Minutes of the NWPL Annual Review meeting Held Sunday 14th June 2015 in Sydney, NSW 1. The meeting opened at 845am In attendance: Adelaide Jets – Alex Murphy Balmain Tigers – Kevin Prout (Delegate), Alex Goodbold (Observer) Brisbane Barracudas – Phil Howden Cronulla Sharks – Chris Brooks Drummoyne Devils – Michael Hahn Fremantle Mariners/Marlins – David Leary Hunter Hurricanes – Mick O’Brien KFC Breakers – Amanda Leeson-Smith Sydney University Lions Men – Greg Turner Sydney University Lions Women – Simon Lewis UNSW Wests – Ray Swinnerton UWA Torpedoes – Peter Hughes Victorian Seals – Mike DeFina WPA – Noel Harrod, NWPL Co-ordinator WPA - Chris Harrison, CEO WPA WPA – Amy Hetzel, Board Member WPA – Daniel Bartels, Board Member WPA - Thomas Whalan, Board Member WPNSWI – David Whittaker (Observer)
2. Minutes from the previous meeting were confirmed and accepted. 3. Business arising from the previous minutes was confirmed and accepted. 4. NWPL License Agreements Considerable discussion was held regarding the licenses. It was agreed that delegates who wished to contribute clauses to the document would do so prior to 30 Jun 2015 and that a further draft incorporating those clauses would be sent to the NWPL clubs be sent to the clubs asap after 30 June 15 for further comment with a final draft being completed by 30 July 15. 5. Rules of the NWPL Noel Harrod spoke about the lack communication with regards to the decisions of the NWPL Management Committee who vote for the rules of the competitions. Clearly during the last season players were not aware of some rules that had been unanimously agreed to by all clubs. Discussion was further held on the Draft Operations Manual and Annual Supplement and the process that was being followed in 2015 where the Operations Manual was being reviewed in conjunction with the license agreements. It was agreed that the supplement would be amalgamated into the one NWPL Operations Manual and it will be updated after each meeting where decisions are taken that make changes to the manual. Noel Harrod requested and it was agreed to that minutes of meetings would be publicly available and that decisions taken at meetings would be publicised on the WPA Web Site and throughout social media so the decision making process is completely transparent. Clubs were requested to circulate the minutes of the meeting to their players and members so the process was very clear and transparent with regards to decisions of the clubs. 6. Review of 2015 season 6.1 Financial Result Discussion was held on the 2015 expenses. Noel Harrod spoke at length about the ever rising costs of air travel which cannot be controlled like other budget items. Discussion was held with regards to alternate means of travel –
e.g. coach travel, self-drive etc. but was rejected. The general consensus was that we need to be smarter with air travel. The current deal with have with MP Travel is providing a rebate of 2.5% to WPA which is passed onto the NWPL. Noel Harrod recommended that the road trip component part of the draw be done well in advance so we can access the cheapest possible tickets 12 months form the date of flight. This was agreed to. Noel Harrod advised clubs they had been sent detailed spread sheets with regards to their travel during the season and that any disputes with the figures be advised in writing prior to cob Wednesday 17 June 2015 after which time the books will be closed and the final result advised. 6.2 Operations Manual review This item was discussed at agenda 5 and there were no further comments. 6.3 WPA Judiciary System review WPA advised that a new judiciary and appeals system is to be approved by the Board and that this will form the basis of the NWPL Judiciary system. Copies of the new policies are attached to the minutes as Attachment 1. 6.4 Penalty shootout/draw rules Noel Harrod presented a paper that was discussed at length. It was clarified that the rules used in 2015 were the same as the rules used in 2014 and that all clubs had agreed and were aware to those rules. It was further unanimously agreed to continue with the rules relating to penalty shoot outs and draws in 2015/16 as were used in 2015 and 2014 except for the following: The game is to cease when one team has an unassailable lead after equal shots have been taken. It is no longer required that all 5 shots be taken. Table points allocated will remain the same as in 2014 and 2015 – see agenda item 6.6. The paper detailing the approved rules forms part of these minutes as attachment 2. 6.5 Unfinished matches The issue of unfinished matches, including matches that could not be started, was discussed at length. The system proposed by Noel Harrod was amended to allow the delegate to be the person empowered to make the decision in each instance.
The paper detailing the rules forms part of these minutes as attachment 3. 6.6 Match Points Noel Harrod presented a paper that recommended retaining the same match points allocation as in 2014 and 2015. This was agreed unanimously by all clubs. The paper detailing the rules forms part of these minutes as attachment 4. 6.7 Finals Positions calculation Noel Harrod presented a paper that recommended a new system for 2015/16. This was agreed unanimously by all clubs. The paper detailing the rules forms part of these minutes as attachment 5. 6.8 Finals Venue and Structure Noel Harrod presented a paper that recommended maintaining the same finals format for 2015/16 that was used in 2015 except that the 5 th v 6th match be removed from the schedule. There was considerable discussion on the issue of 5th v 6th with majority of the clubs deciding to maintain the exact system used in 2015 for the 2015/16 series except that the 5th v 6th final should be allocated a time slot before the semi-finals where possible. 6.9 Air travel It was agreed that the following procedures will operate in the 2015/16 season. WPA/NWPL pays for the 13 cheapest tickets at reasonable times on the days of travel for all round games. WPA/NWPL pays for the 15 cheapest tickets at reasonable times on the days of travel for all the finals series. Clubs pay for all additional tickets and changes made to the original booking. WPA/NWPL will determine the cheapest air travel for all road trips for the coming season on 1st July 2015. The quote through MP Travel will be the basis for calculating the NWPL contribution to each clubs air travel Clubs will then open an account with MP Travel and be responsible for all extra costs, provision of names and any changes. It was agreed that when the draw is finalised Noel Harrod will ask each club to decide and advise what day they wish to travel and whether they wish to
adopt the above system of dealing directly with the travel agent or remain in the system used in the 2015 season. 6.10
Transfer of players
It was agreed to maintain the same transfer structure and rules as in 2014 and 2015 seasons 6.11
Fox Sports Pulse
The following will be used in the 2015/16 season: Each NWPL club will be issued with an on line passport which will be used for the NWPL Competition only. The passport will include all details for players, team staff, delegate contacts etc. Clubs will be required to keep their passport up to date with player lists and transfers. THE FSP competition system will be used for all scores, tables and player stats for the 2015/16 season only – no other historical data will be detailed in the FSP system. The FSP system allows the printing of scorecards and this facility will be available for home clubs to utilise. Noel Harrod to provide training for club officials as needed. 6.12
Referees and Delegates
Noel Harrod presented a paper for discussion on referees. The following was agreed: Coaches will sign off on every Delegate Feedback/Evaluation match form regardless if they have any comments they wish recorded. The Delegate is to approach the coach after every match to obtain feedback – this is compulsory. A neutral interstate referee will be used where possible for games involving teams from different states however this must be absorbed within the current budget. 6.13
NWPL Awards
Noel Harrod presented a paper recommending two new awards. Both awards were accepted by the clubs – the new awards are:
Women’s MVP of the Finals Series – The Pat Jones Medal. NWPL Champion Club – The Peter Kerr Trophy – The NWPL Champion Club will be the team with the most competition points in both the men’s and women’s competitions at the end of the regular season. 7. Player Points/Salary Cap A short discussion was held on this subject. No further action at this time. 8. Social Media A short discussion was held on this subject. A paper detailing the season’s statistics is being prepared by the Media unit and will be forwarded in the near future. 9. Live Streaming/TV/Pay TV Noel Harrod advised the audience figures for the NWPL finals were Men’s Grand Final 1,287 views & Women’s Grand Final 1,061 views. He also advised that a tender process will be undertaken by WPA over the next few months to secure a long term live streaming option. Discussion was held around the success of live streaming of the finals. The issue of live music at games, including those live streamed, was discussed. All clubs were alerted that they need to carefully investigate the licensing arrangements for the playing of music at their events. 10. Update on WPA Commercialisation/Sponsorship (presentation was held between agenda items 6.1 and 6.2) A presentation was made by Board Members, Daniel Bartels, Amy Hetzel and Thomas Whalan with regards to the Commercialisation Project being undertaken by WPA. 11. Member Protection Noel Harrod reported on the success of the member protection actions taken in regards to the NWPL Finals. He advised the same procedure will be used for the 2015/16 season. WPA is currently undertaking a project with the NSW Government that focuses on this issue. Further advice will be distributed as the project unfolds. 12. Concussion Rules Noel Harrod tabled a paper that detailed the new concussion guidelines.
