VICTORIAN COUNTRY CRICKET LEAGUE INCORPORATED

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1 VICTORIAN COUNTRY CRICKET LEAGUE INCORPORATED Recommended Report/Hearing Process for Country Cricket Associations and Regions Incident or Alleged Offence 1 Report or Complaint by Independent Person Report by Authorised Official 2 (eg: Umpire) Investigation by Investigation Officer 3 Prima Facie Case? No Hearing by Independent Tribunal 4 Decision Appeal? 5 No Appeal by Complainant 6 (Optional requirement to have process in place) Appeal by Respondent 7 (Mandatory requirement to have process in place) Hearing by Independent Tribunal 4, 8 Decision

2 Notes: 1.Association/Region Rules/By-Laws should define what constitutes an offence; 2.Association/Region Rules/By-Laws should define a reporting process and should also define who Authorised Officials are; 3.Association/Region Rules/By/Laws should allow for the permanent or ad-hoc appointment of an Investigation Officer; 4.Both parties must be offered a fair hearing and given the opportunity to state their case in accordance with the principles of Natural Justice (see next page); 5.Association/Region Rules/By-Laws should discourage frivolous appeals; 6.Association/Region Rules/By-Laws may allow for an appeal by a Complainant, but this is not mandatory; 7.Association/Region Rules/By-Laws must allow for an appeal by an individual or incorporated body found guilty of an offence or in some way penalised. 8. A Tribunal hearing an appeal must be composed of members different from those serving on the initial hearing Tribunal.

3 The Principles of Natural Justice (also called Procedural Fairness): the respondent should receive notice of, and know the nature of the accusation made against him or her; the respondent should be give sufficient opportunity to prepare his or her case; the respondent should be given the opportunity to state his or her case; the body hearing the case should act in good faith and without bias. A respondent therefore is entitled to a full and fair notification of the charge and a reasonable opportunity to prepare and present a defence to an independent unbiased tribunal. Notes from the Honorary Solicitor: The Rights of an Incorporated Association or Club: For the purposes of the rights of a party, I do not believe there should be a distinction between a natural person and a legal person. Accordingly, an Incorporated Club or Association should enjoy the same rights to natural justice as an individual does. The Need for an Appeal Process: Where the primary hearing can be arranged to provide natural justice, it is not essential to provide a right of appeal but is certainly preferable. Often the appeal process has to investigate and determine whether or not the natural justice requirements have been followed in the first place. You can set up a process which allows for an opportunity to prepare and present a case, and for an independent tribunal to be appointed, however you cannot set up a system which would ensure that this happens. I am certain the existence of an appeal process will in itself protect Associations and individuals from the potential for Supreme Court litigation, and would help to ensure that each member of the tribunal would themselves act in an unbiased manner. Hence the need for an appeal process.

4 Independent Tribunals: Some Questions and Answers: Q1. Would we use retired cricketers as members of the Independent Tribunal, or would we get people not associated with our cricket association, say sportspersons from other sporting clubs? A. It can be cricket people, but they must not be linked to the association, or to any of the clubs within the association. (Principle of Natural Justice: The right to be heard by an unbiased tribunal ) Q2. Can our Executive meet with the Tribunal and verbally advise them of the report, or would we be better to advise them in a written report, so that there can be no suggestion of bias? A. A written report only, setting out the facts, not opinion. Q3. Can we suggest a sentence for the respondent, say: A. fine him; B. fine and suspend him; or C. fine his club. or do we let them do that themselves? A. Definitely no suggesting a penalty the Tribunal should work this out for themselves. Q4. If we were allowed to advise on the sentence, are we allowed to say how much of a fine and/or suspension? A. No, see above. Q5. Could a member of the Association be a witness, for example in a case in which it is alleged that the Association has been brought into disrepute? A. It is up to the Tribunal as to whom they call or allow as witnesses, and an Association/Region representative should not assume a right to attend as a witness. However, the Tribunal should call any witnesses that they think can provide relevant evidence. Advice is that Tribunals are not courts, and are not bound by the rules of evidence, but relevant evidence must not be arbitrarily discarded nor should irrelevant evidence be acted upon.

5 Q6. Who can the respondent have at the hearing - eg: advocate, anybody else? A. The Association/Region can have by-laws to cover this, otherwise it is up to the Tribunal to decide. The best course is to allow an advocate. Q7. Should both parties have witnesses there? A. See 5 above, but generally yes if the witness has relevant evidence. Q8. Is the Minute Secretary the only member of the Convening Authority allowed at the meeting? A. In the interests of an unbiased tribunal, yes. Even an observer can be construed to be exerting influence by his mere presence. The Minute Secretary must not take an active part in the proceedings. Q9. When the Tribunal is deciding the verdict should everyone including the Minute Secretary leave the room? A. The Minute Secretary should be permitted to remain while the decision is discussed, but everyone else is asked to leave. The Minute Secretary must record the outcome and convey it to the Convening Authority. Q10. Does the Chairman of the Tribunal ask the questions, or can anyone in the Tribunal do that? A. That s up to the Tribunal, but in general the Chairman would handle the formalities, and during the interviews all members would ask questions.