Selection criteria appeals 

This appears as section 7 of Athletics Australia's complete By-Laws, which can be found here

1. SELECTION APPEALS TRIBUNAL

1.1 The Board may determine by resolution the right of appeal to any selection or nomination to a team or competition and the rules applicable to any such appeal (“the Selection Appeal Process”).  In such a case the Board will publish the Selection Appeal Process in the relevant Nomination or Selection Criteria and the Selection Appeal Process will solely and conclusively apply to any appeal or dispute to the exclusion of any other right that may otherwise exist but for this By-Law to appeal or commence proceedings in any Court or tribunal, including under the other provisions of these By-Laws.

1.2 Where any Nomination or Selection Criteria does not specify a Selection Appeals Process the Selection Appeals Process will be in accordance with the following provisions of this By-Law 7.

1.3 The Selection Appeals Tribunal will consist of:

(1) a person with a thorough knowledge of the sport and preferably has had recent international competition experience in the sport;

(2) another person of experience and skills suitable to the function of the Tribunal;

(3) a barrister or solicitor who will act as chairperson;

1.4 An athlete who is not nominated for or selected in a representative team or to participate in an athletic competition by a Selection Committee may request the Selection Committee to reconsider its decision by giving Notice in Writing to the Chairperson of the Selection Committee within 24 hours of the announcement of the nomination or selection (“request”).  In this request the Athlete must provide all the information the athlete considers relevant to the Selection Committee’s reconsideration of its decision.

1.5 Upon receiving a request under the preceding By-Law, the following procedure will apply:

(1) the Selection Committee will immediately provide a copy of the request to any athlete who may be directly and adversely affected by the reconsideration of its decision (“affected athlete”);

(2) an affected athlete provided with the request may within 24 hours of receipt provide written submissions relevant to the reconsideration by the Selection Committee of its decision.  The relevant Selection Committee will still reconsider its decision as required under the following paragraph of this By-Law if an affected Athlete does not provide written submissions within the prescribed time;

(3) as soon as practicable but no later than 72 hours after receiving a request, the Selection Committee will:

(a) reconsider its decision giving due consideration to the written information provided by the athlete making a request and any written submissions provided by any affected athlete;

(b) advise the Athlete(s) concerned of its decision in writing; and

(c) in the notice advising the athlete(s) of its decision the Selection Committee will also advise the athlete of his or her right to appeal the decision made by the Selection Committee to the Selection Appeals Tribunal.

The Selection Committee is not obliged to give reasons for its decision concerning the nomination or selection of an athlete or athletes.

(4) The Chief Executive Officer may in his or her absolute discretion extend the time within which an athlete may request reconsideration from the Selection Committee, provided any request for an extension is made before the relevant time is due to expire and the Chief Executive Officer is satisfied that there are compelling reasons to grant the extension.

1.6 Appeal to Selection Appeals Tribunal

(1) An athlete who is not nominated for or selected in a representative team or to participate in an athletic competition by a Selection Committee may appeal that decision to the Selection Appeals Tribunal if, and only if, the athlete has made a request pursuant to By-Law 7.4.

(2) An appeal to the Selection Appeals Tribunal will be according to the procedure set out below.

1.7 Grounds of Appeal

The sole grounds of any appeal are that:

(1) the Athlete's omission from the Team was as a result of a failure by The Selectors to properly apply the Selection Criteria set out in the Policy; or

(2) there were no grounds on which the selection decision could reasonably be based.

1.8 Notice of Appeal

(1) Any Athlete wishing to appeal to the Selection Appeals Tribunal must lodge a Notice of Appeal in writing set out at Form 2 to be received by the CEO of Athletics Australia (the CEO) by 5:00pm on the second clear working day following receipt of advice from the Selection Committee regarding the Athlete’s application for reconsideration (the reconsideration decision) as set out in clause 7.5(3)(b).  

The Notice of Appeal must set out the grounds upon which the appeal is made.

(2) After lodging the Notice of Appeal, the Appellant (the Athlete making the appeal) must send to the CEO a written document setting out all of the arguments and/or submissions that the Athlete wishes to be considered in support of his/her appeal together with an outline of all the evidence that will be relied upon in support of those arguments and/or submissions.  This document must be received by the CEO by 5:00pm on the fifth clear working day following receipt by the Athlete of the reconsideration decision.

(3) The document setting out all the arguments and submissions in support of the Athlete's appeal must be accompanied by an appeal fee of $500.  If the appeal fee is not filed at the same time, and received by the CEO as required the Athlete will be presumed to have withdrawn his/her appeal.

(4) Within three clear working days of receipt of the Notice of Appeal the Selectors may lodge a document with the CEO setting out the grounds on which the disputed decision was made.

(5) The Appellant can withdraw an appeal at any time.

