Stephen Culley v Nick Petz (with AusCycling)

The Applicant made a complaint to the National Sporting Body (AusCycling) regarding occurrences at a BMX Club grounds. The Respondent is the President of the BMX Club. The complaint relates to the conduct of the Respondent in ejecting the Applicant from the premises of the Club during an event. The Applicant submitted that the Respondent’s conduct was in breach of provisions of the AusCycling  Code of Conduct, Child Safe Sport Policy and Code of Behaviour. The Respondent submitted that the ejection of the Applicant from the premises was in accordance with a lifetime ban (described as a 10-year ban) previously imposed by a subcommittee of the Club.

The Tribunal considered the right of an occupier to eject a person from premises. The Tribunal determined that the lifetime ban imposed by the Club on the Applicant is void ab initio and that a warning should be issued by AusCycling to the Respondent in relation to the Respondent’s conduct towards the Applicant.