13. 2015/16 Season 13.1 Draw Discussion was held over the draw and its structure. Noel Harrod spoke at length about issues raised by the Victorian Seals in regards to player welfare including the timing of matches and the order of scheduling of game on road trips. The clubs considered the issue and directed that the league protocols in place remain and that no changes be made to timing or scheduling of matches. Clubs were requested to provide feedback on the latest draw ASAP so a final draw can be completed before 30 June 2015. 13.2
Budget
Noel Harrod tabled a first draft budget for 2015/16. The corrected budget – VER 1.2 DATED 14 June 2015 - is attached to these minutes – an internal communication error resulted in an incorrect additional figure being included in the WPA Management Fee. Noel Harrod had incorrectly assumed an internal operational levy applied to the Events and Competitions portfolio when it does not and the budget/s have been adjusted accordingly. Noel Harrod cautioned all clubs to wait until the air travel costs are established in July 2015 before budgeting themselves on the participation fee as air travel – as discussed at length in agenda item 6.1 – is a rising cost that is very difficult to budget for in the current climate. 13.3 Finals Venue Mike DeFina, Victorian Seals, read from a letter submitted by the Victorian Seals regarding their bid to host the 2015/16 finals series. The letter is tabled at attachment 6. The clubs discussed the issue at length. Mike DeFina requested a 60 day extension to enable the Victorian Seals to come back to the clubs with a confirmation that all the conditions required by the NWPL are met. The conditions below and the extension were agree to by a majority of the clubs. Conditions: The pool to be used for the finals series will be MSAC. Sponsorship/funding by the Victorian Seals is guaranteed at a minimum level of $35,000 to assist in reducing the additional cost to the clubs of the NWPL in holding the event in Melbourne. The Victorian Seals to indicate what sort of
security will be provided for the funding – e.g. suitable bank guarantee, money deposited with WPA in advance as security etc. Agreement to identify sponsors for the event prior to contracting them and seeking approval from WPA to use such sponsors prior to any contract being formalised. Agreement to all points detailed in the finals spreadsheet previously completed. 14. Other business 14.1 The effect on the NWPL clubs talent pathway by the proposed wpal u/18 competition arrangements for 2016 – added by UWA Torpedoes. Discussion was held on this subject but no resolution was tabled. 15. Next Meeting was not decided and is to be organised by Noel Harrod after the licenses and the Victorian Seals documents are received. 16. The meeting closed at 630pm
Water Polo Australia Limited Disciplinary and Tribunal Rules Adopted by resolution of the Board of Water Polo Australia Limited on [INSERT DATE] in accordance with the requirements of clause 35 of the Constitution of Water Polo Australia Limited. 1
Definitions and Interpretation
Definitions The definitions which appear at clause 1 of the Constitution apply for the purposes of interpretation of these Disciplinary Rules where the same capitalised terms are used, except if the same word is also defined below (in which case the definition in this rule 1 takes precedence). Further, for the purposes of these Disciplinary Rules the following terms shall be ascribed the corresponding meanings: Appeals Tribunal Rules means the Appeals Tribunal Rules made by Water Polo Australia in accordance with the Constitution. Appeals Tribunal means the body constituted under the Appeals Tribunal Rules. Constitution means the constitution of Water Polo Australia adopted by special resolution on or about 25 October 2014 and as subsequently amended, modified or replaced from time to time. Disciplinary Rules means these “Disciplinary and Tribunal Rules�. Disciplinary Tribunal means the Disciplinary Tribunal Members from the Disciplinary Tribunal Panel Pool who are empanelled pursuant to rule 4 to constitute the Disciplinary Tribunal for any case. Disciplinary Tribunal Chairman means the person appointed to that role, in accordance with rule 4, for a hearing before a Disciplinary Tribunal. Disciplinary Tribunal Member means a person appointed to that role, pursuant to rule 4, for a hearing before a Disciplinary Tribunal. Disciplinary Tribunal Panel Pool means the pool of people, established in accordance with rule 4, from which the Disciplinary Tribunal Member may be selected to form a Disciplinary Panel to hear a mater in accordance with these Disciplinary Rules. President means the president of the Appeals Tribunal. Secretary means the secretary to the Disciplinary Tribunal.
WPA Counsel means the person appointed by the Board to appear at hearings of the Disciplinary Tribunal to:
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Water Polo Australia means Water Polo Australia Limited, ABN 86 159 573 403.
(a)
present evidence relied upon in support of proceedings brought against a Member or other person;
(b)
Test the Member’s case;
(c)
Address the Disciplinary Tribunal and make submissions; and
(d)
Perform such other functions which are necessary in the course of any proceedings before the Disciplinary Tribunal.
Interpretation The following rules shall apply in the interpretation of these Disciplinary Rules:
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(a)
Headings are for convenience only and do not affect interpretation.
(b)
Any reference to a gender includes a reference to all genders.
(c)
The singular includes the plural and vice versa.
(d)
Where a word or phrase is defined, its other grammatical forms have corresponding meanings.
(e)
A reference to a rule or sub-rule is to a rule or sub-rule, as the case may be, of these Disciplinary Rules unless stated to the contrary.
(f)
A mention of anything after “include”, “includes” or “including” does not limit what else might be included.
(g)
A reference to a “person” includes a corporation, incorporated association, trust, partnership, unincorporated association or other entity, whether or not it comprises a separate legal entity.
(h)
Nothing in these Disciplinary Rules shall prevent the hearing of two or more matters jointly where the Disciplinary Tribunal Chairman forms the view that it is necessary or desirable to do so in the interests of fairness and the due dispatch of the Disciplinary Tribunal’s functions.
Application of Disciplinary Rules and Jurisdiction of the Disciplinary Tribunal
The objective of Water Polo Australia, in adopting these Disciplinary Rules, is to establish the Disciplinary Tribunal and vest it with jurisdiction to consider and determine matters brought before it under the various rules, regulations, by-laws, codes of conduct and policies of Water Polo Australia.
any alleged breach or other contravention of any of the rules, regulations, bylaws, code of conduct and policies of Water Polo Australia to which these Disciplinary Rules are stated to apply; and
(b)
any other rules, regulations, by-laws or policies nominated by Water Polo Australia.
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These Disciplinary Rules shall govern, any matter before the Disciplinary Tribunal involving a Member or other person subject to the jurisdiction of Water Polo Australia, concerning:
The Board shall have the absolute discretion to change and / or amend these Disciplinary Rules for the purpose of ensuring fair, impartial and efficient conduct of the business of the Disciplinary Panel. Further, in the application of these Disciplinary Rules in respect of any particular matter, the President shall have the absolute discretion to make orders and issue directions as to the conduct of proceedings (including making orders and issuing directions which vary timeframes and other procedural matters provided for in these Disciplinary Rules) for the purpose of ensuring fair, impartial and efficient conduct of the business of the Disciplinary Panel
(a)
The Board shall appoint the WPA Counsel.
