The Appellants v Gymnastics Australia

The Appellants were not selected to represent Australia at the World Age Group Competition and Junior World Championships (the Championships), an International Gymnastics Federation sanctioned event. After the Appellants were notified by Gymnastics Australia (GA) of their non-selection and appointment as non-travelling reserves, a First Instance Appeal was lodged with the National Sports Tribunal for arbitration in the General Division.

Two interested parties were subsequently identified: (i) the trio of athletes who were selected by GA to represent Australia at the Championships; and (ii) another trio of athletes who were also not selected.

The appeal was heard by a sole NST Member and the Appellants relied on two grounds of appeal in accordance with the relevant selection policies of GA, namely: (i) the selection policy was not properly applied by GA in respect of the non-selected athletes; and (ii) there was no material on which GA’s decision could be reasonably based.

The Tribunal received submissions and evidence from the Appellants, GA and the two interested parties, the determination was made without a hearing (i.e., on the papers).

In its determination, the Tribunal acknowledged there were historic events at which the Appellants’ results at times exceeded those of the selected athletes. However, it was reasonable for the selectors to deem the most objective data to come from the more recent head-to head competition in which the selected athletes came second and the appellants third.

Ultimately, the Tribunal found no merit under either ground and dismissed the appeal.