by directing improper language in an aggressive tone towards trackwork manager/supervisor Mr Dave Anderson.

Plea: Guilty

Finding: Guilty

Penalty

The following penalty considerations were taken into account:

- Guilty plea

- The contrition and remorse shown by Ms Burrells and her willingness to accept responsibility for her conduct

- Objective seriousness of the conduct

- Ms Burrells was stood down on 4 June 2025 until 9 July 2025 by Illawarra Turf Club (Kembla Grange Racecourse)

- Ms Burrells personal and professional circumstances

- Principle of specific and general deterrence and what message is sent to the industry in respect to such conduct

- Purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred Racing Industry

Charge 1: Suspension of licence (six weeks)

Having regard to her guilty plea and other relevant considerations, Stewards ordered Ms Burrell's licence (in full) be suspended for a period of 6 weeks reduced to 4 weeks. Additionally, Stewards acting under AR283(5) ordered that entire 4 weeks of this penalty be suspended for a period of 12 months, on the basis that she is not found to be in breach of a conduct rule during this time period.

Ms Burrells was advised of her rights of appeal.

Relevant Rules

AR 228 Conduct detrimental to the interests of racing

A person must not engage in:

(b) misconduct, improper conduct or unseemly behaviour;

(e) conduct which threatens, disparages, vilifies or insults another person (“other person”) on any basis, including but not limited to, a person’s race, religion, colour, descent, national or ethnic origin, special ability/disability, or sexual orientation, preference or identity, while the other person is acting in the course of his or her duties in the racing industry

Division 4 – Penalties

AR 283 Penalties

Any person or body authorised by the Rules to penalise a person may in respect of any penalty imposed in relation to the conduct of a person and other than in relation to a period of disqualification or a warning off, suspend the operation of that penalty either wholly or in part for a period not exceeding 2 years, on terms they think fit.

- D.R. Hadley (General Manager-Investigations, Racing NSW)