Sports Tribunals Advice and Representation

Sports tribunals play a crucial role in upholding fairness, integrity and accountability in the sporting world. They operate at local, state and national levels in Australia, and address both minor and serious matters. Sports tribunals differ significantly from ordinary courts, but they do have some procedural similarities, particularly in their emphasis on impartiality and principles of natural justice. These quasi-judicial bodies are responsible for disciplinary issues, resolving disputes and investigating ethical breaches across multiple sporting codes. As such, a sports tribunal’s decision can have significant implications for the lives of athletes, coaches, organisations and officials. This article looks at the function and jurisdiction of sports tribunals in Australia.

State and local tribunals

State and local tribunals typically focus on community-level disputes and infractions. These bodies are intended to hold grassroots sports to the same principles of fairness and integrity as sport played at a national level. They act to maintain discipline and address misconduct in amateur competitions.

The National Sports Tribunal (NST) handles disputes and disciplinary matters at a national level. Established by the National Sports Tribunal Act 2019, the NST provides a centralised forum for resolving sporting disputes in line with international best practice. The NST offers three types of alternative dispute resolution:

1. Arbitration that provides a binding resolution for disputes according to the sport’s specific policies.
2. Mediation that facilitates negotiation between parties to reach voluntary agreements.
3. Appeal tribunals that conduct administrative reviews of disciplinary decisions made by sporting organisations.

One of the core functions of sports tribunals is the adjudication of disciplinary cases. These range from on-field incidents (e.g. unsportsmanlike behaviour) to off-field issues (e.g. ethical violations and breaches of anti-doping policies). In these cases, sports tribunals impose penalties such as fines, suspensions and bans to punish offenders and deter others from similar misconduct.

Parties in such cases can be represented at the tribunal by a lawyer or authorised representative. Given the gravity of the outcome to the athlete’s career, it is highly recommended to seek professional advice from a lawyer who specialises in sports and employment law. They can help you during the hearing and advise you on the type of evidence to prepare beforehand.

Sport-specific tribunals

Many sports, including football, cricket and rugby, have their own internal tribunals to tackle code-specific matters. These tribunals address a wide range of issues, from player misconduct to rule breaches during competitions. For instance, the AFL Tribunal has dealt with issues such as on-field violence, while the Cricket Australia Code of Conduct Commission has investigated breaches of ethical and behavioural standards.

In 2018, Australian cricket faced one of its most significant controversies when players were found guilty of tampering with the ball during a test match between Australia and South Africa. Cricket Australia’s tribunal imposed temporary bans on key players, including then-captain Steve Smith and David Warner. The sanctions were intended to both punish the offenders and send a clear message about the importance of adhering to ethical sporting guidelines. This case underscores the tribunal’s role in preserving the integrity of the sport.

Tribunals can also provide a structured forum to resolve serious disagreements between players, teams, governing bodies and sponsors. Common areas of contention include selection disagreements, contract disputes and governance issues. For example, the NST has played an integral role in resolving disputes that would otherwise have involved costly litigation.

Anti-doping

Sports tribunals play a vital role in the enforcement of anti-doping policies. The Australian Sports Anti-Doping Authority, which is now integrated into Sport Integrity Australia, works in conjunction with tribunals to ensure widespread compliance with the World Anti-Doping Code. Sports tribunals determine the sanctions for athletes who are found guilty of doping, ensuring that the judgments are fair and consistent across the sport. For instance, when swimmer Shayna Jack tested positive to banned substances in 2019, the Court of Arbitration for Sport reduced her suspension after finding that she did not intentionally consume the banned substance. This case demonstrated the balance that tribunals try to strike between enforcing anti-doping rules and ensuring that sanctions are fair given the specific circumstances.

Ethical and behavioural oversight

Sports tribunals also handle cases related to ethical breaches, such as match-fixing, harassment and corruption. Addressing these issues allows the tribunals to safeguard the reputation of sports and promote a culture of integrity within the sporting world.

Principles that govern sports tribunals

Sports tribunals are guided by principles of fairness and consistency, and follow the doctrines of:

• Procedural fairness: tribunals must provide parties with a fair hearing, including the right to be heard and to have an unbiased decision-maker.
• Proportionality: imposed sanctions must be proportionate to the seriousness of the offence.
• Transparency: the tribunals reasoning and decisions must be clearly articulated to ensure accountability.
• Independence: tribunals must operate beyond external pressures, and not be influenced by governing bodies and other stakeholders.

Sports tribunals in Australia address disputes, enforce sanctions and safeguard ethical standards in sports. The experienced solicitors at Go To Court can help if you need advice or representation at a sports tribunal. Please get in touch with our offices on 1300 636 846 for any legal assistance.