Ambrosia Malone v Hockey Australia

The Applicant was not nominated by the Respondent to represent Australia in hockey at the 2024 Olympic Games.

In accordance with the Australian Olympic Committee By-Law and the Respondent’s Nomination Criteria, the Applicant lodged an application with the NST on 24 June 2024. The Applicant disputed her non-nomination on the grounds that the Respondent’s National Selection Panel (the Panel) was affected by actual bias in making the decision, the Panel did not correctly apply the Nomination Criteria adopted by the Respondent, and there was no material on which the 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, a determination was provided on 28 June 2024 with written reasons following on 3 July 2024.

Several athletes were given the opportunity to lodge submissions and evidence as they were considered to be affected parties. Not all identified affected parties elected to be treated as such, and only one of the affected parties made a statement. 

The Tribunal considered each ground thoroughly and in doing so concluded that there was material on which the decision could reasonably have been based, the Panel did not incorrectly apply the Nomination Criteria and the Applicant fell well short of establishing that there was actual bias in making the decision.

The appeal was dismissed.