(b)
The WPA Counsel shall be a person who is a Barrister or Solicitor of the Supreme Court of one or more of the States or Territories of Australia.
(c)
The WPA Counsel shall at all times, in the discharge of his functions and responsibilities: (1)
Act independently, impartially and fairly; and
(2)
Be aware of, and proceed with, due respect to preserve the independence of the decision-making body before whom he is appearing.
The Disciplinary Tribunal Panel Pool and the Disciplinary Tribunal (a)
The Board shall, at its discretion, nominate a pool of not less than six (6) people, who shall for the purposes of these Disciplinary Rules comprise the Disciplinary Tribunal Panel Pool. Further, the following provisions shall apply: (1)
At all times a minimum of two (2) members of the Disciplinary Tribunal Panel Pool shall be legal practitioners who hold a current practising certificate issued by either the Law Society or Bar Association of a State or Territory of Australia.
(2)
For each hearing before the Disciplinary Tribunal, the Disciplinary Tribunal shall consist of three (3) members of the Disciplinary Tribunal Panel Pool, who are selected by the Secretary having regard to the circumstances of the particular case, including any conflicts of interest reasonably apparent to the Secretary. The Disciplinary Tribunal Panel Pool selected by the Secretary to sit on a Disciplinary Panel must include at least one (1) of the people qualified under rule 4(a)(1).
(3)
A Disciplinary Tribunal member, who is qualified under rule 4(a)(1), shall act as the Disciplinary Tribunal Chairman for that hearing.
The Disciplinary Tribunal Chairman (b)
In every case, it shall be the Disciplinary Tribunal Chairman’s task to decide every question of law, evidence and procedure.
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WPA Counsel
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(c)
The Disciplinary Tribunal Chairman shall in his absolute discretion give such instructions or directions as he thinks fit to the Disciplinary Tribunal as to matters of law, evidence and procedure.
(d)
The Disciplinary Tribunal Chairman may give whatever directions and make all such orders, as he in his absolute discretion deems fit, for the conduct, expedition and resolution of matters heard by the Disciplinary Tribunal.
Role of Disciplinary Tribunal Members (e)
In every matter before the Disciplinary Tribunal, it is the task of the Disciplinary Tribunal, comprising the Disciplinary Tribunal Members (including the Disciplinary Tribunal Chairman) to decide every question of fact.
(f)
Rule 15 sets out the procedure to be followed by the Disciplinary Tribunal in deliberating and reaching a verdict in all matters before the Disciplinary Tribunal.
Secretary (g)
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The Board shall appoint the Secretary, whose role it shall be to perform all procedural and administrative tasks so as to ensure the fair, impartial and efficient conduct of the business of the Disciplinary Tribunal
Hearings before the Disciplinary Tribunal
Unless matters of urgency or fairness otherwise require in particular circumstances, hearings before the Disciplinary Tribunal shall take place no sooner than five (5) days after notice is given by the Secretary to the relevant parties, in accordance with these Disciplinary Rules. For every matter to be heard before the Disciplinary Tribunal, the Secretary shall: Empanel the Disciplinary Tribunal, by selecting three (3) Disciplinary Tribunal Panel Pool members (in accordance with rule 4) to comprise that Disciplinary Tribunal;
(b)
Notify the WPA Counsel of the details of the Disciplinary Tribunal hearing and provide him with copies of all relevant documents (such documents which are to be determined in accordance with rule 6);
(c)
Notify the Member or other person of the details of the Disciplinary Tribunal hearing and provide the Member or other person with copies of all relevant documents (such documents which are to be determined in accordance with rule 6) ;
(d)
Provide to the WPA Counsel and the Member, or other person, the Secretary’s contact details, including the Secretary’s telephone number, facsimile number and email address for service; and
(e)
Take whatever other steps which are necessary in the circumstances.
Documents
For the purposes of rules 5(b) and 5(c), the documents which must be provided to the parties and the Member shall include:
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(a)
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(a)
A notice of charge which specifies the charge(s) laid against the Member or other person; and which sets out the details as to the date, time and place of the Disciplinary Tribunal hearing, as well as the names of the Disciplinary Tribunal Members comprising the Disciplinary Tribunal;
(b)
A statement of all facts, matters and particulars of the charge(s).
(c)
Copies of the relevant rules, regulations, codes, by-laws and / or policies under with the notice of charge is issued;
(d)
Copies of all incident reports, witness statements and notices relating to the hearing;
(e)
Copies of all evidence which is relied on by Water Polo Australia or the WPA Counsel to support the charge;
(f)
The disciplinary history of the Member or other person (if any); and
(g)
Any expert evidence which has been obtained which is relevant to the charge.
Challenges to Jurisdiction
Where in any proceedings before the Disciplinary Tribunal any party to the proceedings intends to challenge: (a)
The jurisdiction of the Disciplinary Tribunal to deal with the Member and / or the charge;
(b)
The composition of the Disciplinary Tribunal; and / or
(c)
Any other matter which might reasonably take the Disciplinary Tribunal by surprise;
That party, or his representative, shall provide written notice of that challenge, including the particulars of the challenge and the grounds on which it is made, and forward those documents to the Secretary no later than 9.00am on the day of hearing. Upon receipt of such a notice the Secretary shall forthwith forward a copy of it to the WPA Counsel. The Disciplinary Tribunal shall consider and make a determination on any such notice of challenge at the commencement of any proceedings before the Disciplinary Tribunal and before the Disciplinary Tribunal commences hearing the substantive case. In the event of a successful challenge of a Disciplinary Panel Member, a replacement shall be appointed by the Secretary from the Disciplinary Tribunal Panel Pool, or (in the case of no available replacements) by the Board appointing additional members of the Disciplinary Tribunal Panel Pool.
Subject to the leave of the Disciplinary Tribunal Chairman having first been obtained, a party appearing before the Disciplinary Tribunal may be represented by a barrister, solicitor, agent or other representative on such terms, if any, as the Disciplinary Tribunal Chairman in his absolute discretion thinks fit.
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Representation
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Attendance at Hearings (a)
A Member or other person served with a notice of charge and given notice of the hearing in accordance with rules 5 and 6 shall attend the Disciplinary Tribunal hearing at the time and place specified.
(b)
If a party is unable to attend a hearing in person, he must inform the Secretary of this fact no later than 48 hours prior to the scheduled commencement time of the hearing. If the party so advises of its / his inability to attend the hearing in person, in accordance with this rule 9(b), the Secretary shall make appropriate arrangements so that the party is able to participate in the hearing by alternate means, such as video conference or teleconference.
(c)
If a Member or other person properly issued with a notice of charge and notice of the relevant hearing, in accordance with rules 5 and 6, fails to attend at the time specified in the notice of hearing, the Disciplinary Tribunal may proceed to hear and determine the charge and penalty in the absence of the person.
Decision Final
Any decision of the Disciplinary Tribunal in respect of any charge brought before it in accordance with these Disciplinary Rules, including decisions given under rule 15, shall be final, binding and conclusive subject to: any conflicting provision of the Constitution or the rules, regulations, by-laws, code of conduct and policies of Water Polo Australia; or
(b)
Leave to appeal the decision of the Disciplinary Tribunal being granted by the President in accordance with the relevant provisions of the Appeals Tribunal Rules.
