G. & D. Regulations

8.1 GENERAL PURPOSES TRIBUNAL

8.1 Jurisdiction

(a) The General Purposes Tribunal has jurisdiction to hear and determine:

  1. charges of Misconduct and Disrepute (section 8.2);
  2. grievances between Members (section 8.3);
  3. any challenge to a Suspension decision of the DC which the General Manager determines should be referred to the GPT and which has been received within the time prescribed in 7.4;
  4. any matter referred to it by the General Manager pursuant to section 7.2 (a)
  5. any matter referred to it by the DC pursuant to 7.2 (f)
  6. offences disclosed in Match Official Reports (section 8.5); and
  7. any other matter the Board considers important to the interests of football in the Gladesville-Hornsby region. Such reference is to be at the absolute discretion of the Board.

8.2 Charges of Misconduct and Disrepute
(a) The Board may investigate any matter which in its opinion is relevant to whether or not a charge of Misconduct or Disrepute ought to be laid. Such investigation may be initiated on the basis of a report of a Member, a complaint by a Member or on the basis of any other evidence which in the opinion of Board is credible.

(b) Such investigation may be carried out by the Board as it sees fit and Members are required to cooperate fully with GHFA in the conduct of that investigation and must do so within the timeframe specified in any correspondence issued by GHFA. A Member agrees that any information provided to GHFA may be used as evidence in bringing a charge under this section 8.2 and may be provided to any party so charged.

(c) At any time, the Board may determine whether any charge of Misconduct or Disrepute is to be laid and in relation to such charge whether:

i. it is to be referred to the GPT; or
ii. it is to be dealt with in any other manner which the Board deems appropriate,

and such determination shall be at the absolute discretion of the Board.

(d) If the Board determines that a charge of Misconduct or Disrepute is appropriate, the General Manager will issue a Notice of Charge against the Member. The Notice of Charge will set out, amongst other things, details of the charge and, if necessary, the requirement for the Member to stand down (see section 13.1 (Interim Suspension Order)). A Member so charged must submit a Notice of Response to the General Manager by e-mail via the address listed in Schedule 2 by the date specified in the Notice of Charge.

(e) A Notice of Response (section 8.2) enables the Member or Participant to, amongst other things:

i. indicate whether the Member is pleading guilty or not guilty to the charge(s);
ii. indicate whether the Member accept the reports attached to the Notice of Charge;
iii. provide written statements or other such evidence as the Member wishes to rely on;
iv. provide written submissions; and
v. advise whether the Member will be represented by a lawyer and/or accompanied by a support person.

(f) A Member who pleads guilty in a Response may be eligible for leniency by a Tribunal in respect of a sanction.

(g) Unless there are exceptional circumstances (to be determined by the Board in its absolute discretion) if the General Manager does not receive a properly completed Notice of Response (section 8.2), together with any supporting evidence and written submissions upon which the member intends to rely, by the time specified in the Notice of Charge, then the Member will be deemed:

i. to have pleaded guilty to the charge(s)set out in the Notice of Charge;
ii. to have accepted the reports set out in the Notice of Charge; and
iii. to be in contempt of a Tribunal and may be sanctioned pursuant to section 12.13 (Contempt against a Tribunal).

8.3 Grievances
(a) A Grievance will only be accepted by the GPT if sections 8.3(c) to 8.3(d) have been satisfied.

(b) The Board may in its unfettered discretion decide not to refer to the GPT or to dismiss any Grievance which it determines is a Vexatious Claim.

(c) Before referring any Grievance to the Board, any Member making a Claim (Claimant) or a Complaint (Complainant) must write to any other Member involved in the subject matter of the Grievance (Respondent) with details of the Claim or Complaint (as the case may require) allowing the Respondent at least seven (7) business days to respond. The Respondent's reply must include reasons for any disagreement with the details of the Claim or Complaint (as the case may require).

(d) If a response is not received within seven (7) business days of the notice from the Claimant or Complainant referred to in section 8.3(c) or the Claim or Complaint is not otherwise resolved, the Claimant or Complainant may in writing refer the Grievance to the GPT in accordance with section 8.3(e).

