Lisa Jane Weightman v Athletics Australia

The Applicant was not nominated by the Respondent to represent Australia at the 2024 Olympic Games in the Women’s Marathon event. The Applicant was one of the six female marathon athletes who met the performance standard identified by the qualification system of World Athletics.

In accordance with the Australian Olympic Committee By-Law (AOC By-Law) and the Respondent’s Nomination Criteria for Paris 2024 (Nomination Criteria), the Applicant lodged an application with the NST on 15 May 2024. The Applicant disputed her non-nomination on the grounds that the Nomination Criteria was not properly applied and there was no material on which the Respondent’s decision could be reasonably based.

The appeal was heard by a sole arbitrator in the NST General Division. Following submissions and evidence lodged by the Applicant, Respondent and one of the Affected Parties, and a short virtual hearing which took place on 21 May 2024, a determination was provided on 22 May 2024 with written reasons following on 23 May 2024. 

The NST was satisfied the first ground of appeal was made out by the Applicant, by virtue of:

• the Respondent failing to provide reasons to the Applicant of her non-nomination as required by the AOC By-Law and Nomination Criteria; and
• the failure to adopt a process, contemplated by the World Athletics Qualification System (WAQS) which was adopted by the Nomination Criteria, for identifying athletes who had won quota places according to the WAQS and then determining if other qualified athletes should be substituted for nomination. 

Therefore, the Tribunal concluded that the Nomination Criteria had not been properly applied and upheld the appeal.

The NST in accordance with the AOC By-Law remitted the matter to the Respondent for reconsideration and redetermination.