H v Tennis Australia

In February 2022, following an incident which occurred at a tournament in December 2021, a Tennis Australia Tribunal determined that a parent of a player was to be banned from attending any tennis facilities and/or venues or premises of any Australian Tennis Organisation for a period of time, with a further period of suspended sentence. Through the NST Appeals Division, the parent sought a reduced sanction on the ground that the sanction imposed was manifestly disproportionate to the breaching conduct. The NST re-considered all evidence before the Tennis Australia Tribunal and, with agreement of the parties, admitted and considered new evidence.

In making this Determination, the NST member considered the application of Tennis Australia’s Member Protection Policy and Code of Behaviour, whether the penalty imposed by the Tennis Australia Tribunal was disproportionate to the offending conduct, and whether the Tennis Australia Tribunal failed to consider the context of the offending and the parent’s state of mind at the time of the incident.

The NST determined that the sanction imposed by the Tennis Australia Tribunal was not manifestly disproportionate to the breaching conduct and, accordingly, dismissed the appeal.