31Appealing determinations made in Anti‑Doping Division

31 Appealing determinations made in Anti‑Doping Division

Appeals Division recognised by anti‑doping policy (1) If: (a) the National Sports Tribunal makes a determination under section 27 in relation to the arbitration of a dispute as a result of an application under section 22; and (b) the anti‑doping policy concerned permits an appeal to the Appeals Division of the National Sports Tribunal from the determination; a party to the arbitration, or any other person or body permitted by the anti‑doping policy to make such an appeal, may appeal to the National Sports Tribunal from the determination. Appeals Division not recognised by anti‑doping policy (2) If: (a) the National Sports Tribunal makes a determination under section 27 in relation to the arbitration of a dispute as a result of an application under section 22; and (b) the anti‑doping policy concerned does not permit an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (c) the person who made the application, the sporting body and the Sport Integrity Australia CEO have agreed in writing that an appeal is able to be made to the Appeals Division of the National Sports Tribunal from the determination; a party to the arbitration, or any other person or body specified in that agreement as being able to make such an appeal, may appeal to the National Sports Tribunal from the determination. Application (3) An appeal under subsection (1) or (2) is to be made to the National Sports Tribunal by application.

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

Parties to appeal (4) The parties to the appeal are: (a) the parties to the arbitration; and (b) the applicant (where the applicant was not a party to the arbitration); and (c) if the appeal is under subsection (1)—any other person or body: (i) that is permitted by the anti‑doping policy to make an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal; and (d) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(c) as being able to make an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal. Appeal to be heard in Appeals Division (5) The appeal is to be heard in the Appeals Division of the National Sports Tribunal.

Note: See Subdivision C and Divisions 8 and 9 for rules about the appeal.