12. ADMINSTRATIVE PROCEDURES OF TRIBUNALS
12.1 Electronic Documents
In order to ensure the efficiency of disciplinary and conduct matters, all documents referred to in these Regulations shall be sent by email to the appropriate email address as listed in Schedule 2.
12.2 Responsibility of GHFA
Where a Tribunal is required to convene a hearing pursuant to sections 8 or 9, GHFA shall:
(a) set a date for the hearing;
(b) issue a Notice of Proceedings; and
(c) convene a Tribunal in accordance with these Regulations.
12.3 Submissions by a party
(a) For a GPT hearing, a party must provide to GHFA a copy of any written submissions, materials, documents or other evidence it intends to rely on in the hearing at the time of submitting a Notice of Response. For an Appeals Tribunal hearing, a party must provide to GHFA a copy of any written submissions, materials, documents or other evidence it intends to rely on in the hearing at the time of submitting a Notice of Appeal.
(c) All written submissions, materials, documents or other evidence supplied to GHFA will be provided to the other parties (including an Affected Party) involved in the hearing.
12.4 Affected Party
(a) For the purposes of these regulations, an Affected Party means:
- a member who may be affected by a determination of a Body or by the outcome of a mediation based upon the relief sought by the member who has submitted a Notice of Appeal or Grievance under these Regulations but subject to section 12.4(d); and
- GHFA, if the Board considers, in its absolute discretion, that the determination of a Body or the outcome of a mediation may affect the interests of football in the Gladesville-Hornsby region or it may bring the game into disrepute or damage the reputation or goodwill of the game.
(b) Despite anything to the contrary in section 12.4(a), the victim of an incident giving rise to disciplinary charges or proceedings is not an Affected Party for the purposes of these Regulations,
(c) A member submitting a Notice of Appeal or Grievance must state whether, in its opinion, any other Member may be an Affected Party.
(d) The Board, a Mediator and/or a Tribunal only may determine, in their absolute discretion, whether a Member is an Affected Party and must notify that Member accordingly.
(e) An Affected Party provided with notice under this section 12.4 may participate in the hearing and/or Mediation as an Affected Party and may make submissions and call evidence. An Affected Party is bound by any decision.
(f) If an Affected Party provided with notice under this section 12.4 elects to not participate in a hearing and/or Mediation, that Affected Party cannot subsequently initiate a Grievance or lodge an appeal under the Regulations in relation to the same subject matter.
12.5 Legal Representation
A party (including an Affected Party) shall have the right to be represented by a lawyer at a Tribunal hearing upon giving 48 hours notice in writing of such intention and on lodgement of $1,000 to offset possible costs to the Association. This is additional to the Appeal Fee.
(a) A party or witness who is under the age of eighteen (18) years at the date of the Tribunal hearing must be accompanied at the hearing by a parent or legal guardian.
(b) In the case where 12.6 (a) cannot be complied with, the Club's Member Protection Information Officer (MPIO) or the GHFA MPIO shall be required to attend in order to act in loco parentis for the Member or Witness.
(c) In the case of a Match Official, section 12.6(a) is taken to have been complied with if the Match Official is accompanied by a representative of Match Official's Referees Body.
(a) If any party or witness who has been properly notified of a hearing fails to attend a Tribunal hearing without showing sufficient cause for such failure, the hearing can proceed ex parte and the Tribunal can determine the matter in that party's absence, including as to Determination on the merits and/or sanction. An ex parte Determination of a Tribunal has the same force and effect as if it was made after a full hearing before that Tribunal.
(b) If any party or witness that fails to attend a Tribunal hearing without reasonable excuse or sufficient cause is a Member, that Member may, at the discretion of the Tribunal, be deemed to have committed Misconduct and shall be subject to sanction under section 8.2.
A party may apply in writing to a Tribunal at least two (2) business days before the start of any Tribunal hearing to have the hearing adjourned provided there are compelling circumstances which may warrant an adjournment, including avoiding significant costs, hardship or inconvenience to the party. Any decision to adjourn a hearing will be at the absolute discretion of the Tribunal.
12.9 General conduct of Tribunal hearings
(a) A Tribunal will not be bound by the rules of evidence usually applicable to proceedings in courts of law.
(b) A Tribunal may have regard to, but will not be bound by, its previous Determinations. The GPT will be bound by Determinations of the Appeals Tribunal
(c) All hearings must be conducted in accordance with the principles of natural justice.
(d) A Tribunal may conduct the hearing in any manner it sees fit provided that:
- the questioning of all parties is to be through the Chairperson of the tribunal;
- unless section 12.7 (Non-attendance) applies, an accused party must be present while a Tribunal receives any oral evidence against that accused.
