41CEO’s determination about practice and procedure of National Sports Tribunal in arbitration

41 CEO’s determination about practice and procedure of National Sports Tribunal in arbitration

(1) In the arbitration, the members of the Tribunal must comply with any determination made by the CEO under subsection (2). (2) The CEO may, by notifiable instrument, make a determination in relation to the practice and procedure of the Tribunal in conducting an arbitration of a dispute. (3) Without limiting subsection (2), a determination under that subsection may deal with one or more of the following: (a) the making of either or both of oral and written submissions; (b) requiring parties to provide further information; (c) the representation of parties; (d) the giving of notices under section 42; (e) the calling of witnesses to give evidence; (f) the taking of evidence on oath or affirmation and the administering of oaths or affirmations; (g) payments to witnesses (including for the preparation of reports by expert witnesses); (h) timing rules for doing things in the course of an arbitration; (i) the circumstances in which hearings are or are not to be held; (j) the conduct of hearings (including when hearings are to be conducted in private); (k) the identification, and protection, of confidential information provided to the Tribunal; (l) the giving of directions by members; (m) the circumstances in which the Tribunal may proceed in the absence of a party who has had reasonable notice of an arbitration; (n) the circumstances in which determinations of the Tribunal, and reasons for the determinations, are to be published or not published (including the circumstances in which information is to be de‑identified).

Note: Different matters may be determined for dealing with disputes in the Anti‑Doping Division, the General Division and the Appeals Division and for dealing with different kinds of disputes in those Divisions (see subsection 33(3A) of the Acts Interpretation Act 1901).

(4) Despite subsection 14(2) of the Legislation Act 2003, a determination under subsection (2) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.