Jessica Jung v Australian Ice Racing

Australian Ice Racing (AIR), the body responsible for the governance of the sport within Australia, took disciplinary action against the Applicant, a nationally accredited coach, for alleged breaches of its Child Safeguarding Policy (CSP). 

AIR received multiple complaints in November 2022, which were referred to Sport Integrity Australia (SIA) for investigation. SIA found three instances of prohibited conduct, under two formal allegations, to be substantiated. Upon receipt of SIA’s findings, AIR issued the Applicant with a breach notice, detailing the findings and proposed sanctions. The Applicant disputed the breach notice in its entirety and subsequently, in accordance with its Complaints, Disputes and Discipline Policy (CDDP), AIR referred the dispute to the General Division of the NST for arbitration. 

The matter was heard virtually by a sole NST Member on 6 February 2024, the NST Member also considered submissions and evidence from both parties prior to the hearing. 

In making its determination, the Tribunal took account of the cultural differences that may have led the Applicant, who has been a coach in the sport for a significant period of time both in Australia and overseas, to be in breach of the CSP. However, in doing so, the Tribunal made clear it is the responsibility of the Applicant as a coach to ensure her coaching practices are age and developmentally appropriate, and in compliance with current policies. 

The Tribunal dismissed the application, affirming the findings made by SIA and upholding the proposed sanction included in the breach notice.