Ellery Hulme v Hockey Australia

On 10 May 2024, Hockey Australia (HA), the Respondent, imposed a lifetime ban on Ellery Hulme, the Applicant after investigating three allegations pursuant to the Respondents Complaints, Dispute, and Discipline Policy (‘CDDP’).

The Applicant did not contest the findings of the investigation, however appealed the lifetime ban. 

The Applicant argued that there are sanctions less severe and more appropriate than the lifetime ban that should apply and submitted that risk minimisation strategies should be employed to permit the Applicant to continue to be a part of the hockey community in a manner that is safe and acceptable to all members of the community, including children. The Applicant offered alternate sanctions that included a ban on him holding any administrative or official positions within a Club or Association; a lengthy playing ban, and additional restrictions once he became eligible to play again.  The Applicant also provided statements from his psychologist which outlined the important role participating in hockey has had to his rehabilitation. 

The Respondent in their submissions, has no tolerance for criminal sexual offences, particularly against children. Any effective risk mitigation measures, like those proposed by the Applicant, are seen to place an undue burden on volunteers and officials and thus rejected by the Respondent. The Applicant’s position as Vice President is untenable for reasons including being ‘unable and unwilling to obtain a valid Working with Children Check’ which is required by both law and policy. Further, the nature of his offending on both occasions caused him to be placed on the Sex Offender Registry, and he has admitted to issues with ‘impulse control’. 

The Tribunal considered the severity of the sanction as well as the reasonableness of other less severe options. It was found that the sanction is consistent with HA policies. 

The Applicant’s appeal was dismissed; the sanction of a lifetime ban on the Applicant remains in effect.