(e) In the first instance, a Grievance will be dealt with by mediation pursuant to section 11 unless, in its absolute discretion, The Board believes that a Grievance should be referred to the GPT immediately.

8.4 Referral from the Disciplinary Committee
(a) Pursuant to section 7.2(f), the DC may, in its absolute discretion, refer any matter to the GPT if it considers the matter requires consideration by a Tribunal.

(b) If a referral is made by the DC, the General Manager will issue the Participant with a Notice of Charge within three (3) working days of the referral and the Participant is required to submit a Response to the email address listed in Schedule 4 by the date specified in the Notice of Charge.

8.5 Offences disclosed in Match Official Reports
(a) Unless the Board, in its absolute discretion, determines otherwise, the General Purposes Tribunal may determine Offences disclosed in Match Official Send-Off and/or Incident reports in accordance with this section 8.5.

(b) GHFA will, within a reasonable time following receipt of any Match Official Send-Off and/or Incident report referred to in section 8.5 (a), refer the report(s), the Participant's disciplinary history and any other material that GHFA determines, in its absolute discretion, is relevant to the matter to the General Purposes Tribunal.

(c) GHFA will convene a General Purposes Tribunal to hear the matter and will use its reasonable endeavours to ensure the matter is heard within seven (7) working days of receipt of such report.

(d) Where a participant, the subject of a Match Official Incident Report, is also the subject of a Match Official Send-Off Report arising out of the same Match, the General Purposes Tribunal will deal with both sets of matters in the same hearing and the Match Official Send-Off Report will not be referred to the Disciplinary Committee.

8.6 Decisions of the General Purposes Tribunal
(a) A General Purposes Tribunal Determination will be in accordance with the majority opinion of the General Purposes Tribunal members hearing the matter.

(b) The types of decision that a General Purposes Tribunal may issue are set out in Schedule 3: Table of Offences and may include (but are not limited to) a finding, reprimand, directive, suspension, ban, fine, bond or such other action as is reasonably determined by the General Purposes Tribunal.

(c) Any decision issued under this section 8.6 may be combined. However, the serving of a Time Suspension issued to a Participant must precede the serving of a Fixture Suspension issued to that Participant.

(d) Any failure to comply with a Determination of the General Purposes Tribunal is deemed to be contempt of a Tribunal and may be sanctioned pursuant to section 12.13 (Contempt against a Tribunal).

(e) Subject to 8.6 (f), The General Purposes Tribunal will use its reasonable endeavours to issue a short written summary of its determination (Preliminary Determination) within two (2) working days of the completion of any hearing.

(f) General Purposes Tribunal may, in its absolute discretion, issue a full written Determination, with reasons for decision (Final Determination) in place of a Preliminary Determination. In either case, the General Purposes Tribunal will issue a Final Determination if requested in writing by an Affected Party. Where a Final Determination is issued, the General Purposes Tribunal will use its reasonable endeavours to issue that Final Determination within fourteen (14) Working Days of the completion of the hearing.

(g) Unless otherwise specified in these Regulations or by the General Purposes Tribunal in a Determination, the imposition of a sanction has immediate effect.

(h) All Determinations of the General Purposes Tribunal remain in force unless and until reversed by the Appeals Tribunal.

8.7 Appealing a decision of the GPT
(a) The decision of the GPT in relation to charges of Misconduct and Disrepute (section 8.2), Grievances (section 8.3) subject to section 9.4, and referrals from the DC (section 7.2(f)) may be appealed to the Appeals Tribunal pursuant to section 9.

(b) A Member wishing to appeal a decision of the GPT to the AT must submit a Letter of Appeal of a GPT to GHFA within seven (7) working days of the decision of the GPT being sent to the club together with the relevant Application Fee (see Schedule 4). This Application Fee is not refundable except as may be determined under section 9.4(f) or 9.5 (e).

(c) Other than in exceptional circumstances, the time limits set out above are strict and only a Letter of Appeal that is received by GHFA before the expiry of the relevant time limits will be considered by the AT. The Board, in its absolute discretion, shall rule with respect to whether any given circumstance is exceptional in this context.

 

1000 characters left
Add files