The National Sporting Organisation (the Respondent) received two complaints regarding a Coach (the Applicant), which alleged breaches of the Respondent's Child Safeguarding Policy (the Policy). The Respondent reported these complaints to Sport Integrity Australia (SIA) for an investigation, in accordance with the Respondent's Complaints, Disputes and Discipline Policy (CDDP).
SIA, who was an Observer to these proceedings, informed the Applicant of the complaint and initiated a Provisional Action while the complaint was being assessed, which included supervision orders when instructing children under the age of 18.
The Applicant sought to appeal the Provisional Action on the basis that it was disproportionate in the circumstances. On 29 July 2022, under the CDDP, the dispute was referred to the National Sports Tribunal (NST) General Division.
The Applicant submitted that the Provisional Action was disproportionate due to incorrect allegations and misleading information, particularly regarding the incident location. The Applicant also contended that the decision implied guilt without a fair process or the chance to present their perspective and evidence related to SIA's investigation allegations. In response, the Respondent presented arguments regarding the Provisional Action imposed by SIA, emphasising the seriousness of the allegations against the Applicant and the potential risk of harm to the sport. Further, the Respondent submitted that any one of the behaviours alleged justified the action, and SIA had discretion in imposing it.
The dispute was determined without a hearing. On 5 August 2022, the NST delivered its determination. After consideration of the parties' submissions, the NST determined that SIA considered proportionality in deciding on the Provisional Action to impose in this case. SIA has a responsibility to protect the safety of children and balance that with the rights of the Applicant to preserve their rights while the matter is being investigated.
The NST Member concluded the Provisional Action imposed on the Applicant by SIA in the form of supervision when instructing children (under the age of 18) was proportionate in the circumstances.