AUSTRALIAN WEIGHTLIFTING FEDERATION LIMITED BY-LAW 1 APPEALS This By-law is made by the Australian Weightlifting Federation (AWF) Board under Clause 7.2 of the AWF Constitution. It is binding on AWF and all members of AWF. Approved by the AWF Board on 12 th June, 2014 Amended by the AWF Board on 5 th July 2017 12 June, 2014 Page 1
1. APPEALS BY-LAW This By-law is made by Australian Weightlifting Federation (AWF) pursuant to clause 7.2.1.3 of the Australian Weightlifting Federation Constitution. This By-law is to be read in accordance with the AWF Member Protection Policy (MPP) Attachment C5: Hearings & Appeals Tribunal Procedure, and Attachment D4: Tribunal Procedures. 2. DEFINITIONS AND INTERPRETATION In this By-law unless the context otherwise requires, the following terms and expressions shall have the following meanings: Appeals Chairperson Appeals Tribunal Board Complainant Complaints Manager Hearings Tribunal Member Member Protection Information Officer (MPIO) Respondent means the solicitor or barrister selected by the AWF CEO to review and determine whether there are sufficient grounds for an appeal to proceed. means the tribunal constituted pursuant to this By-law. means the Board of AWF as constituted from time to time. means the person making a complaint. means a person of authority (usually a State CEO or President) that is empowered to gather, collect and investigate evidence relating to the claim. means the tribunal constituted pursuant to this By-law. means a member for the time being under clause 5 of the AWF Constitution. means a person trained to be the first point of contact for a person reporting a complaint under, or a breach of the MPP. means the person who is being complained about. All other defined terms and expressions shall have the same meaning as in the AWF Constitution. In the event of any conflict, the definition in the AWF Constitution shall prevail. 12 June, 2014 Page 2
3. RIGHT OF APPEAL 3.1 Subject to clause 3.2, a Member or person who or which has received a penalty or an adverse finding from AWF or a State Member may, within 14 days from date of the final determination, appeal to the Hearings Tribunal. Appeals under this clause will be determined in accordance with this By-law. 3.2. A determination of a Disciplinary Committee, Hearing Tribunal or equivalent, of a State Member shall not be appealable to AWF pursuant to this By-Law unless the State Member has failed to comply with its own rules with a consequent denial of natural justice to a party or parties. 4. HEARINGS AND APPEALS TRIBUNAL PROCEDURE Convening a Tribunal 4.1 The AWF Board will appoint the members of the Tribunal. 4.2 A Hearings Tribunal shall be constituted of three (3) persons available to hear the appeal including: (i) a person with legal training and experience in dispute resolution or suitable experience in the process of determining disciplinary matters within a sport who will act as Chair of the Tribunal; and (ii) persons with an understanding of weightlifting and with suitable skills and knowledge of the AWF Disciplinary process to be a member of the Tribunal. 4.3 An Appeals Tribunal shall be constituted of three (3) persons available to hear the appeal which must include the following: (a) up to two persons with a suitable skills and knowledge of the AWF disciplinary process to be a member of the Tribunal; (b) a barrister or solicitor who will chair the Appeals Tribunal. No member of the Tribunal may be a party to or directly interested in the matter under consideration. 4.4 The Hearings & Appeals Tribunal Procedure as outlined in Attachment C5 of the MPP will be followed for the hearing of a complaint. This includes: 12 June, 2014 Page 3
(a) the Tribunal making its decision in private, on the balance of probabilities, (b) all Tribunal decisions will be made by majority vote, (c) Tribunal Chairperson will announce the decision, or may hand it down in written form, (d) within 72 hours the Tribunal Chairperson will: 1) forward to the AWF CEO a copy of the Tribunal decision including any disciplinary measures imposed, and 2) forward a letter to the respondent(s) reconfirming the Tribunal decision and any disciplinary measures imposed. This letter will outline, if allowed, the process and grounds for an appeal. (e) The Tribunal does not need to provide written reasons for its decision. 5. APPEALS PROCEDURE Grounds for an Appeal 5.1 A complainant or respondent may only appeal a decision of a Complaints Manager, the outcome of a mediation, or a Tribunal decision on the grounds that: (a) a denial of the rules of natural justice has occurred; or (b) the penalty or disciplinary measures imposed is unjust and/or unreasonable; or (c) the Complaints Manager, Mediator, or Tribunal has failed to properly comply with its obligations under this By-law; or (d) the decision was not supported by the information/evidence provided to the Complaints Manager/Mediator/Tribunal. Lodging an Appeal 5.2 A person who wishes to appeal a decision of the Complaints Manager/Mediator/Tribunal shall: (a) lodge with the AWF CEO or appointed officer a written Notice of Appeal which sets out the basis for their appeal including: 12 June, 2014 Page 4
