Ari Gesini v Athletics Australia

The Applicant appealed his non-selection to the World Para Athletics Championships (Event), taking place in Paris, France on 8 – 17 July 2023. The main issues addressed in his appeal were whether Athletics Australia erred in determining that the Applicant had not met the relevant criteria of the selection policy for the Event, or that Athletics Australia failed to exercise its discretion in accordance with the same policy. There we no interested parties identified to the appeal.

The application was lodged with the NST on 30 May 2023. Given the limited timeframe between the end of the appeal window, being 30 May 2023, and the closing date for entries to the Event, being end of day 1 June 2023, the parties followed a fast track procedure that was outlined in an annexure to the selection policy. The parties lodged submissions on 31 May 2023 and the matter was set down for hearing, at the Applicant’s request, on the morning of 1 June 2023. A determination including written reasons was provided to the parties before 4pm on 1 June 2023.

The Tribunal determined that the selection policy for the Event was very clear in setting out the performance standards, timeframes and selection criteria to be applied, which included stated aims and objectives to assist in the selection committee’s rationale. Unfortunately, the Applicant had not met the criteria for automatic selection under the selection policy, and therefore needed to rely on the selection committee exercising its final selection discretion. Ultimately, it appeared the selection committee had considered exercising its discretion and determined that in the case of the Applicant, they did not have grounds to do so.

The application was dismissed.