The Applicant, a professional Athlete (the Athlete) was not selected to represent Australia at an International Competition by the Respondent, National Sporting Organisation (NSO). Pursuant to the NSO’s National Selection Policy (Selection Policy), the Athlete sought to appeal their non-selection on the ground that the decision was unreasonable in the circumstances.
At first instance, the NSO determined that the appeal had no reasonable prospect of success and denied it. On 28 August 2024, the Applicant lodged an application with the National Sports Tribunal (NST). Two selected athletes were also joined as Interested Parties.
The matter was initially heard by a sole Member in the NST General Division. Following agreement between all Parties, two experts were added, and the matter proceeded before a three-member NST Panel, sitting qua NSO National Selection Appeals Tribunal. After considering the evidence and submissions of the Athlete, NSO, and the Interested Parties, the Tribunal delivered its determination on 3 October 2024.
The Tribunal found that the "unreasonableness" ground of appeal imposes a high threshold. Having carefully considered the material before it, including the submissions of all parties, the Selection Policy and guidance material, the Tribunal concluded that the Athlete had not met that threshold.
The appeal was therefore dismissed.