(a)
In every case the WPA Counsel bears the onus of proof on the balance of probabilities.
(b)
At the commencement of every case, the Disciplinary Tribunal Chairman shall ask that the Member or other person informs the Disciplinary Tribunal whether the Member pleads guilty to the charge(s) laid, or whether the Member pleads not guilty to the charge(s). Thereafter: (A)
In respect of a charge(s) in which the Member pleads guilty, the Disciplinary Tribunal shall proceed to a sanctioning hearing under rule 16 and in accordance with the requirements of natural justice.
(B)
In respect of a charge(s) in which the Member pleads not guilty, the Disciplinary Tribunal hearing shall proceed as set out in rules 12 to 15 (both inclusive).
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Pleas and Onus of Proof
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(a)
12
Evidence
Proceedings before the Disciplinary Tribunal shall be conducted in accordance with the orders and determinations of the Disciplinary Tribunal Chairman, subject to the following requirements set out below in rules 12 to 15 (both inclusive): (a)
Proceedings before the Disciplinary Tribunal are not bound by the rules of evidence usually applicable to proceedings before courts of law.
(b)
Without otherwise limiting the interpretation of rule 12, the Disciplinary Tribunal Chairman shall be entitled to disallow the appearance of any witness or the tender of any evidence on the grounds of irrelevance or on other valid grounds.
(c)
Evidence of a Member’s or other person’s disciplinary history (if any) shall not be admissible as evidence on the issue of guilt.
(d)
Subject to any ruling by the Disciplinary Tribunal Chairman, a party may present the evidence of a witness by that witness giving evidence:
(e)
In person at the hearing;
(2)
Via teleconference;
(3)
Via video conference; or
(4)
In the form of a written statement verified by statutory declaration, provided that if evidence is given in this form it will not be admitted into evidence if another party reasonably objects, and where that objecting party does not have the opportunity to cross-examine that witness on material facts relevant to the proceedings.
Any documents or things admitted into evidence shall be consecutively marked as exhibits, which exhibits at the conclusion of the hearing shall be retained for safe keeping.
Procedure The WPA Counsel’s Case Subject to any other orders and after the Disciplinary Tribunal Chairman outlines briefly to the parties the procedure of the hearing to be conducted, the WPA Counsel shall present his case in the following sequence: (1)
Tendering any documentary evidence;
(2)
Tendering any expert reports; and
(3)
Calling each witness whereupon that witness: (A)
Shall be examined in chief by the WPA Counsel;
(B)
May be cross-examined by the Member (or other person) or his representative;
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(a)
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(1)
(C) (D) (4)
May be questioned by the Disciplinary Tribunal Chairman and, with leave, by any Disciplinary Tribunal Member; May, with leave granted by the Disciplinary Tribunal Chairman be re-examined by the WPA Counsel.
Thereafter the WPA Counsel shall close his case.
The Member’s (or other person’s) Case (b)
After the close of the WPA Counsel’s case the Disciplinary Tribunal Chairman shall call upon the Member or his representative to advise whether he wishes to give or call evidence in his defence. If he does wish to present evidence that evidence shall be given in the following sequence by: (1) Tendering any documentary evidence; (2)
Tendering any expert reports;
(3)
Calling each witness whereupon that witness:
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(A)
Shall be examined in chief by the party or his representative;
(B)
May be cross-examined by the WPA Counsel;
(C)
May be questioned by the Disciplinary Tribunal Chairman and, with leave, by any Disciplinary Tribunal Member
(D)
May, with leave granted by the Disciplinary Tribunal Chairman, be re-examined by the party or his representative.
Thereafter the party or his representative shall close his case.
Closing Addresses
At the conclusion of the Member’s or other person’s case:
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The WPA Counsel may make a closing address; followed by
(b)
A closing address made by the Member (or other person) or his representative.
Deliberations and Verdict (a)
A verdict of the Disciplinary Tribunal must at least be a verdict of the majority of the Disciplinary Tribunal.
(b)
Unless ordered otherwise by the Disciplinary Tribunal Chairman, reasons for a decision may (however need not be) given.
(c)
If the Member or other person is found not guilty of the charge(s) the proceedings are thereby concluded.
Sanction
If the Disciplinary Tribunal finds the Member or other person guilty of the charge then:
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(a)
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(a)
Sanctions shall be imposed on the party by the Disciplinary Tribunal in accordance with the relevant provisions of the Constitution and / or the rules, regulations, by-laws, code of conduct and policies under which the proceedings are brought.
(b)
The Disciplinary Tribunal must proceed to impose sanctions under rule 16(a) in accordance with the requirements of natural justice, including as to affording the Member a hearing on the question of any sanction.
Appeal
The rights of a Member to appeal against a decision of the Disciplinary Tribunal, and the procedure to be followed in respect of such an appeal, is set out in the Appeals Tribunal Rules. 18
Costs
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Unless otherwise ordered, each party in any proceedings before the Disciplinary Tribunal shall be responsible for his own legal costs and the costs of witnesses, experts and interpreters relied on by that party.
Water Polo Australia Limited Appeals Tribunal Rules Adopted by resolution of the Board of Water Polo Australia Limited on [INSERT DATE] in accordance with the requirements of clause 35 of the Constitution of Water Polo Australia Limited. 1
Definitions and Interpretation
Definitions The definitions which appear at clause 1 of the Constitution apply for the purposes of interpretation of these Appeals Tribunal Rules where the same capitalised terms are used. Further, for the purposes of these Appeals Tribunal Rules the following terms shall be ascribed the corresponding meanings: Appeal means an appeal to the Appeals Tribunal by a Member or other person entitled to make such an appeal under the rules, regulations by-laws, codes of conduct and policies of Water Polo Australia. Appeal Folder means the documents specified in rule 12(c)(4). Appeals Tribunal means the panel constituted under rule 5. Appeals Tribunal Member means a person appointed to the role pursuant to rule 5. Appeal Tribunal Rules means these “Appeals Tribunal Rules”. Appellant means a Party who commences an Appeal to the Appeals Tribunal. Appellant’s Material includes: (a)
All documents (in whatever format) and other evidence on which the Appellant intends to rely at the hearing of an Appeal;
(b)
A written outline of the oral evidence to be adduced by the Appellant from any witness who the Appellant intends to call during the hearing of an Appeal; and
(b)
A written outline of the contentions and arguments that the Appellant proposes to advance at the hearing of an Appeal.
Constitution means the constitution of Water Polo Australia adopted by special resolution on or about 25 October 2014 and subsequently amended, modified or replaced from time to time. Disciplinary Rules means the Disciplinary and Tribunal Rules made by Water Polo Australia in accordance with the Constitution.
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Disciplinary Tribunal Panel Pool has the same meaning as in the Disciplinary Rules.
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Disciplinary Tribunal means the body constituted under the Disciplinary Rules.
Notice of Appeal means a notice completed as required by these rules, in the form set out in Schedule 1. Notice of Appeal Hearing means a notice completed as required by these rules, in the form set out in Schedule 4. Notice of Challenge means a notice completed as required by these rules, in the form set out in Schedule 3. Notice of Withdrawal of Appeal means a notice completed as required by these rules, in the form set out in Schedule 2. Party means the Appellant or a Respondent or another person that seeks leave to bring an appeal. Water Polo Australia may be a Party. President means the president of the Appeals Tribunal, appointed in accordance with the Appeals Tribunal Rules. Respondent means the respondent to an Appeal, as identified in the Notice of Appeal or otherwise. Respondent’s Material means: (a)
All documents (in whatever format) and other evidence on which the Respondent intends to rely at the hearing of an Appeal;
(b)
A written outline of the oral evidence to be adduced by the Respondent from any witness who the Respondent intends to call during the hearing of an Appeal; and
(c)
A written outline of the contentions and arguments that the Respondent proposes to advance at the hearing of an Appeal.
