Hogan v Triathlon Australia

The Applicant was not selected by Triathlon Australia to compete in a World Triathlon Cup event to take place in March 2023. She appealed her non-selection on the grounds of actual bias and that Triathlon Australia had erred in the application of its Selection Policy. Two persons were identified as Interested parties but declined to participate.

The application was lodged with the NST on the evening of 21 February 2023. It was fast-tracked and heard by video conference on the evening of 23 February 2023. On the morning of 24 February 2023, the parties were notified of the outcome.

The Tribunal determined that there was insufficient evidence to support the claim that Triathlon Australia was actually biased towards the Applicant and that Triathlon Australia acted with such partisanship or hostility so as to have made up its mind against the Applicant prior to consideration of her potential selection in accordance with the discretionary factors set out in the Selection Policy.  The Tribunal also determined that there was no evidence that the exercise of discretion by Triathlon Australia miscarried.  Accordingly, the Tribunal had no power to substitute a different selection decision to the decision made by Triathlon Australia.