Benjamin Manning v Paddle Australia

This is an appeal by the Applicant against the Respondent in relation to his non-nomination to the Australian Team for the 2024 Olympic Games.

In accordance with the Australian Olympic Committee By-Law and the Respondent’s 2024 Olympic Nomination Criteria (Nomination Criteria), the Applicant lodged an application with the NST on 22 March 2024. The Applicant disputed his non-nomination on the grounds that the Nomination Criteria was not properly applied.

The appeal was heard by a sole arbitrator in the NST General Division. Following submissions and evidence lodged by both parties, a determination was provided on 22 April 2024 with written reasons following on 24 April 2024.

The Applicant’s primary position in effect was that the Respondent’s selection panel failed to exercise the discretionary powers afforded to them under the Nomination Criteria. The Tribunal was not satisfied this was correct, as it was entirely a matter for the selection panel as to whether and how they chose to exercise their discretionary powers.

However, the Tribunal identified inconsistencies between the statement of reasons for non-nomination provided to the Applicant prior to these proceedings, in which it was stated the discretionary powers of the selection panel had been exercised; and the submissions later made by the Respondent to the Tribunal as part of these proceedings, in which it was stated the discretionary powers need not be exercised and, in this case, they weren’t. Due to these inconsistencies, it was unclear how the decision had been made, and thus the Tribunal was not satisfied the Nomination Criteria had been properly applied.

Ultimately, the appeal was upheld, and the matter was remitted back to the Respondent for reconsideration and redetermination.