Secretary means the secretary to the Appeals Tribunal. Water Polo Australia means Water Polo Australia Limited, ABN 86 159 573 403. WPA Counsel means the person who may be appointed by Water Polo Australia to appear at hearings of the Appeals Tribunal to: (a)
Present evidence relied upon in Appeal proceedings by Water Polo Australia;
(b)
Test the other Party’s case;
(c)
Address the Appeals Tribunal and make submissions; and
(d)
Perform such other functions which are necessary in the course of an Appeal.
Interpretation
Headings are for convenience only and do not affect interpretation.
(b)
Any reference to a gender includes a reference to all genders.
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The following rules shall apply in the interpretation of these Appeals Tribunal Rules:
The singular includes the plural and vice versa.
(d)
Where a word or phrase is defined, its other grammatical forms have corresponding meanings.
(e)
A reference to a rule or sub-rule is to a rule or sub-rule, as the case may be, of these Appeals Tribunal Rules unless stated to the contrary.
(f)
A reference to a schedule, annexure or appendix is a reference to a schedule, annexure or appendix of these Appeals Tribunal Rules unless stated to the contrary.
(g)
A mention of anything after “include”, “includes” or “including” does not limit what else might be included.
(h)
A reference to a “person” includes a corporation, incorporated association, trust, partnership, unincorporated association or other entity, whether or not it comprises a separate legal entity.
(i)
Nothing in these Appeals Tribunal Rules shall prevent the hearing of two or more matters jointly where the President forms the view that it is necessary or desirable to do so in the interests of fairness and the due dispatch of the Appeals Tribunal’s functions
Jurisdiction Subject to the strict compliance with the requirements of this rule 2, the Appeals Tribunal the following jurisdiction and powers: (1)
To hear and determine appeals against decisions of the Disciplinary Tribunal.
(2)
To hear and determine appeals against a decision or determination made pursuant to any rule, regulation, by-law or policy of Water Polo Australia where the relevant rules, regulations, by-laws and / or policies contain terms which provide that appeals against those decisions or determinations can be made to the Appeals Tribunal.
(3)
To hear and determine water polo-related disputes which are referred to the Appeals Tribunal by agreement between the parties to the dispute.
(b)
The sole function of the Appeals Tribunal is to hear and determine such matters that are referred to in rule 2(a).
(c)
The Board shall have the absolute discretion to change and / or amend these Appeal Tribunal Rules for the purposes of ensuring the fair, impartial and efficient conduct of the business of the Appeals Tribunal.
(d)
A Party wishing to appeal against a decision of the Disciplinary Tribunal, in accordance with the Appeals Tribunal’s jurisdiction provided for in rule 2(a)(1), may appeal against the decision of the Disciplinary Tribunal by filing a Notice of Appeal with the Secretary before 5.00pm on the day which is seven (7) days after the Disciplinary Tribunal publishes its decision. Appeals to the Appeals Tribunal
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(a)
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(c)
arising from decisions of the Disciplinary Tribunal are only able to be made on one or more of the following grounds: (1)
With respect to the issue of guilt: (i)
That there was an error of law or a denial of natural justice; or
(ii) That the decision was unreasonable or insupportable having regard to the evidence presented to the Disciplinary Tribunal in the hearing; or
(e)
Any person or entity who wishes to appeal to the Appeals Tribunal against, or in respect of, a decision of the Disciplinary Tribunal must first obtain leave to do so from the President.
(f)
The President shall not grant leave for a Party to appeal against, or in respect of, a decision of the Disciplinary Tribunal unless he first forms the view in his absolute discretion, based upon the grounds stated in a Notice of Appeal, that the Party has good prospects of success at the hearing of that appeal.
(g)
The WPA Counsel has a right to be heard by the President on any application for leave to appeal made by a Party pursuant to rule 2(a)(1) before the President grants a Party leave to appeal. Further to any other provisions of these Appeals Tribunal Rules, the Secretary shall notify the WPA Counsel in the event that a Notice of Appeal is received in accordance with rule 2(d).
(h)
Unless otherwise ordered by the President, neither an application for leave to appeal nor an appeal by a Party to the Appeals Tribunal shall operate as a stay of the decision of the Disciplinary Tribunal which is the subject of the appeal or the application for leave to appeal.
(i)
For the avoidance of doubt, leave of the President is not required in relation to matters in the Appeals Tribunal under rules 2(a)(2) or 2(a)(3).
(j)
A Party wishing to appeal against a decision or determination in accordance with rule 2(a)(2) may appeal against the decision or determination by filing a Notice of Appeal with the Secretary before 5.00pm on the day which is seven (7) days after the notification of the relevant decision or determination. Appeals to the Appeals Tribunal in accordance with rule 2(a)(2) may only be made on one or more of the grounds specified in the relevant rules, regulations, by-laws or policies of Water Polo Australia under which the original decision was made.
(k)
Parties wishing to refer a dispute to the Appeals Tribunal in accordance with rule 2(a)(3) may do so by written notification to the Secretary.
(l)
Further, in the application of these Appeals Rules in respect of any particular matter, the President shall have the absolute discretion to make orders and issue directions as to the conduct of proceedings (including making orders and issuing directions which vary timeframes and other procedural matters provided for in these Appeals Rules) for the purpose of ensuring fair, impartial and efficient conduct of the business of the Appeals Tribunal.
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With respect to the issue of penalty or sanction: that the penalty imposed by the Disciplinary Tribunal was manifestly excessive.
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(2)
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Relationship with Other Rules
No provision of these Appeal Tribunal Rules is intended to affect the operation of any of Water Polo Australia’s rules, regulations, by-laws or policies, where that document provides for tribunal or appeals process that do not involve the Appeals Tribunal, including without limitation the Water Polo Australia Anti-Doping Policy. 4
The Secretary
The Board shall appoint the Secretary, whose role it shall be to perform all procedural and administrative tasks so as to ensure the fair, impartial and efficient conduct of the business of the Appeals Tribunal. 5
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Composition of the Appeals Tribunal (a)
The Appeals Tribunal shall be constituted by a President and two (2) other Appeals Tribunal Members, appointed in accordance with these Appeal Tribunal Rules.
(b)
The Board shall appoint the President. The President shall be a legal practitioner who holds a current practising certificate issued by the Law Society or Bar Association of an Australian State or Territory.
(c)
The Board shall appoint two (2) Appeals Tribunal Members.
(d)
No person may be appointed by the Board as the President or an Appeals Tribunal Member if that person is also, or has within the last 12 months been, a member of the Disciplinary Tribunal Panel Pool.
(e)
In every matter before the Appeals Tribunal, it is the task of the Appeals Tribunal, comprising the Appeals Tribunal Members (including the President) to decide every question of fact.
(f)
Rule 17 sets out the procedure to be followed by the Appeals Tribunal in deliberating and reaching a verdict in all matters before the Appeals Tribunal
Parties to an Appeal
The Appellant is a Party who commences an Appeal to the Appeals Tribunal.
(b)
The First Respondent to an Appeal shall be Water Polo Australia represented in the Appeal by the WPA Counsel in the case of an appeal under rule 2(a)(1), and the WPA Counsel or another person who meets the requirements set out in rule 13(a) in the case of an appeal under rules 2(a)(2) or 2(a)(3).
