Federal Register of Legislation - Australian Government

Primary content

The instrument provides guidance for the Chief Executive Officer of the National Sports Tribunal to appoint Members to deal with a dispute before the National Sports Tribunal.
Administered by: Health
Registered 20 Mar 2020

National Sports Tribunal Act 2019—Principles for Allocating a Member to a Dispute

 

I, John Boultbee AM, Chief Executive Officer of the National Sports Tribunal, make the following instrument.

 

Dated 18 March 2020                                     

 

 

 

 

 

 

 

 

John Boultbee

 

Chief Executive Officer of the National Sports Tribunal

 

 

 

 

 

 

 

Part 1—Preliminary

1  Name

                   This instrument is the National Sports Tribunal Principles for Allocating a Member to a Dispute

2  Commencement

                   This instrument commences on 19 March 2020.

3  Authority

                   This instrument is made under subsection 52(4) of the National Sports Tribunal Act 2019.

4 Application of this instrument

                   This instrument applies to all disputes before the National Sports Tribunal.

5  Definitions

Note:          The following expressions used in this instrument are defined in the Act:

·      CEO;

·         dispute;

·         member.

                   In this instrument:

     Act means the National Sports Tribunal Act 2019.

Part 2 – Allocation of Members

6 Appointing a panel

(1)   The CEO will appoint a panel comprising one or more members to deal with a dispute before the Tribunal.

(2)   For applications for arbitration in the Anti-Doping Division and in the General Division, a panel will normally comprise one member, but may comprise 3 members, depending on the complexity of the dispute.

(3)   For disputes in the Appeals Division, a panel will normally comprise 3 members, but may comprise more members, depending on the complexity of the dispute.

(4)   For applications for mediation, conciliation or case appraisal, one member will be appointed to deal with the dispute.

(5)   Where the CEO appoints a panel of 3 or more members for an arbitration or an appeal, the CEO will nominate one of those members to be the presiding member.

(6)   Subject to (7), if a member becomes unavailable to deal with the dispute to which they have been appointed, the CEO is to appoint a replacement member.

(7)   If the member who has become unavailable was appointed as part of a panel of 3 or more members, the CEO may decide not to replace the member, having regard to the status of the dispute.

(8)   In appointing a member or members to a dispute and nominating a presiding member, the CEO will comply with the principles outlined below.

(9)   Before appointing a Tribunal member to deal with a dispute, the CEO may consult with the parties to the dispute in relation to the proposed appointment.

                Note:     In subsection (7), an example of a circumstance where the CEO might decide not to replace a member is where the application for arbitration of a dispute has been heard.  

7 Principles for allocating a member

(1)   The CEO is to have regard to the following matters when allocating members to a dispute:

(a)    the qualifications, experience and knowledge of the member, in relation to the:

(i)     type of application—arbitration or alternative dispute resolution,

(ii)   kind of dispute—anti-doping or other sports related dispute, and

(iii) nature of the dispute—whether complex, sensitive or high profile.

 

(b)   the efficient and effective management of the dispute—including a consideration of the costs and member’s location (for hearings conducted in person);

(c)    the rotational selection of members to support diversity and even distribution of disputes to members (which may be achieved by using a rotational system);

(d)   where appropriate, the allocation of at least one female member to a panel of more than one member; and

(e)    potential conflicts of interest of members.