22Applications for arbitration of disputes relating to anti‑doping policies

22 Applications for arbitration of disputes relating to anti‑doping policies

Anti‑Doping Division recognised by anti‑doping policy (1) If: (a) a sporting body has an anti‑doping policy that has been approved by the Sport Integrity Australia CEO; and (b) a person is bound by the anti‑doping policy; and (c) the anti‑doping policy permits disputes of a particular kind to be heard in the Anti‑Doping Division of the National Sports Tribunal; and (d) a dispute of that kind arises in relation to the person; the person may apply to the National Sports Tribunal for arbitration of the dispute.

Note: See Division 7 for how applications are to be made.

Anti‑Doping Division not recognised by anti‑doping policy (2) If: (a) a sporting body has an anti‑doping policy that has been approved by the Sport Integrity Australia CEO; and (b) a person is bound by the anti‑doping policy; and (c) a dispute arises in relation to the person; and (d) the dispute is of a kind in respect of which the World Anti‑Doping Code provides for a form of hearing; and (e) the anti‑doping policy does not permit disputes of that kind to be heard in the Anti‑Doping Division of the National Sports Tribunal; and (f) the person, the sporting body and the Sport Integrity Australia CEO agree in writing to refer the dispute to the Anti‑Doping Division of the National Sports Tribunal; the person may apply to the National Sports Tribunal for arbitration of the dispute.

Note: See Division 7 for how applications are to be made.

Parties to arbitration (3) The parties to the arbitration are: (a) the person; and (b) the sporting body; and (c) the Sport Integrity Australia CEO; and (d) any other person or body: (i) that is permitted by the anti‑doping policy to participate in a hearing of a dispute of that kind; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the arbitration; and (e) if the application is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(f) as being permitted to participate in a hearing of a dispute of that kind; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the arbitration. Arbitration to be conducted in Anti‑Doping Division (4) The arbitration is to be conducted in the Anti‑Doping Division of the National Sports Tribunal.

Note: See Divisions 4, 8 and 9 for rules about the arbitration.