(c)
Further to rule 6(b), where in the opinion of the President, in his absolute discretion, another person: (1)
Has a direct interest that is or might be affected by the determination; and
(2)
Ought be heard on the hearing of the Appeal;
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For the purposes of this Appeal Tribunal Rules:
the President may, on application by that person or in any event by his own determination, grant leave for that person to be added as a Respondent to the Appeal. If that person is added as a Respondent to the Appeal then he shall be vested with all of the rights and imposed with all of the obligations of a Respondent.
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(a)
A person wishing to appeal pursuant to rule 2(a)(1) against a decision of the Disciplinary Tribunal must seek leave to appeal in accordance with rule 2 by the deadline specified in rule 2(d).
(b)
A person wishing to appeal pursuant to rule 2(a)(2) must do so strictly within any time limits contained in rule 2(d) and the relevant rules, regulations, by-laws or policies.
(c)
An Appeal shall not be regarded as having been commenced within the time limit set out in rule 2 unless a properly completed Notice of Appeal is served on the Secretary before the expiry of that relevant deadline
Leave to Appeal (a)
The Appellant must, in relation to an appeal in accordance with rule 2(a)(1), seek and obtain the leave of the President in accordance with rule 2(e) before the Appeals Tribunal hears an Appeal and before any of the pre-hearing procedures set out pursuant to this Appeal Tribunal Rules.
(b)
For the avoidance of doubt, the Appeals Tribunal has no jurisdiction to hear an Appeal or make any ruling in respect of an Appeal under rule 2(a)(1) unless leave to appeal has first been granted by the President in accordance with rule 2(e).
Amendment and Withdrawal of Notice of Appeal (a)
A Notice of Appeal may not be amended by the Appellant after it is submitted in accordance with the Appeals Tribunal Rules.
(b)
At any time prior to the hearing of an Appeal, the Appellant may withdraw the Notice of Appeal by lodging with the Secretary a Notice of Withdrawal of Appeal, whereby the Appeal shall be finally concluded.
Pre- Hearing Procedures and Parties’ Material (a)
In the event that the President grants a Party leave to appeal a decision of the Disciplinary Tribunal, the President shall forthwith notify the Secretary that leave has been so granted.
(b)
After receiving notification in accordance with rule 10(a), or where the Secretary receives either a Notice of Appeal lodged pursuant to rule 2(j) the Secretary shall forthwith: (1)
Provide a copy of the Notice of Appeal to the Respondent(s);
(2)
Call upon the Appellant to provide, within twenty-four (24) hours, the Appellant’s Material; and
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Time Limit
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(3)
(c)
Provide to the WPA Counsel and the Member, or other person, the Secretary’s contact details, including the Secretary’s telephone number, facsimile number and email address for service.
Unless the President grants leave to the Appellant (such leave to be granted on such terms as the President in his absolute discretion thinks fit in the circumstances), the Appellant shall not be permitted to rely, at the hearing of an Appeal, on any: (1)
Documentary or other evidence (apart from oral evidence of a witness whose evidence is outlined in writing in the Appellant’s Material); or
(2)
Contention or argument;
that is not contained in the Appellant’s Material. (d)
(e)
After receiving the Applicant’s Material in accordance with rule 10(b)(2) the Secretary shall: (1)
Provide a copy of the Notice of Appeal and the Appellant’s Material to the Respondent(s); and
(2)
Call upon the Respondent(s) to provide, within seven (7) days, the Respondent’s Material.
Unless the President grants leave to a Respondent (such leave to be granted on such terms as the President in his absolute discretion thinks fit in the circumstances), a Respondent shall not be permitted to rely, at the hearing of an Appeal, on any: (1)
Documentary or other evidence (apart from oral evidence of a witness whose evidence is outlined in writing in that Respondent’s Material); or
(2)
Contention or argument;
that is not contained in the Respondent’s Material. 11
Challenge to Jurisdiction
The jurisdiction of the Appeals Tribunal;
(b)
The composition of the Appeals Tribunal; and / or
(c)
Any other matter which might reasonably take the Tribunal by surprise;
That Party, or his representative, shall provide a written Notice of Challenge, including the particulars of the challenge and the grounds on which it is made, and forward that document to the Secretary no later than 9.00am on the day of hearing. Upon receipt of such a notice the Secretary shall forthwith forward a copy of it to the WPA Counsel. The Appeals Tribunal shall in accordance with rule 17(a) consider and make a determination on any such Notice of Challenge at the commencement of any proceedings before the Appeals Tribunal and before the Appeals Tribunal commences hearing the case.
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Where in any proceedings before the Appeals Tribunal a Party intends to challenge:
In the event of a successful challenge of an Appeals Tribunal Member, a replacement shall be appointed by the Secretary or (in the case of no available replacements) by the Board.
(a)
An Appeal shall be set down for hearing within seven (7) days after the deadline for filing of the Respondent’s Material unless the President otherwise directs in the circumstances, whether by reason of urgency, fairness or otherwise.
(b)
Hearings shall occur in Sydney unless otherwise ordered by the President.
(c)
On receipt of the Respondent’s Material the Secretary shall: (1)
Notify the President;
(2)
Notify the Appeals Tribunal Members;
(3)
Forward to the Appellant and the Respondent(s) a Notice of Appeal Hearing;
(4)
Collate, index and paginate the Appeal Folder consisting of the: (A)
Notice of Appeal;
(B)
Appellant’s Material; and
(C)
Respondent(s)’s Material;
(5)
Provide a copy of the Appeal Folder (where relevant, having regards to the particular Appeal) to the President, the Appeals Tribunal Members, the WPA Counsel, the Appellant and the Respondent(s); and
(6)
Take whatever other steps which are necessary to convene the hearing of the Appeal before the Appeals Tribunal.
Representation of Parties (a)
Subject to the leave of the President having first been obtained, a Party appearing before the Appeals Tribunal may be represented by a barrister, solicitor, agent or other representative on such terms, if any, as the President in his absolute discretion thinks fit.
(b)
A Party served with a Notice of Appeal Hearing shall attend the Appeals Tribunal hearing at the time and place specified.
(c)
If a Party is unable to attend a hearing in person, he must inform the Secretary of this fact no later than 48 hours prior to the scheduled commencement time of the hearing. If the Party so advises of its / his inability to attend the hearing in person, in accordance with this rule 13(c), the Secretary shall make appropriate arrangements so that the Party is able to participate in the hearing by alternate means, such as video conference or teleconference.
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Setting Down for Hearing
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14
15
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(d)
If a Party issued with a Notice of Appeal Hearing fails to attend the hearing at the time specified in the Notice of Appeal Hearing, the Appeals Tribunal may proceed to hear and determine the Appeal in the absence of that Party.
(e)
In any case where the Appellant and the Respondent(s) agree in writing the Appeals Tribunal may determine the Appeal on the contents of the Appeal Folder and without an oral hearing
Hearing is a Review and Adjournments (a)
The Appeals Tribunal shall hear and determine Appeals lodged under rules 2(a)(1) and 2(a)(2) by way of a hearing de novo.
(b)
Subject to any order of the President, an Appeal hearing cannot be adjourned to a later date or time.
(c)
The President shall, in accordance with these Appeals Tribunal Rules and otherwise in accordance with the principles of natural justice, determine the procedure for hearing a matter commenced in accordance with rule 2(a)(3).
Role of President (a)
In every case, it shall be the President’s task to decide every question of law, evidence and / or procedure.
(b)
The President shall in his absolute discretion give such instructions or directions, as he thinks fit, to the Appeals Tribunal as to matters of law, evidence and / or procedure.
