7Disputes that can be dealt with by the National Sports Tribunal

7 Disputes that can be dealt with by the National Sports Tribunal

(1) For the purposes of subparagraphs 23(1)(c)(i) and 25(1)(c)(i) (Disputes between a person and a sporting body) and subparagraphs 24(1)(c)(i) and 26(1)(c)(i) (Disputes between 2 or more persons) of the Act, an application can be made in respect of any dispute that arises:

(a) under one or more of the constituent documents of the sporting body and in respect of which the constituent documents describe a dispute resolution mechanism; or

(b) under the terms of an agreement between a sporting body and a person bound by one or more constituent documents of the sporting body (whether the person is an individual or a constituent part of the sport that is a body corporate), and the sporting body and the person agree to refer the dispute to the Tribunal.

(2) Despite subsection (1), an application cannot be made in respect of a dispute of a kind listed in section 9.

Note 1: Sections 23 and 24 of the Act set out when an application for arbitration of a dispute may be made to the National Sports Tribunal. Sections 25 and 26 of the Act set out when an application may be made to the National Sports Tribunal for mediation, conciliation or case appraisal.

Note 2: The CEO may approve other kinds of disputes: subparagraphs 23(1)(c)(ii), 24(1)(c)(ii), 25(1)(c)(ii) and 26(1)(c)(ii) of the Act.

Note 3: Subsections 23(4), 24(4), 25(4) and 26(4) of the Act prohibit the CEO approving disputes of a kind prescribed by the rules: section 9 of this Rule prescribes the kinds of disputes that the CEO must not approve.