32Appealing decisions made by sporting bodies

32 Appealing decisions made by sporting bodies

Appeals 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) a dispute arises in relation to the person; and (d) the sporting body makes a decision in relation to the dispute; and (e) the decision is of a kind that the World Anti‑Doping Code provides may be made without a hearing; and (f) the anti‑doping policy permits an appeal to the Appeals Division of the National Sports Tribunal from the decision; the person or Sport Integrity Australia CEO, 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 decision. Appeals 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 sporting body makes a decision in relation to the dispute; and (e) the decision is of a kind that the World Anti‑Doping Code provides may be made without a hearing; and (f) the decision is of a kind that the World Anti‑Doping Code permits an appeal from; and (g) the anti‑doping policy does not permit an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (h) the person, 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 decision; the person or Sport Integrity Australia CEO, 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 decision. 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 person referred to in paragraph (1)(b) or (2)(b); and (b) the sporting body; and (c) the Sport Integrity Australia CEO; and (d) the applicant (where the applicant is not covered by paragraph (a), (b) or (c)); and (e) 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 decision; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal; and (f) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(h) as being able to make an appeal to the Appeals Division of the National Sports Tribunal from the decision; 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.