Oscar Dart v Triathlon Australia

The Applicant was not selected by Triathlon Australia (TA) to compete in a World Championship Series event to take place in Hamburg in July 2023. He appealed his non-selection on the grounds that TA had erred in the application of its Selection Policy and that he was not afforded a reasonable opportunity by TA to satisfy the Selection Policy. Two persons were identified as Interested parties but declined to participate.

The application was lodged with the NST on 14 June 2023. It was fast-tracked and heard on the papers. The parties were notified of the outcome on 15 June 2023. The Tribunal dismissed the appeal since it was not established that TA did not properly apply its Selection Policy, or that the Applicant was not afforded a reasonable opportunity to satisfy the policy.

In making this finding the Tribunal commented on TA’s exercise of discretion, confirming that it must be exercised with the objective set out in the policy in mind. The Tribunal also noted the importance of the provision of reasons for selection (including non-selection) decisions, and observed that TA provided no substantive reasons to the Applicant for his non-selection prior to the appeal. The absence of reasons in this case meant that the Applicant, who had a higher world ranking than some selected athletes, understandably felt aggrieved and had no way of knowing why other athletes were selected ahead of him, or whether he had any potential grounds for appeal.