1) ground(s) on which the appeal is made, and 2) reasons and/or circumstances supporting the alleged ground(s) of appeal; and (b) lodge an appeal fee of $500.00 in clear funds with the Notice of Appeal; and (c) lodge the written Notice of Appeal with the AWF CEO within 72 hours of the relevant decision. Withdrawing an Appeal 5.3 Nothing in this Policy prevents the withdrawal of an appeal at any time in writing to the AWF CEO or appointed officer. Forfeiting an Appeal 5.4 If the letter of appeal is not received by the AWF CEO or appointed officer within the time period as stated in clause 5.2, or if the appeal fee is not received, the right of appeal lapses. This fee may be refunded in the discretion of the Tribunal Chairperson at the conclusion of the appeal. Determining Sufficient Grounds for an Appeal 5.5 The Tribunal Chairperson will be given the letter of appeal and a copy of the Tribunal decision report and must convene a special meeting of the AWF Board to review the letter and decide whether there are sufficient grounds for the appeal to proceed. The AWF Board may invite any witnesses to the meeting that is believed to be required to make an informed decision. It will determine whether the: (a) appeal should be dismissed, because in its determination the matter is frivolous, has no merit, and/or the complainant or respondent has not shown sufficient grounds for an appeal; or (b) appeal warrants further review and determination in accordance with this By-law. Appeal Rejected 5.6 If the appellant has not shown sufficient grounds for appeal in accordance with clause 5.1, then the appeal will be rejected. The appellant will be notified in writing 12 June, 2014 Page 5
by the Tribunal Chairperson with reasons for its decision. The appeal fee will be forfeited. The decision to reject the appeal is final. Appeal Accepted 5.7 If the appeal is accepted and the matter is deemed to warrant further review under clause 5.5 (b), then the Tribunal Chairperson or AWF CEO will, within 72 hours serve a notice in writing on all relevant parties stating: (a) that the parties may address the Tribunal at a hearing to be held as soon as practicable but not being earlier than 4 days from the date of the notice. (b) the date, place and time of that appeals hearing; and (c) informing the parties that they may do any one or more of the following: (i) attend that meeting (either personally or by their representative who may not be legally trained or qualified) and bring such witnesses as they wish to rely upon in respect of the matter the subject of appeal; and/or (ii) give the Tribunal, no later than 48 hours before the time of that meeting, a further written statement setting out relevant information surrounding the appeal. Appeals Tribunal Procedure 5.8 An Appeals Tribunal with a new panel will be convened to hear the issue on appeal. The appeal fee will be refunded. The Tribunal Procedure shall be followed for the appeal. The Appeals Tribunal shall: (a) give to all relevant parties and their witnesses every opportunity to be heard; (b) give due consideration to any written statements received from any relevant party; (c) allow relevant parties to be present along with their adult representative; and may request or require such parties or other witness to attend the hearing or provide such evidence as is available to enable the Tribunal to properly consider the matter. Appeals Tribunal not a Rehearing 12 June, 2014 Page 6
5.9 The hearing by the Appeals Tribunal is not a rehearing of the matter, but a hearing of the issue under appeal only. Any dispute as to the application of this By-law shall be determined by the Appeals Tribunal in their complete discretion. Legal Representation 5.10 Persons appearing before the Tribunal are not entitled to legal representation before the Tribunal. Determination of Appeals Tribunal 5.11 Following consideration of all information which the Appeals Tribunal considers relevant and which is available, the Appeals Tribunal shall arrive at a finding. The Appeals Tribunal may: (a) confirm the penalty or adverse finding of the Complaints Manager/Mediator/Tribunal, or (b) may decide not to confirm such penalty but instead impose an alternate penalty available under the Constitution or MPP (with such incidental variations as are necessary or appropriate to give full effect to this By-law), or (c) may revoke the penalty or adverse finding of the Complaints Manager/Mediator/Tribunal. 5.12 A decision of the Appeals Tribunal may be by a majority decision. 5.13 The decision of the Appeals Tribunal is final and not subject to appeal. 5.14 The Appeals Tribunal shall notify all relevant parties, including AWF, of its decision as soon as practicable. 5.15 If the Appeals Tribunal revokes the penalty or adverse finding of the Complaints Manager/Mediator/Tribunal the appeal fee shall be refunded in full to the person appealing within 14 days of the determination by the Appeals Tribunal. 5.16 In all other appeals the Appeals Tribunal may in their complete discretion determine what, if any, portion of the appeal fee shall be refunded to the person appealing within 14 days of the decision of the Appeals Tribunal provided the Appeals Tribunal is satisfied that the appeal was not frivolous in which case the appeal fee will be forfeited in full. 12 June, 2014 Page 7
5.17 The Tribunal has no power to award costs. Each party will be responsible for their own costs of the appeal. 5.18 The parties must exercise the right of appeal under this By-law prior to commencing any proceedings or becoming a party to any proceedings in a court of law. 12 June, 2014 Page 8