8Disputes that can be appealed to the National Sports Tribunal

8 Disputes that can be appealed to the National Sports Tribunal

(1) For the purposes of subparagraph 35(1)(c)(i) (Appeal – decisions made by sporting tribunals where Appeals Division recognised by constituent documents), an appeal to the Tribunal can be made in respect of any dispute that arises under one or more constituent documents of the sporting body.

(2) For the purposes of subparagraph 35(2)(c)(i) (Appeal – decisions made by sporting tribunals where Appeals Division not recognised by constituent documents), an appeal to the National Sports Tribunal 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.

(3) Despite subsections (1) and (2), an appeal cannot be made in respect of a dispute of a kind listed in subsection 9(1).

Note 1: Subsections 35(1) and 35(2) of the Act set out when an appeal can be made to the National Sports Tribunal from a decision of a sporting body.

Note 2: The CEO may approve other kinds of disputes: subparagraphs 35(1)(c)(ii) and 35(2)(c)(ii) of the Act.

Note 3: Subsection 35(6) of the Act prohibits 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.