Ethan Calleja v Artistic Swimming Australia

The Applicant was not selected by Artistic Swimming Australia (ASA) for the World Aquatic Championships to take place in Japan in July 2023.

The ASA Board did not select the Applicant as he did not adhere to the selection criteria (namely, by not competing at the most recent National Championships), a recent lack of a performance base, and athlete well-being on the basis that the Applicant was not ready for that level of competition.

The Applicant appealed his non-selection on the grounds that he had the support of ASA High Performance/Management and had been rightfully nominated, and his non-selection was a procedural failing that should be quashed. He also contested his non-eligibility and, in doing so, sought further clarification on the selection of male athletes in the sport to compete internationally.

This application was lodged with the NST on 15 June 2023. The parties were notified of the outcome on 23 June 2023.

The Tribunal noted the Board’s reserved constitutional power to endorse selections of this nature and found that the ASA Board’s ultimate constitutional authority and express justification trumped the actions of the High Performance/ASA Management Team and the EOI by the applicant. Accordingly, the Tribunal dismissed the appeal. In making this decision, the Tribunal noted that it was relevant that the ASA appeared to be going through administrative transition and strain at the material time.