- all parties are given a reasonable opportunity to be heard
- the hearing is conducted with as little formality and technicality and with as much expedition as proper consideration of the matters before it permits
(e) A Tribunal is empowered to:
i. take evidence. The admissibility and weight to be given to any evidence in a hearing shall be at the discretion of a Tribunal;
ii. require the attendance of any Member or Participant to give evidence;
iii. require the production of any document, information or other material in whatever form held by any Member;
iv. inform itself on any matter or thing in order to properly carry out its function in accordance with these Regulations.
(f) Prior to a hearing, the General Manager will provide to a Tribunal a copy of the Participant's disciplinary history. A Tribunal must take into account the Participant's disciplinary history in determining any appropriate sanction. A Tribunal must not refer to a Participant's disciplinary history until after it has made a determination in respect of guilt.
(g) Unless there are exceptional circumstances (to be determined by the Appeals Tribunal in its absolute discretion), in determining any appeal from a decision of the DC or the GPT, the Appeals Tribunal must not consider any evidence that was not before the body whose decision is being appealed.
(h) In exercising its discretion pursuant to 12.9 (f), the Appeals Tribunal shall give due consideration to the possibility that a miscarriage of justice may eventuate if such new evidence is not considered by the Appeals Tribunal.
(i) A Tribunal may, in the case where a Participant or Member has been found guilty of multiple offences, impose entirely cumulative or partly or wholly concurrent Suspensions. However, the overall suspension must not be less than the Minimum Suspension applicable to the most serious offence, but may be greater than the Maximum Suspension applicable to that offence.
(j) To the extent that a matter relating to the procedures of a Tribunal is not provided for by these Regulations, the Chairperson of a Tribunal may issue appropriate directions for the conduct of any matter or hearing.
12.10 Disclosure of Tribunal members
In the interests of ensuring independence, the Board shall not disclose the identity of those Tribunal members prior to a hearing to any party.
12.11 Challenge of jurisdiction or of a Tribunal member
(a) If a Member wishes to allege that a Tribunal does not have jurisdiction, it must raise this objection in its Notice of Response or Notice of Appeal. A Tribunal has the power to rule on any objection that it has no jurisdiction. In general, a Tribunal should determine any challenge concerning its jurisdiction as a preliminary question. However, a Tribunal may proceed with the hearing and rule on such an objection in its final Determination.
(b) A Tribunal member may be challenged if circumstances exist that give rise to justifiable doubts as to his or her impartiality or independence. Such a plea must be raised in oral submissions as a preliminary question at the hearing. The Tribunal has the power to rule on this objection and, if the challenge fails, reasons must be provided in the final Determination.
12.12 Onus of proof
A Body shall make Determinations on the balance of probabilities. The onus or proof of an assertion lies with the person making the assertion.
12.13 Contempt in the face of a Tribunal
(a) A person before a Tribunal must not:
i. insult a member of a Tribunal in relation to the exercise of the powers or functions of the Tribunal;
ii. repeatedly interrupt the proceedings of a Tribunal;
iii. create a disturbance or take part in creating or continuing a disturbance in or near a place where Tribunal is sitting;
iv. fail to comply in full with an order of the Tribunal; or
v. deliberately mislead a Tribunal; or
vi. do any other act or thing that would, if a Tribunal were a court of record, constitute a contempt of a Tribunal.
(b) If a Tribunal considers that a person has breached this section 12.13, then it may impose sanctions as it sees fit in accordance with these Regulations.
12.14 Tribunal may hear proceedings regardless of related criminal or disciplinary action
A Body may issue Suspensions or make a determination whether or not a Member:
(a) has been charged with, convicted of or sentenced for an offence arising out of the contravention;
(b) is the subject of a pending disciplinary proceedings relating to the contravention; or
(c) may be, or has been, subject to disciplinary action in relation to the contravention.
The parties to any proceedings brought under these Regulations, and their respective witnesses, agree not to institute or maintain any proceedings, or bring any claim against GHFA, a Body or member of a Body, in respect of any act or omission during the course of a hearing or arising out of any Determination or findings made.
12.16 Correction of a Determination
Within five (5) business days of receipt of a Determination, either party (including an Affected Party) to a hearing may submit to the General Manager a request to correct in the Determination any errors in computation, any clerical or typographical errors or any other error of a similar nature. The General Manager must forward the request forthwith to the chairperson of the Tribunal that made the Determination. If the Tribunal considers the request to be justified, it must make the correction and reissue the Determination to the parties.
12.17 Publication and Confidentiality
(a) All evidence and information provided in proceedings of a Tribunal must be treated in the strictest confidence. Parties and their representatives and witnesses must not use or disclose to any third party any confidential information obtained during the course of a hearing.
12.18 Legal advice
A Tribunal may, in its absolute discretion, seek legal advice prior to or during any hearing and as such is entitled to adjourn the hearing and/or prior to giving its Determination.
12.19 GHFA staff
GHFA staff shall not be required to provide evidence at a hearing (whether oral or written) unless GHFA is an Affected Party to a hearing and a Tribunal determines otherwise.