(6) The time limits for lodging the Notice of Appeal, the written arguments and submissions and the appeal fee are mandatory, failure to comply with these time limits will, at the absolute discretion of the Athletics Australia Chief Executive Officer, result in the appeal being dismissed without consideration on the merits. The Chief Executive Officer may in his or her absolute discretion extend the time within which an athlete may appeal to the Selection Appeals Tribunal provided any request for an extension is made before the relevant time is due to expire and the Chief Executive Officer is satisfied that there are compelling circumstances to grant the extension.

1.9 Functions of the Tribunal

The Tribunal has no power of selection or re-selection.  The Tribunal may review the matter(s) set out in the appeal and may (as appropriate) refer the matter back to The Selectors for consideration.

1.10 The Tribunal Decision Final and Binding

The decision of the Tribunal will be binding on the parties and, subject only to any Appeal to CAS pursuant to By-Law 7.12, neither party may institute or maintain proceedings in any Court or Tribunal other than the Tribunal.

1.11 Hearing of the Appeal

(1) The Tribunal shall, as soon as practical after receiving the appeal documents, investigate and consider the matter and determine whether:

(a) the matter should be dismissed because, in the opinion of the Tribunal, there is no credible evidence, submission or argument upon which the Tribunal could be satisfied that a ground of the appeal can be made out; or    

(b) the appeal should be the subject of a hearing as set below.

(2) If the Tribunal determines the matter should be dismissed under By-Law 7.11(1)(a) above that decision is final and the appeal has failed.

If the Tribunal determines that the appeal should be dismissed without a hearing, the Appellant's appeal fee of $500 is forfeited to Athletics Australia as the costs of the appeal.  

If the Tribunal determines the matter warrants a hearing, the Tribunal will advise the Appellant and set the date for such a hearing as soon as practicable and necessary having regard to the timing of selection and the proximity of relevant events.  

(3) The Tribunal must conduct any appeal hearing as follows:

(a) it must observe the principles of natural justice;

(b) it is not bound by the rules of evidence and may inform itself as to any matter in such manner as it thinks fit;

(c) it will conduct its hearings with as little formality and technicality and with as much expedition as the proper consideration of the matter permits;

(d) hearings may occur in such manner as the Chairman decides, including telephone or video conferencing;

(e) the Appellant must establish one or more grounds of appeal to the reasonable satisfaction of the Tribunal with full regard to the importance and gravity of the issue;

(f) the parties to an appeal may be represented at a hearing by a barrister, solicitor or a legally trained person;

(4) Following consideration of all information that the Tribunal considers relevant the Tribunal shall arrive at a finding.  A decision of the Tribunal may be by a majority decision;

(a) the Tribunal shall notify the CEO of its findings as soon as practicable;

(b) if the Tribunal considers the ground(s) alleged by the Appellant to be made out, it shall recommend that The Selectors reconsider the relevant selection or nomination decision;

(c) where the Tribunal considers that a ground of appeal has been made out, it may stipulate that all or part of the appeal fee be refunded to the Appellant;

(d) The Selectors shall comply with any direction of the Tribunal to reconsider the relevant selection or nomination decision;

(e) any further nomination or selection decision of The Selectors under the direction of the Tribunal shall be final and binding, and no further appeal shall be available to the Appellant in respect of that selection.

1.12 Appeal from the Selection Appeals Tribunal

(1) Any Appeal from a decision of the Tribunal must be solely and exclusively resolved by CAS according to the Code of Sports-Related Arbitration and applying the law of Victoria.

(2) The decision of CAS will be final and binding on the parties and it is agreed that neither party will institute or maintain proceedings in any Court or Tribunal other than CAS.

(3) The sole grounds of any Appeal against the decision of the Tribunal are:

(a) there has been a breach of the rules of national justice by the Tribunal; or

(b) that the decision of the Tribunal is otherwise wrong in law.

(4) An Athlete wishing to Appeal to CAS against the decision of the Tribunal must give written notice of that fact to the CEO of Athletics Australia within 48 hours of the announcement of the decision against which the Appeal is made, and must then file his or her Statement of Appeal with CAS within 5 working days of that written notification.  Failure to observe these time limits will render any Appeal annullity provided that an Athlete may apply to the body that will hear the Appeal in question for an extension of time in which to commence an Appeal.  The body to hear the Appeal in question may grant such an extension of time only in extenuating circumstances outside the control of the Athlete concerned.

(5) All Appeals to CAS will be heard by a Panel constituted subject to Rule 50 of the Code of Sports-Related Arbitration.

(6) The power of the CAS Panel to review the facts and law pursuant to Rule 57 of the Code of Sports-Related Arbitration will be initially limited to determining whether the Appellant has made out one or more of the grounds of Appeal pursuant to By-Law 7.12(3).  If the CAS Panel determines in favour of the Appellant, the hearing will only then proceed to a hearing De Novo confined to a hearing as to whether one or more of the grounds of Appeal pursuant to By-Law 7.7 have been established.

(7) If CAS determines that the ground(s) alleged by the Appellant have been established then CAS shall refer the matter back to The Selectors for reconsideration as set out in By-Law 7.9.