(c)
The President may give whatever directions and make all such orders as he in his absolute discretion deems fit for the conduct, expedition and resolution of matters heard by the Appeals Tribunal.
Rules of Evidence and Witnesses
Proceedings before the Appeals Tribunal are not bound by the rules of evidence usually applicable to proceedings before courts of law.
(b)
Further to the provisions of rules 10(c) and 10(e), the President shall be entitled to disallow the appearance of any witness or the tender of any evidence on the grounds of irrelevance or on other valid grounds.
(c)
Evidence of a person’s disciplinary history (if any) shall not be admissible as evidence on the issue of guilt.
(d)
Subject to any ruling by the President, a Party may present the evidence of a witness by that witness giving evidence: (1) In person at the hearing; (2)
Via teleconference;
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Proceedings before the Appeals Tribunal shall be conducted in accordance with the orders and determinations of the President, subject to the following requirements set out below in rules 16 and 17:
(e)
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(3)
Via video conference; or
(4)
In the form of a written statement verified by statutory declaration, provided that if evidence is given in this form it will not be admitted into evidence if another Party reasonably objects, and where that objecting Party does not have the opportunity to cross-examine that witness on material facts relevant to the proceedings.
Any documents or things admitted into evidence shall be consecutively marked as exhibits, which exhibits at the conclusion of the hearing shall be retained for safe keeping.
Hearing Procedure
Subject to any ruling or order to the contrary made by the President, the procedure of a hearing before the Appeals Tribunal shall proceed as follows: Notice of Challenge (a)
If the Appellant has served a Notice of Challenge in accordance with rule 11 the President shall invite submissions from the Appellant and then the Respondent(s) in respect of the substance of the Notice of Challenge. If either Party requires to adduce evidence in support of an argument in respect of a Notice of Challenge it shall be adduced at the same time.
(b)
The President alone shall make such orders as is necessary to determine the Notice of Challenge.
The Appellant’s Case The Appellant’s case shall be presented as follows: (1)
Tendering any documentary evidence;
(2)
Tendering any expert reports;
(3)
Calling each witness whereupon that witness: Shall be examined in chief by the Appellant or his representative;
(B)
May be cross-examined by the Respondent(s);
(C)
May be questioned by the President and, with leave, by any Appeals Tribunal Member
(D)
May, with leave granted by the President, be re-examined by the Appellant or his representative.
Thereafter the Appellant or his representative shall close his case.
The Respondent(s)’s Case (d)
The Respondent(s) case shall be presented in the following sequence:
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(4)
(A)
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(c)
(1)
Tendering any documentary evidence;
(2)
Tendering any expert reports;
(3)
Calling each witness whereupon that witness:
(4)
(A)
Shall be examined in chief by the Appellant or his representative;
(B)
May be cross-examined by the Respondent(s);
(C)
May be questioned by the President and, with leave, by any Appeals Tribunal Member
(D)
May, with leave granted by the President, be re-examined by the Appellant or his representative.
Thereafter the Appellant or his representative shall close his case.
Addresses (e)
At the conclusion of the Respondent(s)’s case the Appellant may make a closing address to the Appeals Tribunal, followed by an address by each Respondent.
Directions and Deliberations (f)
At the conclusion of the closing addresses the Appeals Tribunal may, but need not, adjourn to consider its decision.
Decisions (g)
A decision of the Appeals Tribunal must at least be a decision of the majority of the three (3) members being the President and the two (2) Appeals Tribunal Members.
(h)
Reasons for a decision of the Appeals Tribunal may, but need not be given.
(i)
A decision of the Appeals Tribunal may be given orally by the President or in writing by the Appeals Tribunal.
Powers of the Appeals Tribunal On the hearing of an Appeal the Appeals Tribunal may: If the Appeal is in respect of a decision made by the Disciplinary Tribunal as to guilt: (A)
Uphold that decision;
(B)
Vary that decision; or
(C)
Quash that decision.
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(1)
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(j)
(2)
(4)
If the Appeal is in respect of a decision made by the Disciplinary Tribunal as to penalty: (A)
Increase the penalty;
(B)
Decrease the penalty;
(C)
Vary the penalty; or
(D)
Affirm the penalty.
If the Appeal is in respect of a decision or determination referred to in rules 2(a)(2) or 2(a)(3): (A)
Make any orders, directions, rulings or determinations set out in the relevant rules, regulations, by-laws or policies; and / or
(B)
Make further or other orders, directions, rulings and determinations which are necessary to resolve the matter Appeal.
Decision Binding (k) 18
Subject to rule 18 below, all decisions of the Appeals Tribunal shall be final and conclusive, are binding on, and shall be given effect to by the parties to the Appeal.
Right of Appeal to Court of Arbitration for Sport
Any decision made by the Appeals Tribunal may be submitted exclusively by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland, which will resolve the dispute definitively in accordance with the Code of Sports-Related Arbitration. The time limit for the submission of the appeal to CAS is twenty-one (21) days after the reception of the decision concerning the appeal. 19
Costs
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Unless otherwise ordered, each Party in any Appeal before the Appeals Tribunal shall be responsible for his own legal costs and the costs of witnesses, experts and interpreters relied on by that Party.
Schedule 1 Notice of Appeal
NOTICE OF APPEAL
The Secretary of the Appeals Tribunal Water Polo Australia Limited [INSERT ADDRESS, FACSIMILE AND EMAIL ADDRESS]
TAKE NOTICE that I, [INSERT NAME OF APPELLANT] (“Appellant”), hereby appeal from (seek a review of) the whole / part of the decision [INSERT PARTICULARS] on [INSERT DATE] on the following grounds: 1. [INSERT]. 2. [INSERT]. 3. [INSERT] et cetera.
Appellant: (Signature)
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Date:
Schedule 2 Notice of Withdrawal of Appeal
NOTICE OF WITHDRAWAL OF APPEAL
The Secretary of the Appeals Tribunal Water Polo Australia Limited [INSERT ADDRESS, FACSIMILE AND EMAIL ADDRESS]
I, [INSERT NAME OF APPELLANT] hereby withdraw my Notice of Appeal dated [INSERT DATE].
Appellant: (Signature)
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Date:
Schedule 3 Notice of Challenge
NOTICE OF CHALLENGE
The Secretary of the Appeals Tribunal Water Polo Australia Limited [insert address, facsimile and email address]
I, [NAME OF APPELLANT] of having received a Notice of Appeal Hearing dated [INSERT DATE] hereby give you notice that at the hearing of this Appeal I intend to challenge [INSERT SUFFICIENT PARTICULARS OF THE CHALLENGE SO AS TO ENSURE THAT THE PRESIDENT AND WPA COUNSEL IS AWARE OF THE NATURE OF THE CHALLENGE TO THE JURISDICTION OR THE COMPOSITION OF THE APPEALS TRIBUNAL OR OTHERWISE].
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Date:
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Signature:
Schedule 4 Notice of Appeal Hearing
NOTICE OF APPEAL HEARING
To: Of:
TAKE NOTICE that the Appeal detailed in the Notice of Appeal dated [INSERT DATE] has been set down for hearing and determination by the Appeals Tribunal at the following place and time:
PLACE: DATE: TIME:
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Date:
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Signature: (Secretary)
MINUTES OF NWPL MEETING HELD 14 JUNE 2015 ATTACHMENT 2 PENALTY SHOOT OUT / DRAW RULES
Approved Rule: Games will conclude at the end of the 4th quarter. If the scores are equal the game will be declared a draw with both team receiving two points. The teams will then play for a bonus point where each team shall take up to five (5) penalty shots in accordance with FINA By-Law WP 11.3. If at any stage before the 5 shots have been taken one team has an unassailable lead after equal shots the team that has the unassailable lead will be deemed the winner of the bonus point. If, after all five (5) penalty shots have been taken, the scores are still equal, the game will remain as a draw.
