26Disputes between 2 or more persons

26 Disputes between 2 or more persons

(1) If: (a) a dispute arises between 2 or more persons bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (b) those persons agree in writing to refer the dispute to the General Division of the National Sports Tribunal; and (c) either: (i) the dispute is of a kind prescribed by the rules for the purposes of this subparagraph; or (ii) the dispute is approved by the CEO, in writing, as a dispute to which this section applies; the sporting body may apply to the National Sports Tribunal for mediation, conciliation or case appraisal of the dispute.

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

Participants in mediation, conciliation or case appraisal (2) The participants in the mediation, conciliation or case appraisal are: (a) the 2 or more persons; and (b) the sporting body. Mediation, conciliation or case appraisal to be conducted in General Division (3) The mediation, conciliation or case appraisal is to be conducted in the General Division of the National Sports Tribunal.

Note: See Divisions 5 and 9 for provisions about the mediation, conciliation or case appraisal.

Limit on CEO’s power (4) For the purposes of subparagraph (1)(c)(ii), the CEO must not approve a dispute of a kind prescribed by the rules for the purposes of this subsection. Approval not a legislative instrument (5) An approval under subparagraph (1)(c)(ii) is not a legislative instrument.