Olga Belooussov v Gymnastics Australia

Mrs Olga Belooussov is a long-serving and accomplished gymnastics coach. The Respondent, Gymnastics Australia, is the governing body of gymnastics in Australia.

The Respondent investigated a complaint made by a former athlete of Mrs Belooussov, who alleged conduct that, if substantiated, would breach the Member Protection Policy and the Child Safeguarding Policy.

The Respondent completed an investigation into the complaints, and made findings that 7 of the 12 of allegations were substantiated. Mrs Belooussov received notice of the outcome of the investigation and the proposed sanction, which immediately came into effect.

Mrs Belooussov disputed the findings and sanction set out in the Breach Notice and in accordance with the Respondent's Complaints, Disputes and Discipline Policy, the matter was referred to the National Sports Tribunal for arbitration.

The parties arbitrated the seven substantiated allegations. The arbitration before the NST was lengthy, involving several Pre-Hearing Conferences, adjournments, Directions and a Hearing.

The Respondent primarily sought to rely on the investigation it had undertaken and the report produced following the investigation. Mrs Belooussov challenged the validity of the report on several grounds and sought for the charges to be dismissed, as the requisite standard of proof had not been made out and in the event any of the allegations were to be substantiated, the sanctions imposed are manifestly excessive.

In summary, the NST Member, having considered all of the materials before it, determined that the substantiated findings be declared null, void and of no effect.