G. & D. Regulations

9. APPEALS TRIBUNAL

9.1 Jurisdiction

The Appeals Tribunal will be responsible for hearing and determining appeals from:

i. The DC pursuant to section 7.5 but subject to section 9.2; and
ii. The GPT pursuant to sections 8.5 and 15.2 but subject to sections 9.2 and 9.4.

9.2 Standing to Appeal
Despite anything to the contrary contained in these regulations and for the avoidance of doubt, only parties set out in this section 9.2 (subject to section 9.3 (Grounds of Appeal) ) and GHFA have standing to appeal matters to the Appeals Tribunal:

  1. The Member Club of a Participant who suffers a penalty imposed by the DC or the GPT as a consequence of a disciplinary or misconduct matter disclosed in a Match Official Report, but only in respect of the charge(s) against that Participant
  2. The Claimant or Respondent in a Grievance matter
  3. If applicable, with respect to a disciplinary or Misconduct matter where a Match Official was the victim, the Referee Body of which that Match Official is a member, but only where the Board, in its absolute discretion, determines that it is in the interests of football for the appeal to be heard by the Appeals Tribunal.
  4. Any affected party.

9.3 Grounds of Appeal

The sole grounds of appeal to the Appeals Tribunal are:

(a) A party was not afforded a reasonable opportunity to present its case;

(b) Lack or excess of jurisdiction of a Body;

(c) The decision of the Body was affected by actual bias ;

(d) The decision was one that was not reasonably open to a Body having regard to the evidence before the Body;

(e) Severity, but only where a Body imposed one or more of the following sanctions:

i. a fixture suspension of six (6) or more fixtures; or
ii. a time suspension of three (3) months or more; or
iii. a fine of two thousand dollars ($2000) or more; or
iv. a bond to be of good behaviour of two thousand dollars ($2000) or more; or
v. a deduction, loss or ban accruing six (6) or more competition points; or
vi. exclusion, suspension or expulsion of a Club or Team from a competition; or
vii. relegation to a lower division; or

(f) Leniency, but only in the case of an appeal brought by GHFA or an appeal allowed by the Board pursuant to section 9.2 iii (appeal from a referee body)

9.4 Determination of the Appeals Tribunal

(a) An Appeals Tribunal Determination will be in accordance with the majority opinion of the Appeals Tribunal members

(b) The Appeals Tribunal has the powers to:

  1. dismiss, allow in whole or in part an appeal, or vary (whether by way of reduction or increase) a Determination, including any sanction or penalty made by a Body
  2. subject to any applicable Minimum Suspension, impose any sanction, measure or make any order it thinks fit or that a Body could have imposed under these regulations
  3. conduct a fresh hearing of the matter; or
  4. remit the matter to the Body that dealt with the matter at first instance for rehearing and issue any directions or orders in relation to the rehearing of the matter that the Appeals Tribunal deems appropriate.

(c) No Determination of the Disciplinary Committee or the General Purposes Tribunal will be quashed or held invalid by the Appeals Tribunal by reason only of any defect, irregularity, omission or other technicality, provided the Appeals Tribunal is satisfied there has not been a miscarriage of justice.

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

(e) The Appeals Tribunal will use its reasonable endeavours to issue a short oral or written summary of its Determination (Preliminary Determination) within five (5) working days of the completion of any hearing. The Appeals Tribunal will use its reasonable endeavours to issue a full written Determination, with reasons for decisions (Final Determination) within twenty-one (21) working days of the completion of any hearing.

(f) Where an appeal is upheld in whole or in part, the Appeals Tribunal shall, in its absolute discretion, determine what portion, if any, of the Appeal Fee is to be refunded to the appellant. In determining such portion, the AT shall have regard to the portion of the Appeal that was upheld and the portion that was not upheld.

9.5 Appeal from a General Purposes Tribunal in relation to a Grievance

(a) No appeal can be brought from the GPT determination in relation to a Grievance (section 8.3) except with leave of the Appeals Tribunal granted in accordance with this section 9.5.

(b) Any Notice of Appeal of a GPT decision in relation to a Grievance received by GHFA must be referred, within seven (7) working days of receipt, to the Chairperson of the AT (or if he or she is not available to the Vice Chairperson of the AT) for the determination as to whether leave should be granted for the Appeal to proceed.

(c) The Chairperson of the AT shall determine whether leave to appeal should be granted and the outcome of such determination will be communicated in writing to the party lodging the appeal within fourteen (14) working days of receipt of a Notice of Appeal referred under section 9.5(b),

(d) In determining whether leave to appeal should be granted, the Chairperson of the AT shall have regard to:

i. the grounds of appeal set out in the Notice of Appeal
ii. whether any obvious error on the part of the GPT has been identified;
iii. the prospects of success of the appeal; and
iv. the nature and significance of the Grievance and the subject of the decision being appealed;

(e) If the Chairperson of the AT decides that leave to appeal should not be granted, he/she may, in his/her absolute discretion recommend that all or part of the Appeal Fee should be refunded.

(f) If leave to appeal is granted, an appeal lodged pursuant to this section shall proceed and be determined in the same manner as all other appeals determined by the AT.

9.6 Abandoned Appeals
An appellant may abandon an appeal prior to any hearing by giving written notice to GHFA in which case the Application Fee may, in the Board's absolute discretion, be refunded.

 

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