The Appellants v Gymnastics Australia (Appeal)

The Appellants appealed the General Division Determination of the National Sports Tribunal (NST) which upheld their non-selection by Gymnastics Australia (GA) to compete at the World Age Group Competition and Junior World Championships (the Championships), an International Gymnastics Federation (FIG) sanctioned event. Two interested parties, which were parties to the First Instance Appeal, remained as parties to this Final Appeal in the NST Appeals Division.

A panel of three NST Members considered submissions and evidence from the Appellants and GA, including new evidence which the appellants sought to admit in accordance with NST Legislation. The 2 interested parties maintained their positions from the First Instance Appeal.

The matter was set down for a hearing on 13 February 2024 and a verbal determination was provided to the parties at the conclusion of the hearing with written reasons issued on 15 February 2024.

The Appellants appealed the General Division Determination on the basis that it was incorrect in fact and in law, identifying four main grounds in their submissions, namely:

1. GA failed to consider the level of competition
2. GA unreasonably exercised the discretion afforded to them
3. specific clauses of the relevant selection policies were improperly applied; and
4. the erroneous appointment of judges at the Championships.

The Panel endorsed the conclusion reached by the General Division, in that it was reasonable for the selectors to apply the greatest weighting to the more recent head-to-head competition between the Appellants and the selected athletes, in which the selected athletes achieved a greater result.

Ultimately, the Tribunal found no merit to any of the 4 grounds and dismissed the Final Appeal.