35Appealing decisions made by sporting tribunals

35 Appealing decisions made by sporting tribunals

Appeals Division recognised by constituent documents (1) If: (a) a dispute arises between: (i) a person bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (ii) the sporting body; and (b) a sporting tribunal administered by the sporting body makes a decision in relation to the dispute; 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; and (d) one or more of the constituent documents permit an appeal to the Appeals Division of the National Sports Tribunal from the decision; the person or sporting body, or any other person or body permitted by one or more of the constituent documents to make such an appeal, may appeal to the National Sports Tribunal from the decision. Appeals Division not recognised by constituent documents (2) If: (a) a dispute arises between: (i) a person bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (ii) the sporting body; and (b) a sporting tribunal administered by the sporting body makes a decision in relation to the dispute; 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; and (d) none of the constituent documents permits an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (e) the person and the sporting body 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 sporting body, 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; and (b) the sporting body; and (c) the applicant (where the applicant is not covered by paragraph (a) or (b)); and (d) if the appeal is under subsection (1)—any other person or body: (i) that is permitted by one or more of the constituent documents 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 (e) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(e) 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.