National Sports Tribunal Act 2019
4Simplified outline of this Act
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4 Simplified outline of this Act
• This Act establishes the National Sports Tribunal. It has an Anti‑Doping Division, a General Division and an Appeals Division. It consists of members appointed by the Minister.
• The Anti‑Doping Division and the anti‑doping matters dealt with in the Appeals Division rely on the Commonwealth’s legislative power to give effect to the International Convention Against Doping in Sport.
• The General Division and the other matters dealt with in the Appeals Division only cover sporting disputes that the Commonwealth has constitutional power to regulate.
• In the Anti‑Doping Division, persons may apply to the Tribunal for arbitration of certain disputes relating to anti‑doping policies of sporting bodies.
• In the General Division, persons may apply to the Tribunal for arbitration of certain disputes if:
(a) those persons are bound by a constituent document covering a sporting body; and
(b) the document permits the dispute to be heard in the General Division or the persons who are in dispute agree to refer the dispute to the Tribunal.
• If an application for arbitration of a dispute is made, the Tribunal is to arbitrate the dispute and to make a written determination in relation to the dispute.
• In the General Division, persons may also apply to the Tribunal for mediation, conciliation or case appraisal of certain disputes if:
(a) those persons are bound by a constituent document covering a sporting body; and
(b) the persons who are in dispute agree to refer the dispute to the Tribunal.
• A party to an arbitration or certain other persons or bodies may appeal to the Appeals Division from a determination made in an arbitration conducted in the Anti‑Doping Division or General Division. In certain circumstances, a person may appeal to the Appeals Division from a sporting body’s decision or a sporting tribunal’s decision in relation to certain disputes.
• There is a Chief Executive Officer of the Tribunal. The CEO is to manage the administration and operation of the Tribunal.