MINUTES OF NWPL MEETING HELD 14 JUNE 2015 ATTACHMENT 2 UNFINISHED MATCHES Approved Rule: Where any scheduled match cannot start or be concluded in the scheduled time, the match will be declared a “no result” and both teams will be awarded 2 points with no goals scored. The game will be listed as a draw on the points table. The Pool Manager is the final authority to decide on safety issues, e.g. weather conditions or pool equipment failure, that effect if a match can start or be concluded. If a match has not started and the two teams involved can re schedule the match or find an alternate venue that is suitable to both teams and is approved by the Manager, Competitions and Events then the game will be rescheduled. Where the match is called off by the referees for judiciary reasons – e.g. Melee, - the game will be referred to the NWPL Judiciary for consideration. Circumstances where a match that has not been concluded can have a result declared: Where a match has finished the third quarter then a result can be declared by the NWPL Appointed Match Delegate based on the following model. If there is no NWPL Appointed Match Delegate in attendance the matter will be referred to the Manager, Events and Competitions for a decision. For a team to be declared the winner they must be leading by the score detailed below at or after the elapsed time: End of 3rd quarter: 7 goals 4th Quarter- 6 minutes remaining: 6 goals: 4th Quarter- 4 minutes remaining: 5 goals: 4th Quarter- 2 minutes remaining: 4 goals: 4th Quarter- 1 minutes remaining: 3 goals:
NWPL Appointed Match Delegate may also award the match to one of the clubs should he/she consider the non-finish of the match was caused deliberately by either club noting that any such decision is subject to appeal by either team involved in the match and that the NWPL Appointed Match Delegate must publicise his reasons for such a decision. If there is no NWPL Appointed Match Delegate in attendance the matter will be referred to the Manager, Events and Competitions for a decision.
MINUTES OF NWPL MEETING HELD 14 JUNE 2015 ATTACHMENT 4 MATCH POINTS Approved Rule: Win – 3 points – where one team has more goals scored than the other at the end of normal time – i.e. 4 quarters of play. Draw – 2 points - where both teams have the same number of goals scored at the end of normal time – i.e. 4 quarters of play. Loss – 1 point - where one team has less goals scored than the other at the end of normal time – i.e. 4 quarters of play. Bonus Point – 1 point – to a team that wins a penalty shoot-out after a game has been drawn. Disqualification/Forfeit – 0 points – (0-5 goal score) Win on Disqualification/Forfeit – 3 points – (5-0 goal score) No Result – 2 points each team – no goals recorded.
MINUTES OF NWPL MEETING HELD 14 JUNE 2015 ATTACHMENT 5 FINALS SERIES POSITION CALCULATION
Section 8 Finals Series 8.1. Positions after home and away games: Teams will be allocated positions at the end of the home and away games based on the total number of points accumulated during the season from all matches with points awarded as per Section 7. If two or more teams are equal on points at the end of the home and away games the following will be used to determine rankings. Where two teams are equal on points at the end of the regular season then the following will be used to rank the teams. The first consideration will be the result between the two teams over both games played during the season. 1. Firstly the total table points earned by each team over the two games played between the teams during the regular season with the team with the highest number of points being ranked higher, if that is level then 2. The team with the most wins over the two games played between the teams during the regular season is ranked higher, if that is level then 3. The combined goal difference over the two games played between the teams during the regular season with the team with the better goal difference (determined by total for minus total against over the two games including any penalty shoot-out goals) being ranked higher, if that is level then 4. The team with the highest number of wins over the entire season against all teams being ranked higher, if that is level then, 5. The team with the better goal difference over the entire season against all teams (determined by total for minus total against over all games including any penalty shootout goals) being ranked higher, if that is level then 6. The away team in the fixtures between the two teams during the season will be awarded the higher ranking.
Where three or more teams are equal on points at the end of the regular season then the following will be used to rank the teams. The first consideration will be the results of all games between the teams on equal points played during the season. Note should at any point during the determination of ranking process the number of teams remaining to be ranked total two then the process listed above for two teams on equal points will be used to determine those two teams ranking. 1. Firstly the total table points earned by the teams over all games played between the teams during the regular season with the team with the highest number of points being ranked higher, the team with the second highest number of points ranked next and so forth, if that is level then 2. The most wins earned by teams over all games played between the teams during the regular season with the team with the highest number of wins being ranked higher, the team with the second highest number of wins ranked next and so forth, if that is level then 3. The combined goal difference (determined by total for minus total against including any penalty shoot-out goals) over all games played between the teams during the regular season with the team with the best goal difference being ranked higher, the team with the second best goal difference ranked next and so forth, if that is level then 4. The number of wins over the entire season against all teams with the team with the highest number of wins being ranked higher, the team with the second highest number of wins ranked next and so forth, if that is level then 5. The combined goal difference (determined by total for minus total against including any penalty shoot-out goals) over all games against all teams played during the regular season with the team with the best goal difference being ranked higher, the team with the second best goal difference ranked next and so forth, if that is level then 6. The team with the most away games in all fixtures between the teams on equal points being ranked higher, the team with the second most away games ranked next and so forth, if that is level then 7. A toss of the coin between all teams with the order of toss decided by ballot.
Delegates, Prior to the discussion about the venue for the 2016 NWPL Finals, the Victorian Seals Board ask that the National League delegates consider the following points: 1. The Seals have asked to hold the event to help promote and grow the sport in Victoria and to help position the sport as a national one. 2. The discussion the Seals recently had with the Victorian Minister for Sport, led to him verbally communicating interesting in three events: a. The 2016 NWPL Finals b. The 2016 FINA Intercontinental tournament (men’s or women’s) c. The 2017 FINA Junior World Championships (men’s or women’s) 3. We have received written confirmation from the Victorian Government of financial support for the first of these events, the 2016 NWPL Finals. This letter was marked as confidential so unfortunately cannot be shared. 4. The Seals have committed $35,000 towards holding the event, made up of the grant from the Victorian Government and a naming rights sponsor for the event. The Government grant is subject to meeting specific requirements, which we believe can be successfully met. 5. Whilst we don’t disagree with the blend of teams used for the calculations (though it is very hard to predict at this stage of the year), we do consider the spreadsheet circulated to all clubs to be biased in multiple areas. For example: a. The airfare unit costs are higher than reality b. The projected gate takings are higher for Sydney than they are for Brisbane or Melbourne c. The costs for announcers/streaming staff are marked as all local for Sydney even though there is an experienced announcer in Melbourne in Andy Isaac d. There is no reference to the sponsorship proposed by the Seals 6. Given this, we believe the more realistic difference between holding the event in Melbourne versus Sydney is around $8000 or $330 per team.
7. Additionally, if we are able to secure this first event and could demonstrate to the Victorian Government that they should invest in the Intercontinental tournament, the potential savings to WPA in not have to send a team overseas would be significant, possibly in the order of $50,000, based on 18 players and coaches at $2,500+ per head. Some of these savings could then easily be invested in any financial gap between holding the event in Melbourne and Sydney meaning the National League clubs would not be out of pocket. In summary, we ask for your support to hold the 2016 National League Finals in Melbourne so we can continue to promote the sport as a national one and also gain further support from the Victorian Government to invest in two international level tournaments that could provide additional significant financial benefits to the sport, especially our national teams. Thank you, The Victorian Seals Board